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Karnataka High Court
PADUTHOTA RAMACHANDRA - Appellant
Versus
UNION OF INDIA - Respondent
Decided On : 09-13-95
W.A. : 2722 of 1991
Article 341 - Ambit of Article 341 of the Constitution of India - Constitution (Scheduled Castes) Order, 1950 - Karnataka - Circular containing instructions regarding issue of caste certificates to members of scheduled castes and scheduled tribes - Identification of equivalent or synonymous castes, races or tribes - Presidential Order - Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 - Circular dated 29th November, 1977 - Circular dated 20th April, 1978 - Equivalents or synonyms of scheduled castes and scheduled tribes - Scheduled castes and scheduled tribes - Special benefits for advancement of socially and educationally backward classes in public employment and admission to medical and engineering colleges - Caste certificates - Admissions to educational institutions and public employment - Approval of the central government - Writ petition under Article 226 of the Constitution - Appellate jurisdiction - High Court - Jurisdiction of the state government and the central government to identify equivalent or synonymous castes, races or tribes for the purposes of the Constitution - Inclusion or exclusion from the list of scheduled castes - Parliament's exclusive authority - Court's jurisdiction to record evidence - Validity of circulars - Final decision
Fact of the Case:
The case involved a dispute regarding the identification of equivalent or synonymous castes, races, or tribes for the purposes of the Constitution, specifically related to the issuance of caste certificates to members of scheduled castes and scheduled tribes in Karnataka. The state government issued circulars identifying equivalents of scheduled castes and tribes, leading to the issuance of caste certificates and benefits for the identified groups. Subsequently, the state government withdrew the circular, leading to a writ petition challenging the withdrawal and seeking consideration of additional equivalents by the central government.
Finding of the Court:
The court found that the state government did not have the authority to identify equivalents or synonyms of scheduled castes and tribes for inclusion in the list declared by the presidential order. The court held that the exclusive authority to include or exclude from the list rested with the parliament, and neither the state government nor the central government could usurp this right. The court also concluded that it was not permissible for the court to record evidence to include or exclude sub-castes from the list, as this authority was exclusively conferred on the parliament.
Issues: The main issue was whether the state government had the authority to identify equivalent or synonymous castes, races, or tribes for inclusion in the list of scheduled castes and tribes declared by the presidential order, and whether the court had the jurisdiction to record evidence for this purpose.
Ratio Decidendi: The court held that the state government and the central government did not have the authority to include or exclude any group or sub-caste from the list of scheduled castes and tribes declared by the president, and that the court did not have the jurisdiction to record evidence for this purpose. The court emphasized the exclusive authority of the parliament in this regard.
Final Decision: The court set aside the impugned order and dismissed the petition, concluding that the state government did not have the authority to issue the circulars identifying equivalents or synonyms of scheduled castes and tribes, and that the court did not have the jurisdiction to consider additional equivalents. The court also recommended that the state government refrain from prosecuting members who had secured caste certificates and defer any action to discontinue members from public employment for a year, while recommending necessary steps to the central government for potential legislation by the parliament.
( 1 ) AN interesting question as to the ambit of Article 341 of the constitution of India and the powers of the state government and the central government to identify equivalent or synonymous castes, races or tribes set out in the presidential Order falls for determination in these appeals preferred to challenge the legality of Order dated november 12, 1990, delivered by learned single judge in writ petition No. 8234 of 1983 filed under Article 226 of the constitution. The facts which gave rise to filing of this petition are not in dispute and are required to be briefly set out to appreciate the controversy in these two appeals.
( 2 ) ARTICLE 341 (1) prescribes that the president may, in respect of a state, in consultation with the governor, by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of the constitution be deemed to be scheduled castes in relation to the state. Article 366 (24) defines that the expression "scheduled castes" means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under Article 341 to be scheduled castes. The president of India issued the constitution (scheduled castes) Order, 1950, in exercise of powers under Article 341 and part viii of the schedule appended to that Order relates to state of karnataka. Item No. 3 of part viii relates to kanara district and 'kotegar' or 'metri' castes residing in kanara district are declared as 'scheduled caste'. The parliament passed enactment known as the scheduled castes and scheduled tribes orders (Amendment) Act, 1976' and this legislation was passed under the provisions of Article 341 (2) of the constitution. Article 341 (2) entitles the parliament by law to include or exclude from the list of scheduled castes issued by the president, any caste, race or tribe. The sub-article provides that save and except the legislation passed by parliament, a notification issued by the president under Article 341 (1) of the constitution shall not be varied. The Amendment Act passed by the parliament did not disturb the presidential Order in regard to the declaration of kotegar or metri caste residing in kanara district as scheduled caste.
( 3 ) ON november 29, 1977, the government of karnataka, social welfare and labour department issued a circular containing instructions regarding issue of caste certificates to members of scheduled castes and scheduled tribes. After setting out the modality of issuing certificates, the circular sets out that the concerned officer should issue caste certificate to members of equivalent name in vogue and which are set out in the Annexure to the circular. The Annexure to the circular sets out equivalent names of scheduled castes and scheduled tribes and item No. 5 sets out that 'kote-kshatriya, kotegara, kotegar' are the equivalents of 'kotegar or metri' residing in kanara district which are declared as scheduled castes under the presidential order. In pursuance of the circular, the authority issued caste certificates to members of kote-kshatriya, kotegara and kotegar residing in the state of Karnataka and the holders of the caste certificates become entitled to the benefits conferred under articles 15 (4) and 16 (4) of the constitution. In exercise of powers under articles 15 (4) and 16 (4) of the constitution, the government of Karnataka had issued orders from time to time to provide for special benefits for advancement of socially and educationally backward-classes in public employment and admission to medical and engineering colleges. On the strength of caste certificates, members of communities, which were treated as equivalents secured admission in educational institutions and in public employment. The government of India by letter dated 31st december, 1977, informed the government of Karnataka that question of synonymous of certain scheduled castes and scheduled tribes is under cons
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