V D SIVABALAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners abovenamed filed this Public Interest Litigation challenging the report submitted by Andaman and Nicobar Other Backward Classes also the subsequent decision dated 16th June, 2003 of the said Commission whereby a further reservation of 11% was made in excess of 27% in violation of the solemn order passed by the Hon'ble Apex Court in the case of R.K. Sabharwal vs. State of Punjab, letter issued by the Secretary (TW), A 85 N Administration vide No. 8-3/2003-TW/1310 dated 18th July, 2005, letter N0.12011/13/2004-BCC dated 12th September, 2005 issued by the Under Secretary to the Government of India of Social Justice and Empowerment; Notification dated 16th December, 2005 by the Special Secretary (TW), A & N Administration notifying five categories. Further direction has been sought for to conduct proper survey of the entire islanders defined in Order No. 4247 dated 8th December, 2004.

(2.) The petitioners are claiming to be the permanent inhabitants of these islands and they owe their origin to their ancestors who said to have come to these islands three or four generations back. As such, they are permanent settlers. Their families have been contributing for the socio-economic development of these islands. Similarly other categories of the people had also come to these islands and settled and those classes of settlers are serving the Municipal Council, Panchayats as dhobis, barbers mochis (cobbler), fishermen, agricultural labourers etc. These two petitioners are not only ventilating their grievance of their own but also grievances of those persons who are rather similarly circumstanced with that of the petitioners who have been identified by A & N Administration as permanent inhabitants of these islands. As such, they have their locus standi to file this application.

(3.) In order to get relief the grounds for challenge of the said report of the Commission and the order of acceptance of the said report and follow up decisions as stated above amongst others are as follows: