Andhra Pradesh High Court
Judges : LINGARAJA RATH, M.N.RAO, P.S.MISHRA
B.Narayana - Appellant
Versus
Government Of A.P.rep.by its Chief Secretary - Respondent
Decided On : 09-18-97
Constitution of India, 1950 - Articles 226, 371D, 16, 15, 14, 335, 338, 341, 342, 340, 38, 39, 41, 43, 46, 366, 235, 251, 246, 320, 311, 233, 134A, 133 and 132 - Commission of Inquiry Act, 1952 - Section 3 - Electricity Act, 1909 - Section 4 – Vacancies in Public Service - Seats in Educational Institutions - Commission received responses from several educational institutions also regarding educational benefits enjoyed by various sub-castes of scheduled castes statistics received were tabulated by Commission and responses received on were not tabulated but separately considered at appropriate places in report of commission - Commission submitted its report which was examined in depth by Cabinet Sub-Committee constituted vide GO second cited - Cabinet Sub-Committee recommended for acceptance of most of recommendations of Commission to Government - Government after careful consideration of report of commission have agreed with findings of Cabinet Sub-Committee and accept following findings of Commission - There is disproportionate distribution of reservation benefits in favour of mala group and adi-Andhra group of Scheduled Caste communities compared to their respective populations - Held, While on one hand when National Commission is consulted care is taken to divide matters which relate to Parliament and matters which relate to State Government as contemplated it takes care also of role which is assigned and if meaning which we think expression include in or exclude from list of Scheduled Castes should receive parliament may decide upon de-classification or sub-classification of scheduled Castes and deprivation of a section of Scheduled Castes which according to impugned Government Order need to be better protected would receive their due from Parliament - If such is measure in opinion of National Commission which State Government can take and which would take care of safeguards and rights of such sections of Scheduled Castes who are seen as being deprived State Government can decide after receiving recommendations of National Commission to implement in manner that it thinks proper and law permits - Order Accordingly.
P. S. MISHRA, C. J.
( 1 ) ). PETITIONS aforementioned, under Article 226 of the Constitution of India, the main amongst them being Writ Petition No. 13765 of 1997, are directed against the Government Orders in G. O. Ms. No. 68, Social Welfare (Jl) Department, dated 6-6-1997 and G. O. Ms. No. 69, Social Welfare (Jl) Department, dated 7-6-1997, which, inter alia, divide and/or categorise the Scheduled Castes who are listed in the Constitution (Scheduled Castes) Order, 1950 (Presidential Order, 1950), as amended in 1976 for the State of Andhra Pradesh, into four groups as a , b , c, and d and purport to accordingly reserve for each group of the Scheduled Castes communities, posts including for filling up of backlog vacancies in the Public Service and seats in different professional and other educational institutions.
( 2 ) ). G. O. MS. NO. 68, SW (J1) Department, dated 6-6-1997 reads as follows: "government OF ANDHRA PRADESH abstract appointment of Commission of Inquiry, headed by Justice Shri P. Ramaehandra Raju (Retd.) under the Commissions of Inquiry Act, 1952 - Submission of Report - Appointment of Cabinet Sub-committee to give findings on the report of the Commission - Acceptance of the findingsorder: , 1. A Commission of Inquiry was appointed vide G. O. first read above headed by Justice Shri Ramachandra Raju (Retd.) to examine: , (a) whether a disproportionately large number of benefits have gone to any particular sub-caste of scheduled Castes; and b) if so to Indicate all such steps as are necessary and required to be taken to ensure that the above benefits are equitably distributed among the various sub-castes of scheduled castes. 2. THE Commission of Inquiry issued a notification on 1-10-1996 in the gazette and several English and Telugu dailies inviting representations from any individual or associations relevant to the subject matter of the enquiry giving time till 31-10-1996. The said notification was also sent individually to all the Ministers, the Speaker of the Assembly, all MPs and MLAs of Andhra Pradesh, Heads of the Departments, District collectors, District Judges, Superintendents of Police, Chairman of Zilla praja Parishads, Registrar of High Court, various Universities etc. The time for filing the representations was extended by the Commission upto 31-1-1997 and representations received even subsequent to 31-1-1997 from scheduled castes associations and individuals were examined by the Commission. 3. THE Commission received statistical data regarding the scheduled caste employees (sub-caste wise) employed in various government departments (both Central and State Government), State Government public Sector Undertakings, local bodies and Co-operative Institutions. The Commission also received data about appointments of scheduled castes (sub-caste wise) from various Service Commissions for the period 1990 onwards. The Commission received responses from several educational institutions also regarding the educational benefits enjoyed by various sub-castes of scheduled castes for the period 1955 onwards. The statistics received upto 15-5-1997 were tabulated by the Commission and responses received on or after 16-5-1997 were not tabulated but separately considered at the appropriate places in the report of the commission. 4. THE Commission submitted its, report on 28-5-1997 which was examined in depth by the Cabinet Sub-Committee constituted vide G. O. second cited. The Cabinet Sub-Committee recommended for acceptance of most of the recommendations of the Commission to the Government. The Government after careful consideration of the report of the commission, have agreed with the findings of the Cabinet Sub- committee and accept the following findings of the Commission: ,i There is disproportionate distribution of reservation benefits in favour of the mala group and adi-Andhra group of Scheduled Caste communities compared to their respective populations. II Both the madiga group and relli group of comm
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