DIVISIONAL COMMISSIONER Vs. D M PREMAKUMARI

JUDGEMENT

(1.) THE Divisional Commissioner and two others are before us challenging the order of the Learned Single Judge dated 5.3.2003 passed in Writ Petition No.10843 of 2000 in this appeal.

(2.) THE respondent-petitioner belongs to Telugu Shetty Community in terms of School Records. She claimed reservation under Category-B. She was selected and appointed under the said category as Primary School Teacher. THEreafter, the Deputy Director of Public Instructions referred the matter to the District Committee for Backward Classes and Minorities for verification and for issuance of necessary Caste Validity Certificate. On reference and on enquiry, the Committee came to a conclusion that the Community ?Telugu Shetty? for which the respondent/petitioner belongs to is classified as Group-D for the purpose of appointment as per Notification dated 13.10.1986. Since the respondent/petitioner comes under Group-D category, an order was passed declining to issue Caste Validity Certificate in the matter. Aggrieved by the order dated 8.4.1996 passed by the Cast Verification Committee, the respondent/petitioner has preferred an appeal before the Divisional Commissioner, Mysore Division, Mysore. THE appeal stood dismissed. THEreafter, the respondent/petitioner has chosen to file a writ petition in W.P.No.10843 of 2000 and the same was allowed by the Learned Single Judge. THE said order is challenged in this appeal.

(3.) SRI. B. Veerappa, Learned Government Advocate, places before us the order of the State Government in the matter of Backward Classes of Citizens under Articles 15(4) and 16(4) of the Constitution of India. The State Government in terms of Notification dated 13.10.1986 has chosen to provide two Annexures for the purpose of Articles 15(4) and 16(4) of the Constitution of India. In so far as Article 15(4) of the Constitution of India is concerned, the Government Notification (Annexure-I) shows that the community Telugu Balija? would come under Group-D Category. The Government has chosen to show the purpose of Article 16(4) by way of Annexure-II. The community ?Telugu Balija? has to be placed in Group-D in terms of Annexure-II of the Notification made available to us. Article 15 of the Constitution of India prohibits discrimination against any citizen on grounds of religion, race, caste, sex or place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to (i) access to shops, public restaurants, hotels and places of public entertainments; or (ii) the use of wells, tanks, bathing ghats, roads and places of public resort .maintained wholly or partly out of State funds or dedicated to the use of the general public. The object of Article 15 is totally different from the object of Article 16 of the Constitution of India. Article 16 specifically provides for equality of opportunity in matters of public employment. Article 16(4) provides for reservation of appointment or posts in favour of any backward class of citizens. The community of respondent/petitioners placed in Group-B Category for the purpose of Article 16 of the Constitution of India. In the circumstances, the learned Single Judge could not have accepted the case of the petitioner only on the basis of the State Government Notification issued under Article 15(4) of the Constitution as mentioned above. Article 15 is not available for employment as the employment is provided under Article 16. They cannot be clubbed for the purpose of employment as held by the Learned Single Judge in terms of his order. In such a situation, the respondent/petitioner would not be eligible for employment under Article 16 of the Constitution of India.