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1999 Supreme(AP) 230

Andhra Pradesh High Court
Judges : J.CHELAMESWAR
Madiga Reservation Porata Samithi - Appellant
Versus
Commissioner of Police, Hyderabad - Respondent
Decided On : 04-13-99

Headnote:

Constitution of India – Article 213 – Hyderabad City Police Act, 1348-F – Demand from a section of the Scheduled Castes in the State of Andhra Pradesh known as madigas that they are entitled for certain protective discrimination in the matter of educational opportunities and public employment. The State of Andhra Pradesh, earlier, having considered the intensity of the demand, appointed a Commission headed by a former Judge of this Court to go into the matter and make appropriate recommendations in this matter. I am informed by the learned Advocate-General who appeared at the stage of admission for the State, that the said Commission made certain recommendations which are favourable to the madiga community. In pursuance of the said recommendations, the State of Andhra Pradesh issued certain orders creating avenues of reservation in the matters of educational opportunities and public employment; however, the said orders of the Government came under challenge and this Court by its judgment declared those G. Os. , as illegal and unconstitutional – Held, Specific material that the intended procession of petitioner - Organisation is likely to disturb peace and public safety, I am of the opinion that the Commissioner of Police is not justified in issuing the impugned order - Commissioner of Police - the respondent herein to accord the necessary permission to the petitioner-Organisation to conduct a procession, however, it is made clear that the respondent is at liberty to impose any condition which he is authorised under the Hyderabad City Police Act, 1348-F, for the smooth conduct of such procession and to ensure the preservation of the public order - Learned counsel appearing for the petitioner-Organisation made a categoric statement that the petitioner shall be bound by any conditions imposed either by the Commissioner of Police - Respondent herein or by this Court. In this regard, it is relevant to mention that basing on certain information gathered by the agencies of the State, the learned Advocate-General apprehended that the congregation once assembled in the City of Hyderabad, may stay at Hyderabad City for a few days, in which case, it is likely to result in a large scale disorder in the City of Hyderabad. In view of the apprehension expressed by the learned Advocate-General, the respondent is at liberty to issue appropriate directions to the Organisers of the petitioner-Organisation to have the procession and meeting within definite hours to be stipulated by the Commissioner of Police - the respondent herein and afterwards beyond the stipulated period if the congregation continues its activity would naturally become an unlawful activity - Writ petition is disposed of. Order accordingly.

J. CHALAMESWAR, J.

( 1 ) THIS Writ Petition is filed by an unregistered body known as madiga Reservation Porata Samithi with a prayer as follows :". . . . . . . . . . . . THAT this Hon ble Court may be pleased to issue an order or direction or writ more particularly one in the nature of writ of certiorari calling for the records pertaining to the impugned order of the respondent passed in proceedings No. Lando/m4/1786/99, dt. 10-4-99 and quash the same as illegal, arbitrary, unconstitutional and violative of principles of natural justice and pass such other order or orders as this Hon ble Court deems fit and proper in the interest of justice. "

( 2 ) THE brief background of the case is that there has been a demand from a section of the Scheduled Castes in the State of Andhra Pradesh known as madigas that they are entitled for certain protective discrimination in the matter of educational opportunities and public employment. The State of Andhra Pradesh, earlier, having considered the intensity of the demand, appointed a Commission headed by a former Judge of this Court to go into the matter and make appropriate recommendations in this matter. I am informed by the learned Advocate-General who appeared at the stage of admission for the State, that the said Commission made certain recommendations which are favourable to the madiga community. In pursuance of the said recommendations, the State of Andhra Pradesh issued certain orders creating avenues of reservation in the matters of educational opportunities and public employment; however, the said orders of the Government came under challenge and this Court by its judgment dated 18-9-1996, declared those G. Os. , as illegal and unconstitutional (the details of which are not necessary for the purpose of the present case ). It appears, subsequently, the State of Andhra Pradesh, having regard to the factual and legal issues involved, came to a conclusion that an Ordinance be promulgated to cover the situation and to remove the basis of the declaration made by this Court in the above-mentioned judgment dated 18-9-1996; however, it appears, the Governor of Andhra Pradesh was pleased to refer the matter to the President of India for his consideration under Article 213 of the Constitution of India.

( 3 ) IN this background, the petitioner body which has been agitating for the rights of the madiga community, decided to have a huge congregation at Hyderabad City, in order to make a demonstration demanding the creation of protective discrimination in favour of the madiga community. For the said purpose, the petitioner made an application dated 26-3-1999 to the Commissioner of Police - the respondent herein, seeking the permission of the Commissioner of Police in this regard. The application reads as follows :"we humbly request you that the M. R. P. S. have been demanding to the Hon ble Chief Minister from 41/2 years to issue the legalised S. C. Categorisation G. O. enable to get all the benefits of the constitutional rights as per the population ratio among the S. Cs. On 29-10-98 the C. M. have sent a S. C. Categorisation Ordinance proposals to the Central Government for the approval of Hon ble President of India. But after lapse of three months there was no action against the ordinance nor it reached the Rashtrapathi. To solve the problem to bring the pressure on the C. M. , the M. R. P. S. State President Sri Manda Krishna Madiga announced to blockade the Hyderabad on 14th April with forty lakhs people if the Hon ble Chief Minister failed to legalise the above ordinance on or before 14-4-99. Accordingly a programme started Madiga Dandora Dandayathra from Srikakulam to Hyderabad on 26-1-99 to 13-4-99 by covering all the Mandals to educate the people to make the programme a grand success on 14th April. So, kindly give us permission to take out the procession after public meeting with more than 50,000 people from the Baghlingampally to Dr. B. R. Ambedkar Statue on 14th April by 10.
























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