K YADAV Vs. SYNDICATE BANK

JUDGEMENT

(1.) Common question involved is as to whether petitioners who undisputedly belong to 'Kotegar' community are of Scheduled caste within the meaning of the Scheduled Castes and Scheduled Tribes (Amendment) Act, 1976 (hereinafter referred to as the 'Act') or not

(2.) Petitioners secured certain promotions, after they were permitted to take promotional examinations, as persons belonging to Scheduled Caste. But, subsequently visited with reversion to their original cadre as Clerks, since Bank in which they are working is of the opinion that they do not belong to Scheduled Caste. Letter dt. 19th Nov. 1981 emanated from the Ministry of Home Affairs, Government of India, New Delhi, which reads thus :-

(3.) In view of the position explained above it may be mentioned that only persons belonging to Kotegar, Metri community are entitled to enjoy all the benefits as admissible to other Scheduled Castes in the State of Karnataka and persons belonging to Kotegar community are not (repeat not) entitled to enjoy any benefit as Scheduled Castes on the ground that Kotegar community has been recognised as Backward Class community as per the orders of the State Government of Karnataka. appears to have given rise to this controversy. 3. Contents of letter, extracted above, give a complete history as to how 'Kotegar' community which was treated as Backward Caste in major parts of the State of Karnataka, has been subsequently treated as Scheduled Caste in entire State of Karnataka. Item No. 55 of Part VII of Schedule annexed to the Act mentions 'Kotegar, Metri' as one of the Scheduled Caste in the State of Karnataka.