JUDGMENT By the Court.—Sri B.L. Yadav, learned Counsel for appellant and learned Standing Counsel for the respondents. 2. This special appeal has been preferred against the judgment and order passed by the learned Single Judge dated 29th April, 2008 dismissing the writ petition filed by the appellant. The writ petition was directed against the order passed by the Senior Superintendent, Divisional/District Jail, Gorakhpur dated 9th April, 2008 terminating/cancelling the appointment of the appellant as Bandi Rakshak. 3. Brief facts necessary for deciding the special appeal are that in response to the advertisement dated 14th May, 2003, for filling up the backlog vacancies belonging to the Scheduled Caste category, petitioner-appellant made an application claiming himself to be a member of Scheduled Caste category. On the basis of caste certificate submitted by the appellant, he was selected as Bandi Rakshak on 31st July, 2003. The caste certificates, which were submitted by the appellant and other selected candidates were sent for verification to the respective districts and Tehsils from where such caste certificates were obtained. Report was submitted by the Tehsildar Sadar, Gorakhpur on 7th January, 2008 to the effect that the caste certificate submitted by the petitioner was never issued by the Tehsil-authority. Thereafter a show-cause notice dated 15th January, 2006 was issued to the petitioner calling for his explanation. The appellant submitted his reply stating that the caste certificate was issued by the Tehsildar concerned on 4th July, 1989, therefore, re-verification be made. The papers were again forwarded to the Tehsildar concerned for re-verification, he submitted his report on 7th March, 2008 recording that such certificate (as claimed by the appellant) was never issued by his office on 4th July, 1989. Thereafter appellant was called for personally on 7th April, 2008. Not being satisfied with the reply submitted by the appellant qua the validity of the caste certificate dated 4th July, 1989, the Senior Superintendent, Divisional/District Jail, Gorakhpur vide order dated 9th April, 2008 has cancelled the appointment of the petitioner-appellant. This order was challenged before this Court by means of writ petition No. 21499 of 2008. The learned Single Judge has recorded that the appellant having been failed to prove that he belongs to Scheduled Caste Category and since the caste certificate submitted by the petitioner was found forged, no error has been committed in cancelling the appointment of the petitioner. 4. The learned Single Judge has recorded that the appellant having been failed to prove that he belongs to Scheduled Caste Category and since the caste certificate submitted by the petitioner was found forged, no error has been committed in cancelling the appointment of the petitioner. 4. Learned Counsel for the petitioner-appellant questioning the order of Hon’ble Single Judge contends that State Government has issued a notification dated 31st March, 1986, in which caste ‘Gond’ is included in the list of Scheduled Caste. On the strength of said notification, the appellant was issued the caste certificate. He further contends that procedure for cancelling the caste certificate has not been followed. He has placed reliance upon the judgment of the Hon’ble Supreme Court of India in the case of Kumari Madhuri Patil and another v. Addl. Commissioner, Tribal Development and others, (1994) 6 SCC 241 . 5. We have considered the submissions made by the learned Counsel for the parties and have perused the records. 6. It is not in dispute that the caste certificate which was submitted by the petitioner-appellant for his being a Scheduled Caste category candidate dated 4th July, 1989, (brought on record as Annexure-1 to the writ petition), has not been verified by the Tehsildar, Sadar, Gorakhpur. His report records that no such certificate was ever issued by the Tehsil-authority in favour of the appellant. After receiving the report, an opportunity was afforded to the petitioner to prove that the caste certificate submitted by him was genuine. Petitioner could not prove the authenticity of such certificate. The respondents, therefore, did not commit any error in coming to the conclusion that the certificate submitted by the appellant was forged and hence rightly set aside his selection/appointment. 7. The learned Counsel for the appellant has vehementally argued that the caste ‘Gond’ is included in the list of Scheduled Caste as per the notification dated 31st March, 1986 issued by the State Government. 8. Suffice is to point out in the facts of the case that the caste certificate which was submitted by the appellant has been found to be forged, it is, therefore, not necessary for this Court to express any opinion on the aforesaid contention. However, in view of the fact that the appellant has pressed his submission, we proceeded to consider the same also. 9. However, in view of the fact that the appellant has pressed his submission, we proceeded to consider the same also. 9. Article 341 of the Constitution of India provides for various castes, races, tribes, to be treated as Scheduled Caste in relation to a State and reads as follows : “341. Scheduled Castes.—(1) The president [may with respect to any State [or Union Territory], and where it is a State, after consultation with the Governor thereof], by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State [or Union Territory, as the case may be]. (2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification." 10. According to the constitutional provision, it is the power of the President to issue the notification after consultation with the Governor of the State, specifying the castes, races or tribes, which shall for the purposes of the constitution be deemed to be Scheduled Caste in relation to the State concerned. Thereafter it is the power of the Parliament to include or exclude from the list of Scheduled Castes specified in a notification. The bare reading of Article 341 of the Constitution indicates that State Government has no power to amend the Scheduled Castes list by a notification as claimed in the facts of the present case vide notification dated 31st March, 1986. 11. In E.V. Chenniah v. State of Andhra Pradesh, 2004 AIR SCW 6419, the Apex Court examined a similar issue and held as under : “Article 341 which is found in Part XVI of the Constitution refers to special provisions relating to certain classes which includes the Scheduled Castes. 11. In E.V. Chenniah v. State of Andhra Pradesh, 2004 AIR SCW 6419, the Apex Court examined a similar issue and held as under : “Article 341 which is found in Part XVI of the Constitution refers to special provisions relating to certain classes which includes the Scheduled Castes. This Article provides that the President may with respect to any State or Union Territory after consultation with the Governor thereof by Public Notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union Territory. This indicates that there can be only one List of Scheduled Caste in regard to a State and that List should include all specified castes, races or tribes or part or groups notified in that Presidential List. Any inclusion or exclusion from the said list can only be done by the Parliament under Article 341 (2) of the Constitution of India. In the entire Constitution wherever reference has been made to “Scheduled Castes” it refers only to the list prepared by the President under Article 341 and there is no reference to any sub-classification or division in the said list except, may be, for the limited purpose of Article 330, which refers to reservation of seats for Scheduled Castes in the House of People, which is not applicable to the facts of this case. It is also clear from the above Article 341 that except for a limited power of making an exclusion or inclusion in the list by an Act of Parliament there is no provision either to sub-divide, sub-classify or sub-group these castes which are found in the Presidential List of Scheduled Castes. ……………………… This part of the Constituent Assembly Debate coupled with the fact that Article 341 makes it clear that the State Legislature or its executive has no power of “disturbing” (term used by Dr. Ambedkar) the Presidential List of Scheduled Castes for the State. ………………………………… Therefore any executive action or legislative enactment of the State which interferes, disturbs, re-arranges, re-groups or re-classifies the various castes found in the Presidential List will be violative of scheme of the Constitution and will be violative of Article 341 of the Constitution.” 12. Ambedkar) the Presidential List of Scheduled Castes for the State. ………………………………… Therefore any executive action or legislative enactment of the State which interferes, disturbs, re-arranges, re-groups or re-classifies the various castes found in the Presidential List will be violative of scheme of the Constitution and will be violative of Article 341 of the Constitution.” 12. The Division Bench of this Court in the case of Vijay Prakash v. State of U.P. and others, passed in Special Appeal No. 89 of 2005 decided on 4th February, 2005, has held that the State Government has no power to include or exclude any Caste from the list of Scheduled Castes notified under Article 341 of the Constitution. The Division Bench has held as follows : “The scheme of the Constitution makes it clear that the persons only who had been included under the aforesaid Orders, Constitution (Scheduled Tribes) Order, 1950 and Constitution (Scheduled Tribes) Order, 1950, are entitled to the benefit and privileges available for Scheduled Caste and Scheduled Tribes, and it is the parliament of India alone which is competent to amend the said Orders, following the procedure prescribed in Articles 341 and 342 of the Constitution. Once the President of India issued the Scheduled Castes/Scheduled Tribes order in relation to a State in exercise of the powers under Articles 341 (1) and 342 (1) of the Constitution, even the President cannot include or exclude any caste in that order. It is the Parliament alone which can amend the said order by law. The Courts are also devoid of any power to include or exclude, to vary or substitute or declare any person to a Scheduled Caste or Scheduled Tribes. The purpose of enacting the provisions of Articles 341 and 342 seems to be uplifting certain classes of the society who have been depressed, oppressed and suffered from backwardness in all walk of life.” 13. Thus the notification issued by the State Government dated 31st March, 1986 does not help the petitioner-appellant. 14. So far as the judgment of the Hon’ble Supreme Court in the case of Kumari Madhuri Patil (supra) is concerned, it may be noticed that the said case deals with the procedure for issuance of a certificate of Scheduled Caste or Other Backward Class category to be submitted for admission. The said judgment does not help the appellant. 15. 14. So far as the judgment of the Hon’ble Supreme Court in the case of Kumari Madhuri Patil (supra) is concerned, it may be noticed that the said case deals with the procedure for issuance of a certificate of Scheduled Caste or Other Backward Class category to be submitted for admission. The said judgment does not help the appellant. 15. It is also pertinent to mention that under the provisions of U.P. Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 in Definition clause (b), it is provided that other backward classes of citizens means the backward classes citizens specified in Schedule to the Act of 1994. The State may amend Schedule-I of 1994, Act by exercising the power under sub-section (2)(b) of Act, 1994 but it does not empower the State to issue notification with regard to the Scheduled Castes. Hence there is no power with the State Government to amend the list of Scheduled Castes exercising any power under Act, 1994. 16. In view of the aforesaid, there is no illegality or infirmity in the judgment and order passed by the learned Single Judge. 17. The special appeal lacks merit and is accordingly dismissed. ————