K L KARIBEERAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Constitution (Scheduled Tribes) Order, 1950, issued under Art. 342(1) of the Constitution of India declared that "Kurumans" throughout the State of Tamil Nadu except Kanya Kumari District and Shencottah taluk of Tirunelveli district and "Kurumbas" in Nilgiris District shall be deemed to be Scheduled Tribes. There was no change in the position when the Constitution (Scheduled Tribes) Modification Order, 1956 was issued. The Parliament passed the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976. Part XIV of the Second Schedule related to Tamil Nadu. Serial No. 17 mentioned "Kurumbas (in the Nilgiris district)" while Serial No. 18 mentioned "Kurumans". There was no exclusion of Kanyakumari District and Shencottach Taluk of Tirunelveli District. Thus, "Kurumans" throughout the State of Tamil Nadu and "Kurumbas" in the Nilgiris District were declared Scheduled Tribes by the said enactment.

(2.) Several representations were made by the Kurumans Welfare Association, Madras, that "Kurumans", Kurumba" or "Kurumban" are one and the same community and the Revenue Authorities of the North Arcot District had been issuing community certificates to them as "Kurumans", which were utilised for the purposes of getting employment by them. It was also represented that some other people had misrepresented to the revenue authorities that there was no such community as "Kurumans" in North Arcot District, with the result, the certificates issued earlier were being cancelled and further recruitment on the basis of such certificates was also not made. The Government considered the representations in consultation with the Collector of North Arcot District and accepted the report of the Collector that "Kurumans", "Kurumban" and "Kurumba" were only names of the same community. On that footing the State Government passed G.O. No. 388, Social Welfare Department, dated 6-5-1977 declaring the acceptance of the recommendation of the Collector of North Arcot District. The G.O. also cautioned all the Collectors and the Heads of Departments that "Kurumba" is one of the backward classes recognised throughout the State of Tamil Nadu and that there is every possibility of backward class community people availing of the reservation in public services and other benefits intended for the Scheduled Tribes, depriving the legitimate opportunities of the Scheduled Tribes. With a view to avoid any possible misuse, the G.O. directed issue of instructions to the authorities that while issuing community certificates as "Kurumans" to the persons belonging to North Arcot District and persons living in other areas of the State, they should personally satisfy themselves by making detailed enquiries regarding the bona fides of the claimants.

(3.) The validity of the Government Order was challenged in a writ petition filed, by Dr. Ambedkar Social Welfare Association, Thirupathur, North Arcot District. This Court granted stay of operation of the G.O. for a period of two months. The Government of India, Ministry of Home Affairs, New Delhi informed the State Government that the lists of Scheduled Castes and Scheduled Tribes were issued by a Presidential Order and that only the Government of India was competent to issue any clarification of the sort referred to above and directed the State Government that the G. O. may be withdrawn. The State Government examined the matter in consultation with the Law Department and cancelled G.O.Ms. No. 388 by G.O. Ms. No. 748, Social Welfare Department, dated 27-10-1977. The writ petition challenging the earlier G.O. was dismissed as infructuous.