2011 INSC 0112
                        SUPREME COURT OF INDIA

                        Centre, Public Interest Litigation

                        Vs.

                        Union of India (UOI)

(S.H.Kapadia, C.J.,K.S.Panicker Radhakrishnan and Swatanter Kumar JJ.)

                        21.01.2011

                        ORDER

1. On oral application made by Mr. Prashant Bhushan, learned Counsel for the
Petitioners, National Commission for Minorities and National Commission for
Scheduled Castes are to be added as party Respondents since for following
constitutional issues are arising:

[1] Whether Paragraph (3) of the Constitution (Scheduled Castes) Order,
1950 issued in exercise of Article 341(1) of the Constitution of India, which
says that "Notwithstanding anything contained in paragraph 2, no person
who professes a religion different from Hinduism, Sikhism and Buddhism
shall be deemed to be a member of a Scheduled Caste" is unconstitutional
and void, being violative of Articles 14, 15, 16 and 25 of the Constitution of
India?

[2] Whether a Scheduled Caste professing a religion different from
Hinduism, Sikhism and Buddhism can be deprived of the benefit of
Paragraph 3 of the Constitution (Scheduled Castes) Order, 1950, in violation
of Articles 14, 15, 16 and 25 of the Constitution of India? [3] Whether non-
inclusion of "Christians" and "Muslims' in Paragraph (3) of the Constitution
(Scheduled Castes) Order, 1950, along with Hinduism, Sikhism and
Buddhism, is discriminatory and violative of Articles 14, 15, 16 and 25 of
the Constitution of India?

2. Let notice be issued to the newly added Respondents.

3. Notice to newly added parties be served via Dasti.

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4. Since very important constitutional issues are arising in these cases, we request
Shri T.R. Andhyarujina, learned senior counsel, to assist the Court as amicus.
Copies of the Paper Books and other compilation in the main matter be given to
Shri T.R. Andhyarujina.

5. Place these matters for final disposal on 24th February, 2011, subject to over-
night part-heard.

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