Judgment :- 1. The prayer in the writ petition is as follows:— “to issue Writ of Declaration or any other appropriate Writ, Order or Declaration declaring that the auction of the second respondent with regard to auction of 56 shops at Salem New Bus Stand, Achiyuvanari, in item 1 of the auction notice dated 24.12.92 is ultra vires the Constitution, illegal, void and unenforceable” 2. The petitioner claims to be a member of schedule casts community. His grievance is that the second respondent-Municipality proposes to auction 56 shops to the general public and the same is unconstitutional because the second respondent is obliged to reserve 18% of the shops to schedule caste candidates. 3. When I asked the learned counsel to tell me the basis on which the reservation is claimed, he would refer to the Arts. 15 (4), 16 and 46 of the Constitution of India. 4. The contention of the petitioner does not merit any consideration. So far as the provisions of Cla. (4) of Art. 15 is concerned, it is only an enabling provision. It does not create any fundamental right in favour of the petitioner. If the State makes a reservation for the advancement of Schedules Castes and Schedule Tribes, it is valid by virtue of sub-Cl. (4) of Art. 15 of the Constitution of India. But it is not within the powers of Court to direct the respondents to make special provision in the matter of allotment of shops belonging to a State or a local body. It is the exclusive function for the administration to decide whether any reservation should be made in the matter of allotment of shops in favour of Schedule Castes and Schedule Tribes. In the absence of any reservation the petitioner cannot seek to challenge the public auction on the ground that no reservation has been made. 5. Reliance placed by the petitioner on Art. 16 of the Constitution of India is totally misconceived for this Article deals only with equality of opportunity in the matter of public employment. Art. 46 of the Constitution of India contemplates the promotion of educational and economic interest of Schedule Castes and Schedule Tribes and other weaker sections. 5. Reliance placed by the petitioner on Art. 16 of the Constitution of India is totally misconceived for this Article deals only with equality of opportunity in the matter of public employment. Art. 46 of the Constitution of India contemplates the promotion of educational and economic interest of Schedule Castes and Schedule Tribes and other weaker sections. It is again for the State to take appropriate steps to promote the and economic interest of Schedule Castes and Schedule Tribes and not for the Court to direct the State to make necessary provision for promoting economic interest of weaker sections. 6. Consequently, the writ petition is dismissed. No costs.