JUDGMENT 1. - This writ petition in the nature of public interest litigation has been filed seeking direction (a) to prohibit the use of name and/or emblem of Baba Ramdev Pir of Ramdevra, Rajasthan known by names 'Baba Ramdev', 'Ramdev', 'Shri Ramdev Maharaj' by issuing notification under Section 3 of the Emblems and Names (Prevention of Improper Use) Act, 1950 (in short 'the Emblems Act) and Section 23(1) of the Trade Marks Act, 1999; (b) to cancel the trade marks containing name/emblem of Baba Ramdev Pir in different names from the Register of Trade Marks, and in future, not to grant registration to any such trade mark under Section 9(2)(b) and Section 57 of the Trade Marks Act; (c) to register complaint for using of name/emblem of Baba Ramdev Pir on pornographic sites and (d) to take action-civil and criminal-including action under Section 95 of the Code of Criminal Procedure for preventing the misuse of the emblem and name of Baba Ramdeo. 2. It is said that Baba Ramdev Pir has substantial following among different communities in the northern and western states of India. He was a social and religious figure and a warrior saint and is regarded as a 'folk deity', and a Kalki Avatar i.e. incarnation of God. It is said that in total disregard of the feelings of millions of his followers, name/emblem of Baba Ramdev is being used as trade mark in different commodities and services including beer, living animal and animal products, gutkha, tobacco, cigars & cigarettes, foodstuff, animal feeds, edible oil, agricultural, horticultural & forestry products, spices etc. Representations have been made by petitioners and others for inclusion of his name and emblem in the Schedule to the Emblems Act but without any result. It is said that by including the name/emblem of different organisations and individuals, the Central Government has prohibited their use. Having regard to the sentiments of his followers, the name/emblem of Baba Ramdev Pir should also be included in the Schedule. 3. Section 3 prohibits improper use of emblems and names specified in the Schedule or any colourable imitation thereof without previous permission of the Central Government or officer authorised in this behalf. Section 4 prohibits registration of certain companies etc. or 'registration of a trade mark or design, or grant of patent bearing any name/emblem if the use of such name or emblem is prohibited under Section 3. Section 4 prohibits registration of certain companies etc. or 'registration of a trade mark or design, or grant of patent bearing any name/emblem if the use of such name or emblem is prohibited under Section 3. Section 8 empowers the Central -Government to amend the Schedule. For the sake of ready reference, above-mentioned Sections may be quoted as under : "3. Prohibition of improper use of certain emblems and names.-Notwithstanding anything contained in any law for the time being in force, no person shall, except in such cases and person shall, except in such cases and under such conditions as may be prescribed by the Central Government, use, or continue to use, for the purpose of any trade, business, calling or profession or in the title of any patent, or in any trade mark or design, any name or emblem specified in the Schedule or any colourable imitation thereof without the previous permission of the Central Government or of such officer of Government as may be authorised in this behalf by the Central Government. 4. Prohibition of registration of certain companies, etc.-(I) Notwithstanding anything contained in any law for the time being in force, no competent authority shall : (a) register any company, firm or other body of persons which bears any name, or (b) register a trade mark or design which bears any emblem or name, or (c) grant a patent in respect of an invention which bears a title containing any emblem or name, if the use of such name or emblem is in contravention of section 3. (2) if any question arises before a competent authority whether any emblem is an emblem specified in the Schedule or a colourable imitation thereof, the competent authority may refer the question to the Central Government, and the decision of the Central Government thereon shall be final. 8. Power of the Central Government to amend the Schedule.-The Central Government may, by notification in the Official Gazette, add to or alter the Schedule, and any such addition or alteration shall have effect as if it had been made by this Act." 4. Rules titled `The Emblems and Names (Prevention of Improper Use) Rules, 1982' (in short 'the Rules') have been framed in exercise of power conferred by Section 9 to carry out its purpose. Rules titled `The Emblems and Names (Prevention of Improper Use) Rules, 1982' (in short 'the Rules') have been framed in exercise of power conferred by Section 9 to carry out its purpose. Rule 3 provides for appointment of a designated officer and rule 4 provides for appointment of Committee consisting of officials as mentioned therein. Rule 6 provides for processing of proposals for additions or alterations to the Schedule. Having 1 regard to its relevance, the said rule may also be quoted as under : "6. Processing of proposals. -Any proposal for making additions or alterations to the Schedule received by the Central Government from any State Government, local authority or any other source, s shall be referred to the designated officer who shall, after examining the same and after classifying the said proposals in appropriate classes wherever possible, submit them for consideration by the Committee." 