ANDHRA PRADESH STATE BACKWARD CLASS WELFARE ASSOCIATION REGISTERED AND Vs. STATE OF ANDHRA PRADESH BACKWARD CLASSES WELFARE P 2 DEPARTMENT

JUDGEMENT

(1.) In this batch of writ petitions, the validity of G.O.Ms, No. 30, Backward Classes Welfare (P-2) Department, dated 25-8-1994 is the subject-matter of challenge. The G.O. declared for '14' communities the status of 'other Backward Classes' for the purpose of reservation under Articles 15(4) and 16(4) of the Constitution,

(2.) Before entering into the controversies arid respective contentions, we may usefully trace the background in the matter of reservations: As per the scheme of our Constitution, there shall not be any discrimination on grounds of religion, race, caste, sex and place of birth in the fields of education and employment. However, Articles 15(4) and 16(4) are two facets envisaging reservation to the classes of citizens socially and educationally backward. In so far as the State of Andhra Pradesh is concerned, it was originally formed part of the Composite Madras State, besides that of the State of Hyderabad. With the formation of the Andhra Pradesh on 1-10-1953, a list of Backward Classes as was existing in the Composite Madras State was adopted with slight modifications. Again on 1-11-1956 in the wake of formation of the State of Andhra Pradesh, including Telan-gana Area, the list that was existing with the State of Hyderabad was continued, thereby maintaining two lists -- One for Andhra area and the other for Telangana area.

(3.) The President of India appointed a Backward Classes Commission in January, 1953 viz., Kaka Khelkar Commission, to determine the criteria to be. adopted for treating any section of the people, other than Scheduled Castes and Scheduled Tribes, as socially and educationally Backward Classes. The said Commission was also to draw up a list of such classes on the basis of the criteria laid down by it. On submission of the report of the Commission, the Central Government found certain tests applied by the Commission to be vague, and therefore directed different State Governments to choose their own criteria for defining backwardness.