BRAHMAIAH Vs. DIST TRIBAL WELFARE OFFICER NIZAMABAD

JUDGEMENT

(1.) Petitioner is a resident of Vailpoor village in Bheemgal Taluk, in Nizamabad District. He says, he belongs to 'Kammara' (Blacksmith) community. His forefathers and ancestors all belonged to the same place. After passing his Intermediate examination he applied for the post of Junior Clerk in ' Sri Rama Gra- meena Bank", Nizamabad, While applying for the said post he claimed to be a member of a Scheduled Tribe, "Kammara". In support of his claim he enclosed a certificate issued by the Tahsildar, Armoor, Nizamabad District, certifying that the petitioner belongs to "Kammara community of Scheduled Tribe as per the instructions contained in G. O. Ms. No. 147, Social Welfare (E) Department, dated 27-4-77, and the Director of Tribal Welfare, Andhra Pradesh, Hyderabad letter No 15396/77/H-3 dated -12-77". He appeared for the written test, and was also called for interview. The petitioner says, he was selected and his name was displayed on the Notice Board of the Bank but, before appointing him the Bank called upon him to produce all his certificates in original in support of his claim that he belongs to a Scheduled Tribe. The petitioner says, he produced the original certificates before the Bank, but it is evident that the Bank was not satisfied therewith, and addressed a letter dated 25-8-1985 to the Mandal Revenue Officer who, in turn, referred the matter to the Tribal Welfare Officer, Nizamabad. Later, the Bank informed the petitioner by its letter dated 13-2-1986 that, according to the report of the District Tribal Welfare Officer, he does not belong to ''Kammara" Scheduled Tribe, and hence he cannot be appointed in the quota reserved for that category. All this happened in the years 1985/1986. As soon as the petitioner received the Bank's letter dated 13-2-1986 he approached this Court by way of this writ petition on 27-2-1986. The prayer in the writ petition is to issue an appropriate writ, order, or direction, especially one in ths nature of mandamus, directing the 2nd respondent-Bank to appoint the petitioner as a Junior Clerk on the basis of the Community Certificate issued by the Tahsildar, Armoor, and confirmed by the Mandal Revenue Officer, Vaiipoor. A further direction is asked to the 2nd respondent- Bank not to take into consideration the report of the District Tribal Welfare Officer, Nizamabad.

(2.) The petitioner's contention is that the certificate of the Tahsildar is final and that the report of the District Tribal Welfare Officer is not only contrary to law, but has been arrived at in violation of the principles of natural justice, in asmuchas no notice of the enquiry, which constitutes the basis of that report, was ever given to the petitioner. It is submitted that in the list of Scheduled-Tribes in Audhra Pradesh notified by the President under Art. 342 of the Constitution, "Kammara" is one of the Scheduled Tribes, and that the stand taken by the District Tribal Welfare Officer that the petitioner does not belong to a Scheduled Tribe but to a Backward Class as notified by the Stale Government, is unsustainable in law.

(3.) A counter-affidavit has been filed by the District Tribal Welfare Officer. He stated that the "Kamraara" tribe mentioned in the Scheduled Tribes Order, is entirely different and distinct from "Kammara" caste, notified as one of the Backward Classes by the State Government. It is submitted that the certificate issued by the Tahsildar is erroneous, and is contrary to the orders of the Government contained in G. O. Ms. No. 147, dated 27-4-1977, and G. O. Ms. No. 245 dated 30-6-1977. In these G. Os. the Government had clarified that there are several castes as well as tribes bearing similar names, and that they should not be confused with one another. In the said G. Os. it was pointed out that "Kammaras" (blacksmiths) are ethnically and culturally different from the Kammaras belonging to Scheduled-Tribes who live in scheduled areas. The various distinctive customs, practices, food habits, and other distinctive features of both 'Kammara Caste' and 'Kammara Tribe' are set out in extenso. It is pointed out that the District Tribal Welfare Officer, who is better acquainted with all these aspects, has made due enquiry and found that the petitioner belongs to Kammara Caste, which is one of the groups notified as Backward Classes by the State Government, and that he does not belong to Kammara scheduled-tribe. It is also pointed out that at no point of time earlier were Kammara tribes found inhabiting Nizamabad district, or for that matter, any of the Telangana districts.