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U.P. Public Service Commission, ... vs Sanjay Kumar Singh on 11 August, 2003

From the simple reading of the aforesaid statutory provision, it is crystal clear that the first list of Scheduled Caste/Scheduled Tribe, to be treated as such in relation to a State or the Union Territory is to be notified by the President of India. Any amendment in such list notified either by inclusion or exclusion can be affected only through an Act of Parliament. The scope of Articles 341 and 342 of the Constitution of India has been considered by the Hon'ble Supreme Court of India in its judgment reported in 2004 (9) SCC 481, Sudhakar Vithal Kumbhare v. State of Maharashtra and others and 2003 (7) SCC 657, U.P. Public Service Commission, Allahabad v. Sanjay Kumar Singh, it has been explained that first list has to be published by the President of India and thereafter any amendment in such list can be made by the Act of Parliament. The Supreme Court has held that the State Government cannot add or substitute any cast to the list notified nor any caste can be declared as sub caste of a notified caste for the purposes of being treated as the Scheduled Caste or Scheduled Tribe.
Supreme Court of India Cites 6 - Cited by 30 - P V Reddi - Full Document
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