New Delhi, Feb 21 (PTI) The Supreme Court on Friday refused to hear a plea to include a community in the list of scheduled castes in all states in the country.
A bench of Justices B R Gavai and Augustine George Masih told the petitioner’s counsel, “How is such a petition tenable? The issue is concluded by so many judgements of the Supreme Court… We can’t even make an alteration. We can’t add a comma.” The counsel said he would withdraw the plea and move the high court.
“The high court also does not have any jurisdiction. It is only the Parliament which can do it. It is so well-settled. Nothing can be changed,” the bench said.
“You know what happened in Manipur,” said Justice Gavai.
The bench allowed the petitioner, Telangana State Are-Katika (Khatik) Sangh, to withdraw the plea.
The petition, filed through advocate Sunil Prakash Sharma, said the “Are-Katika (Khatik)” community was listed in the scheduled castes category in several states including Haryana, Delhi, Uttar Pradesh, Bihar, Rajasthan and Gujarat.
In the remaining states, said the plea, the community was listed in the other backward classes (OBC) category.
“The social customs and rites are common in the entire community of Katika/Khatika all over India,” it said.
The plea said the community had different statutory statuses in different states and argued, “As per Article 341 and 342 of the Constitution of India, the SCs and STs list are state specific and valid within the jurisdiction of that state/UT and not outside.” When a woman from the community marries in another state, where the community is not listed in the scheduled castes category, she loses her SC status, the plea added. PTI ABA AMK
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