M NARAYANAPPA Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) The direction of this court to link this writ petition with two Civils is recalled and the matters are delinked.

(2.) The point of dispute raised in this writ petition is in regard to the Presidential Order under Article 342 (1 of the Constitution notifying the "maaleru" community in the State of Karnataka as a Scheduled Tribe. It appears that there is also another community by the name "maaleru" members whereof also claim the benefit of the Presidential Order. While the petitioner contends that there is only one community and it is being differently described, the State has taken the stand that they constitute two separate communities and while members of one community are included in the Presidential Order, the others are not. On the basis of this stand adopted by the State some employees of the State government who have earlier been given benefit of reservation are being proceeded against departmentally. Some criminal prosecutions have also been launched. On 23/1/1986, Karnataka government came forward with an order, the relevant portion of which reads thus:

(3.) The view expressed in the government order obviously is that the matter has to be examined and appropriate recommendations have to be made to the central government and until the investigation is made and appropriate action as envisaged in para 4 of the government order is taken, we see no justification for continuing the criminal proceedings or departmental action. We direct the State of Karnataka to withdraw all such proceedings - criminal or departmental - and expedite the process contemplated in their own order. Only when a positive conclusion is reached, depending upon the exigencies of the situation the government may take such action as they consider appropriate. In that view of the matter without affecting the two appeals which are pending before this court, we direct that action as indicated above be taken by the Karnataka government within four months hence. There shall be no order as to costs.