<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->Who decides which community belongs to SC or ST or OBC etc ? Does this fall under center, state or judiciary ?<!--QuoteEnd--><!--QuoteEEnd-->
Rajesh ji, Per my understanding, constitution of India (and therefore parliament with approval from President) decides which community is under which schedule.
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->Article 342 Scheduled Tribes
(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 tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes 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 Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.
http://www.servat.unibe.ch/icl/in00002_.html
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Now, gujjar's are under OBC category. In Rajasthan, only ST is Meena.
There was a commission set up a few years back by Raj govt to study the demands of the gujjars and reality. The commission submitted its report saying gujjars are a) not a tribe, and b) doing much better than meenaa-s and others.
Rajesh ji, Per my understanding, constitution of India (and therefore parliament with approval from President) decides which community is under which schedule.
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->Article 342 Scheduled Tribes
(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 tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes 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 Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.
http://www.servat.unibe.ch/icl/in00002_.html
<!--QuoteEnd--><!--QuoteEEnd-->
Now, gujjar's are under OBC category. In Rajasthan, only ST is Meena.
There was a commission set up a few years back by Raj govt to study the demands of the gujjars and reality. The commission submitted its report saying gujjars are a) not a tribe, and b) doing much better than meenaa-s and others.