Point of Law: Public orders, publicly made, in exercise of a statutory authority cannot be construed in the light of explanations subsequently given by the officer making the order of what he meant, or of what was in his mind, or what he intended to do. Public orders made by public authorities are meant to have public effect and are intended to effect the actings and conduct of those to whom they are addressed and must be construed objectively with reference to the language used in the order itself.

ORDER :

Petitioner, an un-incorporated association of individuals belonging to Kodava community of Coorg is knocking at the doors of Writ Court grieving against the order dated 14.10.2015 at Annexure-F in the WP as originally filed and another order dated 30.9.2021 at Annexure-G in amended WP made by the State Govt. whereby the interim recommendation of the Karnataka State Backward Commission, (hereafter 'Commission') has been rejected; by virtue of this rejection, certain benefits of reservation which otherwise would have availed to this community have been denied.

2. It is pertinent to reproduce the 2010 recommendation of the Commission and the two Govt. Orders whereby the same is not accepted:

(i) The advice contained in the 2010 recommendation of the Commission in the vernacular reads as under:

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(ii) The Govt. order dated 14.10.2015 at Annexure-F reads as under:

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(iii) The Govt. Order dated 30.9.2021 at Annexure-G reads as under:

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3. After service of notice, the respondents have entered appearance through the learned AGA; a Co-ordinate Bench of this Court vide interim order dated 18.08.2021 having found the impugned order of 2015 being prima facie unsustainable, had directed the Government to reconsider the recommendation of the Commission, keeping the petition pending; accordingly the recommendation having been “reconsidered”, the Government has passed the second order on 30.09.2021 reiterating the earlier one; therefore, petitioner filed the subject application seeking leave to amend the writ petition for laying a challenge to this order as well; no objections are filed either to the Writ Petition or to the amendment application; the leave to amend as sought for needs to be & accordingly is granted in view of this pendente lite development which has indisputably a bearing on the lis.

4. This six year old Writ Petition is taken up for final hearing with the consent of both the sides; learned AGA appearing for the respondents vehemently opposes the writ petition contending that: although the Commission is a statutory body, its recommendations proprio vigor do not bind the Government; the very essence of “recommendation” or “advice” involves 'discretion to disagree' with the same; in support of this submission he heavily banks upon the text of Sec.9(2) of Karnataka State Commission for Backward Classes Act, 1995; he also submits that the Government being a constitutional functionary, has to be given due credence for its decisions, whether elaborately reasoned or not; which community should be treated in what manner for the purpose of benefits of grant of reservation or the like, is a matter left to the wisdom of the Government and Writ Courts should ordinarily keep away from matters of this kind; so contending, he seeks dismissal of the writ petition.

5. Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to grant indulgence in the matter as under and for the following reasons:

(a) A few words about Kodavas:

(i) It is tritely said "Coorg is to Karnataka what Kashmir is to India"; Talakaveri, the birth place of river is in Coorg, it is also known as the "Land of Army Generals"; the Military Greats like Field Marshall K.M.Cariappa and General K.S.Thimayya hailed from this community; innumerable Kodavas serve in the defence of country; of the prominent communities that inhabit this beautiful landscape, 'Kodavas' happens to be one; like a very few martial communities, Kodavas too are exempted from the requirement of license for carrying weapons; this is owing to their religious & cultural disposition, says a Division Bench of this Court in W.P.No.1386/2018 between CAPT. CHETAN Y.K (RETD) VS. UNION OF INDIA, disposed off on 13.8.2019.

(ii) The socio-anthropological studies relating to Kodavas were documented only after the advent of British Rule; it is pertinent to state that there is a copious reference to the history of Kodavas, their lineage & th