P MALLIKHARJUNADEV Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The ten petitioners claiming to be Beda (Budaga) Jangamcommunity seek to declare the proceedings bearing No. RC. C5/9974/84 dated June 9, 1985 of the District Collector, Nellore holding that the petitioners are not Scheduled Caste within the meaning of Scheduled Castes and Scheduled Tribes (Mod ification) Order 1950 as amended by Scheduled Castes & Scheduled Tribes (Amendment) Act, 1976, to be null and void, offending their fundamental right guaranteed under Articles 14, 16 and 21 of the Constitution of India. The basis thereof is that all the petitioners are Beda (Budaga) Jangam Caste, which was recognised as a Scheduled Caste under the Scheduled Castes & Scheduled Tribes (Amendment) Act 1976; they have applied to the District Collector for grant of social status certificates as Scheduled Caste: Beda 'Budaga) and Mala Jangam communities are generally called Jangarna or Jangalu; they are gurus and spiritual heads of Malas; they offici ate death ceremonies in the houses of Malas; they are also non-vegetarians; most of them eke out their livelihood by officiating death ceremonies and by reciting puranic stories, etc., to the psople; when people like Sri P. Chandrasekhar and others obtained social status certificate as Scheduled Caste from the Tahsildar, Nellore, the Director of Social Welfare, Government of Andhra Pradesh instituted an enquiry into their social status and pursuant thereto, the District Collector, Nellore conducted an enquiry and found that Chandrasekhar belongs to Beda or Budaga Jangam, by his report dated December 10, 1982; subsequently the Government appointed one Sri T. Munivenkatappa, IAS, Commissioner of Social Welfare to conduct a de novo enquiry in regard to the social status of Bedn (Budaga) Jangam people who conducted the enquiry behind the back of Chandrasekhar; thereafter, based on his report the Government issued G.O. Ms. No. 51, Social Welfare, dated March 20, 1984 cancelling the social status certificate of Sri Chandrasekhara Lingam; the Government further issued Memo. No. 543/J2/84 dt. April 3,1984 directing the Social Welfare authorities lo cancel the social status certificates issued to Jangams as belonging to Beda (Budaga) Jangam community; in W.P. No. 7356/84, Sri Chandrasekhar questioned the validity of G.O. Ms. No. 51 dated March 20, 1984 and in another W.P. No. 10302/84, the Memo No. 543 dated April 3, 1984 was also questioned; a Division Bench of this Court in Chandrasekhara Lingam vs. Government of Indic #1 set aside the cancellation of the social status certificate of Chandrasekhara Lingam and the Government Memo holding that it is violative of the principles of natural justice and directed a judicial enquiry to be conducted in that regard; on appeal, the Suprem; Court in State of A.P. vs. N Chandrusekhara #2 confirmed the same with modification, but subsequently the Government issued guidelines in G.O.Ms. No. 286, Social Welfare, dt. November 28, 1986 for the issue of social status certificates and the procedure to be followed thereunder. Despite the petitioners' applying to issue social status certificates for admission into educational institutions, the District Collector did not issue the same; W.P. No. 2924/85 was filed to citect-the District Collector, Nellore to consider the applications of the petitioners lor issuance ot the social status certificates; this Court by order dated April 5, 1985 directed the Collector to conduct an enquiry and to find whether the petitioners belong to Scheduled Caste and if so to issue the certificates; but contrary to the judgments of this Court and the Supreme Court and directions issued by the Government, the District Collector refused to grant social status certificates which offends their right to social status under Articles 14, 16 and 21 of the Constitution.

(2.) Sri Venkata Reddy, their learned counsel has contended that fromthe decisions rendered by this Court and the guidelines issued by the Government, the determination of the social status of the petitioners should be made on the basis of the prevailing circumstances obtained among the community of Beda (Budaga) Jangam; in Telangana region prior to the Amendment Act, Beda (Budaga) Jangam is a Scheduled Caste and after the Amendment Act, it was extended to Andhra region; all the petitioners belong to Beda (Budyga) Jangam though loosely called Jangams in Nellore and Prakasam Districts; their social customs clearly show there are three distinct categories Beda, Budaga or Mala Jangam all of which are compen diously called Jangams; their avocation is officiating death ceremonies of the Scheduled Castes and others. The Government have issued revised guidelines after the judgment of the Supreme Court; though Beda (Budaga) Jangams themselves practise untouchability as against Scheduled Castes, it is not a ground to hold that they are not Scheduled Castes; there are several etimological castes which do not intermingle but all of them are described as Scheduled Castes; the Collector has committed manifest error in adopting wrong criteria disclosed from the order viz., whether the petitioners have suffered any disability on account of untouchability like others and that criteria is not a valid criteria. He also further contends that the Collector has taken extraneous considerations in deciding these factors vitiating the decision taken by the Collector and the petitioners are Scheduled Castes.

(3.) The question, therefore, is whether the petitioners are ScheduledCastes, (Beda (Budaga) Jangam) and as such are entitled to issuance of the certificates as sought for; and whether the District Collector Nellore has committed any manifest error in determining the social status of the petitioners as not belonging to Scheduled Castes.