JUDGMENT M. Katju and R.S. Tripathi, JJ.
1. Heard learned Counsel for the petitioner and learned Standing Counsel.
2. The facts of this case are fully covered by the Division Bench decision of this Court in Ram Bhrosey Lal v. State of U.P. and Ors., 2000(93) R.D. 659.
3. As observed in the above decision, the persons, who can participate in the public auction/tender for grant of fishery lease or any other kind of lease, cannot be confined to only members or societies or group of particular castes e.g. Kewat, Mallah, Dheemar etc.
4. Learned Counsel for the petitioner stated that the petitioner is Lohar by caste and respondents intend to give the fishery lease only to the people of Machhuwara caste. In our opinion, that would be violative of Articles 14 and 19(1)(g) of the Constitution. Ours is a free, Democratic Country and any person can do any kind of trade or business and not trade or business can be allowed to be given to any particular caste or group of particular castes as that would not only be violative of Articles 14 and 19(1)(g) of the Constitution but would also perpetuate the caste system which is a curse to out society because of which the country is unable to progress. Hence every one of any caste may be allowed to bid in the auction or tender in question.
5. This petition is accordingly allowed and respondents are directed to allow all persons to bid in the auction in question irrespective of their caste or religion.