KANDRATI SUBBOJI Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) In both the Writ Petitions the challenge is made to the Circular Memo issued by the Government of Andhra Pradesh in N0.1478/J-II/96-1 dated 18-10-1996.

(2.) The question that falls for consideration, is whether the 'Kammara' Tribe as notified by the Presidential Order. 1976 is confined to certain areas or the entire State. The petitioners claim that they are residing in various parts of the Slate and they belong to 'Kammara'. The President issued notification of Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 - Act 108 of 1976 dated 18-9-1976 wherein 'Kammara' was added under Part-1 in respect of Andhra Pradesh as falling under Schedule Tribe. Therefore, since the petitioners belong to 'Kammara', they are entitled to be treated as Scheduled Tribe and hence the action of the authorities in not recognising them as Scheduled Tribe is wholly illegal and arbitrary and they seek appropriate direction to the Respondents to issue the Scheduled Tribe Certificates.

(3.) In the counter filed on behalf of the Respondents, it is staled that 'Kammara' Caste is different from 'Kammara" Tribe. The petitioners belong to 'Kammara' caste and therefore they cannot be treated as Scheduled Tribe under 'Kammara' tribe category. It is also stated that 'Kammara' is a Blacksmith, a section of Kamsala caste which is in many respects similar to Brahmin caste in observing the rituals. It is a telugu casle of Blacksmith found throughout the plain areas of the State. It is one of the sub-division in Viswa Brahmin casle which consists of Kamsali, Kanchari or Musari, Vadrangi or Vadla, Kammari or Kammara and Silpi etc. they are notified as socially and educationally backward classes by the Government of Andhra Pradesh in G.O.Ms.No.1793 (Education Department) dated 23-9-1970 under Group-B at SI.No.27. In view of this they cannot be treated as a 'Kammara' Scheduled Tribe. It is also further slated that even if such a Scheduled Tribe Certificate is issued they are invalid and it would amount to playing fraud and that it would not operate as an Estoppel. The officials in various districts have been seeking clarification about the 'Kammaras' as it was figuring in 'Kamara' caste which falls in B.C. category and 'Kammara' tribe falling under Scheduled Tribe. Similar doubts also brought to the notice of Government about 'Konda Kapu'. The Government considered the matter and issued various guidelines in G.O.Ms.No.245, dated 30-6-1977. It is staled that there are some Tribes whose appellations are similar to that of some non-tribal groups inhabiting the plain areas of the State. This semantic resemblance in the nomenclature of some Scheduled Tribes and non-tribal groups have been causing confusion to the certifying officers and as a consequence certifying officers were issuing Scheduled Tribe community certificates to the persons belonging to non-tribal group with names similar to those of similar Scheduled Tribes. This wrong certification gave undeserved statutory benefits to the candidates thereby denying the said benefit to the rightful persons. There were number of complaints by the Scheduled Tribes and also their associations. It is further stated thai the Tribal Cultural Research and Training Institute examined this issue and it was found that 'Kammara' as "Hill Tribes" under the Agency Tracts Interests and Land Transfer Act, 1917 as Backward tribe under The Government of India Act, 1935 as "Aboriginal Tribe" in the list of Aboriginal tribes issued by the Government of Madras and as Scheduled Tribes under the Conslitution (Scheduled Tribes) Order, 1950. It was submitted that Kammara finds place in Ihe list of Scheduled Tribe under Conslitution (Scheduled Tribes) Order, 1950. Prior to lhat, name of 'Kammara' also finds place in the list of "Aboriginal Tribe" issued under the Government of India Act, 1935. It also find place in the list of "Hills Tribe" issued under the Agency Tracts Interest and Land Transfer Act, 1917. Even in G.O.Ms.No.187, Home (Judicial) dated 22-1-1918 issued by the erstwhile Government of Madras under the Agency Tracts Interest and Land Transfer Act, 1917 'Kammara' found its place in the list of Hill tribes in the agency tracts of the then Godavari Districts. It was also included in the list of Hill Tribes in the agency of Vizianagaram district. In the list of Backward tribes issued under 13th Schedule to the Government of India (Provincial Legislative Assembly) Order, 1936 'Kammara' found its place in its backward tribes. In 1930, the list of Aboriginal tribes was issued by the then Government of Madras and it was notified as Aboriginal tribe in the agency tracts of Visakhapatnam and West Godavari districts. Therefore, it is stated that the name of 'Kammara' which finds its place in the list of Scheduled Tribes only referable tribal only, and not a caste. Originally, this tribe was confined to Agency tracts of Srikakulam, Vizianagaram, Vishakapatnam, East Godavari and West Godavari Districts and this was also noted by the Census Department. According to 1961 Census, the entire population of 'Kammara' tribe was 24.269. This 'Kammara' tribe is a quite different and distinguishable ethinic group with the Social and Cultural institutions from the non-tribal group with similar name. The 'Kammara' caste is different from 'Kammara' Tribe. The 'Kammara' caste was notified as backward class. Therefore, after careful consideration of the Report of the Tribal Welfare Department, Government issued Memo dated 18-10-1986. It is further reiterated that the order relates to 'Kammara' tribe in certain parts of the country and not in the entire Slate. Therefore, the Government submits that the petitioners cannot claim Scheduled Tribe status under 'Kammara'.