PADUTHOTA RAMACHANDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) an interesting question as to the ambit of Article 341 of the constitution of India and the powers of the state government and the central government to identify equivalent or synonymous castes, races or tribes set out in the presidential Order falls for determination in these appeals preferred to challenge the legality of Order dated november 12, 1990, delivered by learned single judge in writ petition No. 8234 of 1983 filed under Article 226 of the constitution. The facts which gave rise to filing of this petition are not in dispute and are required to be briefly set out to appreciate the controversy in these two appeals.

(2.) Article 341(1) prescribes that the president may, in respect of a state, in consultation with the governor, by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of the constitution be deemed to be scheduled castes in relation to the state. Article 366(24) defines that the expression "scheduled castes" means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under Article 341 to be scheduled castes. The president of India issued the constitution (scheduled castes) Order, 1950, in exercise of powers under Article 341 and part viii of the schedule appended to that Order relates to state of karnataka. Item No. 3 of part viii relates to kanara district and 'kotegar' or 'metri' castes residing in kanara district are declared as 'scheduled caste'. The parliament passed enactment known as the scheduled castes and scheduled tribes orders (Amendment) Act, 1976' and this legislation was passed under the provisions of Article 341(2) of the constitution. Article 341(2) entitles the parliament by law to include or exclude from the list of scheduled castes issued by the president, any caste, race or tribe. The sub-article provides that save and except the legislation passed by parliament, a notification issued by the president under Article 341(1) of the constitution shall not be varied. The Amendment Act passed by the parliament did not disturb the presidential Order in regard to the declaration of kotegar or metri caste residing in kanara district as scheduled caste.

(3.) on november 29, 1977, the government of karnataka, social welfare and labour department issued a circular containing instructions regarding issue of caste certificates to members of scheduled castes and scheduled tribes. After setting out the modality of issuing certificates, the circular sets out that the concerned officer should issue caste certificate to members of equivalent name in vogue and which are set out in the Annexure to the circular. The Annexure to the circular sets out equivalent names of scheduled castes and scheduled tribes and item No. 5 sets out that 'kote-kshatriya, kotegara, kotegar' are the equivalents of 'kotegar or metri' residing in kanara district which are declared as scheduled castes under the presidential order. In pursuance of the circular, the authority issued caste certificates to members of kote-kshatriya, kotegara and kotegar residing in the state of Karnataka and the holders of the caste certificates become entitled to the benefits conferred under articles 15(4) and 16(4) of the constitution. In exercise of powers under articles 15(4) and 16(4) of the constitution, the government of Karnataka had issued orders from time to time to provide for special benefits for advancement of socially and educationally backward-classes in public employment and admission to medical and engineering colleges. On the strength of caste certificates, members of communities, which were treated as equivalents secured admission in educational institutions and in public employment. The government of India by letter dated 31st december, 1977, informed the government of Karnataka that question of synonymous of certain scheduled castes and scheduled tribes is under consideration of the central government and the progress will be intimated to the state government in due course. The letter, inter alia, recites that the action of the state government in directing issuance of the caste certificates on the strength of affidavit/declaration was not proper and suitable instructions should be issued in that respect. The government of Karnataka thereupon issued circular dated 20th april, 1978, withdrawing with immediate effect the original circular dated 29th november, 1977, setting out the equivalents or synonyms of scheduled castes and scheduled tribes. The state government was also desirous to take consequential action against the members of equivalent sub-caste, who have secured admissions to educational institutions and public employment. The action proposed by the state government was to revoke the appointments and launch prosecution against those who have secured caste certificates in pursuance of circular dated 29th november, 1977. The threatened action of the state government gave rise to filing of writ petition on behalf of association of the members belonging to kotegar caste.