5. Rule 7 lays down that the Committee, after considering the proposal 1 submitted by the designated officer, shall make appropriate recommendations as to desirability or otherwise of including any particular proposal or classes of proposals in the Schedule. The designated officer, on receipt of recommendations from the Committee, shall submit the same to the Central Government whose decision thereon shall be final. Rule 8 again 1 prohibits use of emblems and names specified in the Schedule. There are as many as 24 entries (as upto 15.1.2004). It is not necessary to refer to the entries. 6. Likewise, Section 9(2) (b) of the Trade Marks Act, provides that a mark shall not be registered as a trade mark if it contains or comprises of 2 any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India". Section 23 provides for registration of a trade mark. Section 57 provides for cancellation or varying of a trade mark. Sub-section 2 thereof provides that any person aggrieved, inter alia, by any entry in the Register may apply to the Appellate Board or to the Registrar, and the 2 Tribunal may make such order for expunging or varying the entry as it may think fit. 7. As seen above, the petitioners seek to invoke the aforementioned provisions to include name/emblem of Baba Ramdev Pir in his different names by amending the Schedule to the Emblems Act and cancellation of the trade mark showing colourable imitations of his name or emblem. 8. 7. As seen above, the petitioners seek to invoke the aforementioned provisions to include name/emblem of Baba Ramdev Pir in his different names by amending the Schedule to the Emblems Act and cancellation of the trade mark showing colourable imitations of his name or emblem. 8. The point for consideration is whether this Court can issue directions to the above effect in exercise of jurisdiction under Article 226 of the Constitution of India. We have briefly referred to the scheme of Emblems Act. On conjoint reading of Section 8 read with the relevant rules, it is manifest that the power conferred on the Central Government to amend the Schedule-by addition or alteration-is a legislative power, which cannot be performed by this Court. 9. Submission of Shri Rajendra Mehta, learned counsel for the petitioners, was that representations have been filed from different organizations and individuals for inclusion of the name/emblem of Baba Ramdev Pir in the Schedule and the Central Government or its Committee/designated officer are bound to consider the representations. Counsel placed reliance on the words "or any other source" in rule 6 of the Rules and submitted that the proposal for making additions or alterations in the Schedule can be made by any individual/organization apart from the State Government or Local Authority as specifically provided in the rule. 10. In view of the limited submission-counsel for the petitioner submitted that he would be satisfied if a direction to consider the representation of the petitioners is issued to the respondents-it is not necessary to make any observations or comments on merit of the claim or prayer. That is for the Committee, the designated officer and, finally the Central Government to consider and take decision. 11. As regards use of name/emblem of Baba Ramdev Pir as a trade mark under the Trade Marks Act, and cancellation of any trade mark containing his name/emblem, as seen above, Section 9(2)(b) prohibits registration if the mark contains or comprises of any matter likely to hurt the religious feelings of any class or section of the citizens. Section 57 provides that any person aggrieved by any entry made in the register of trade mark can apply to the Appellate Board. Section 57 provides that any person aggrieved by any entry made in the register of trade mark can apply to the Appellate Board. The question as to whether a particular name/emblem of any individual is likely to hurt the religious feeling of any class or section of the people has to be decided at the first instance by the Registrar to Trade Mark. So far as registrations already made are concerned, as mentioned above, under Section 57(2) any person aggrieved by any entry in the Register of trade mark may apply to the Appellate Board or the Registrar, and the Tribunal may make such order for expunging or varying the entry. The petitioners may make suitable representation/appeal to the concerned authorities in accordance with law. 12. In the above premises, the writ petition is disposed of with liberty to the petitioners to file/pursue the representations, and a direction to the Central Government and the Committee/Designated Officer to consider the representation(s) and take an appropriate decision in accordance with law. Similarly, if any application/representation/appeal is filed before the competent Authority under the Trade Marks Act for cancellation of trade mark containing the name/emblem of Baba Ramdev Pir, the same may also be considered and decided in accordance with law.The petition stands disposed of.Petitions disposed of as above. *******