IMPORTANT POINT
Authorities must provide clear reasoning when rejecting evidence for Scheduled Caste status; failure to do so invalidates their conclusions.

ORDER :

Mr. M.I.Arun, J. - Aggrieved by the order dated 18.11.2014 passed by respondent No.4 vide Annexure-H, order dated 30.01.2015 passed by respondent No.3 vide Annexure-J & the order dated 25.02.2016 passed by respondent No.2 vide Annexure-K, the petitioner has preferred this writ petition.

2. The case of the petitioner is that, he belongs to Bandi Community and the said Community is notified as Scheduled Caste under Article 341 of the Constitution of India. That a caste certificate was granted to him in this regard by respondent No.4 - Tahsildar. However, subsequently, an enquiry has been conducted and erroneously the same has been cancelled. It is further submitted that the order of cancellation passed by respondent No.4 has been upheld by respondent No.3 - the Assistant Commissioner and subsequently by respondent No.2 - the Deputy Commissioner and aggrieved by the same, the present writ petition is filed.

3. The petitioner has relied upon the School Leaving Certificate (Annexure-A to the writ petition); Transfer Certificate issued by the Education Department of the Karnataka State (Annexure-B to the writ petition); Caste Certificate of his father issued by the jurisdictional Tahsildar (Annexure-C to the writ petition) and his own Caste Certificate issued by respondent No.4 (Annexure-D to the writ petition) and submits that he belongs to Bandi Community and for no reason, the impugned orders are passed considering him to be belonging to Baandhi Community and because of it he is not being considered as a person belonging to Scheduled Caste Community.

4. Per contra, Advocate for the respondents submits that, after due enquiry, respondent No.4 has come to the conclusion that the petitioner belongs to Baandhi Community and not Bandi Community. It is further submitted that, mere production of the School Leaving Certificate, the Transfer Certificate and the Caste Certificate of his father and that of the petitioner, is not sufficient to hold that the petitioner belongs to Bandi Community.

5. The question that arises for consideration in the instant case is, whether the authorities erred in coming to the conclusion that the petitioner belongs to Baandhi Community instead of Bandi Community as claimed by him.

6. The Presidential Notification issued in pursuance of the Article 341 of the Constitution of India mentions Bandi Community as a Scheduled Caste. The list of Scheduled Caste and the Scheduled Tribe as per the order must be read as it is. It is not open for the State Government or the Courts or the Tribunals or any other Authorities to modify, amend or alter the list of Scheduled Caste specified in the notification issued under Article 341 of the Constitution of India. Article 348(1)(b) of the Constitution of India mandates that such a notification shall be in the English language. The same will have to be considered as the authoritative text. When the names of the Scheduled Caste are translated into any other language including Kannada, the translator has to take care that there is no error in the name of the Community. The content in the notification is published in English. Thus, in case of any confusion, the Courts or authorities will have to refer to the English Notification issued under Article 341 of the Constitution of India.

7. In the instant case, the relevant notification in the English language specifies that the Community Bandi belongs to Scheduled Caste. In the light of the same, the documents far and against the petitioner have to be examined. The School Leaving Certificate (Annexure-A to the writ petition), the Caste Certificate of the father of the petitioner (Annexure-C to the writ petition) and the Caste Certificate of the petitioner (Annexure-D to the writ petition) are in English Language and they specify that the petitioner belongs to Bandi Community.

8. Annexure-B to the writ petition is in Kannada Language, which records that the petitioner belongs to VERNACULAR MATTER Community, which can be translated as