P SESHAGIRIYAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This matter coming up for further orders, it is taken up for final disposal in view of the fact that it is covered by a decision of the Supreme Court and also there is some degree of urgency for the petitioner to get the required caste certificate. Petitioner has averred that he belongs to the community known as "Bhovi". He has asserted that the said caste has been declared as Scheduled Caste by the Government of India by Act No. 108 of 1976 with effect from 27-7-1977. The above mentioned Act has been extended to the entire State of Karnataka. He has also asserted that throughout his educational career his school records show him and the members of his family to belong to Bhovi caste. He made an application to the 2nd respondent-Tahsildar, Thirthahalli Taluk, Thirthahalli, Shimoga District of Karnataka State for grant of a caste certificate on behalf of his minor children viz., (1) Sukanya, aged about 16 years, (2) Suchitra, aged about 14 years and (3) Sudarshana, aged about 13 years studying in S.S.L.C., VIII Standard and VII Standard respectively. He has also stated that one on his sons Sorendra is Studying in VIII Standard at Giri Jyothi Convent School in Kudremukh and his caste has been shown as Scheduled Caste in the transfer certificate. The application so made, the Tahsildar on 20-7-1988 has rejected the application, a xerox copy of which is produced as Annexure-D. The operative portion of the order freely translated into English will read as follows:

(2.) This problem thus crops up often on account of ignorance of the Officers who are required to certify. The Supreme Court generally in this regard and particularly in regard to the Bhovi caste considered this question which arose for consideration in the case of B. BASAVALINGAPPA v. D. MUNICHINNAPPA AND ORS., AIR1965 SC 1269 , [1965 ]1 SCR316 . A Constitution Bench of the Supreme Court discussed in detail with particular reference to Voddars, Bhovis and Bovis. It is useful to extract paragraphs 8, 9 and a portion of paragraph 10 as reported in the AH India Reporter and it will make the position clear: "Let us then turn to the evidence which has been given in this case to prove that it was Voddar caste which was meant by the word "Bhovi" included in the order. In this connection reliance has been placed on a communication made to the then Government of Mysore as far back as 1944 on behalf of Voddar caste and the order of the then Government of Mysore in February 1946. It seems that a resolution was passed by the Voddar caste at a conference in July 1944 in which it was resolved that the name of that caste be changed from Voddar to Boyi. This resolution was processed in the Secretariat. Eventually an order was passed on February 2, 1946 in these terms:

(3.) From the above, it is clear that spelling difference in the English language cannot determine the caste factor merely because one chooses to spell a particular community in a particular way. Whether the word 'Bhovi' is spelt as Bhovi or Bovi or Boyi or Boiee, they all mean the same a caste or community which by and large make a living out of stone masonry or stone quarrying in this part of the Country. Added to this, the petitioner's son had already been certified by another Tahsildar in Kudremukh area as belonging to Scheduled Caste.