1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22^ND DAY OF DECEMBER, 2020

BEFORE

THE HON’BLE MR.JUSTICE P.B. BAJANTHRI

WRIT PETITION NO.19653/2015(GM-RES)

BETWEEN:

1.

ALL INDIA BANJARA SEVA SANGH

KARNATAKA UNIT NO.846,

5^TH CORSS, MC LAYOUT

VIJAY NAGAR, BANGLAORE - 560 040

REP BY ITS PRESIDENT

SRI. D. RAMANAIK,

BENGLAURU CITY.

2.

KARNATAKA RAJYA KORMA

-KORACHARA MAHA SNAGHA

NO.18, I CROSS, R.K. BLOCK,

THYAGARAJANAGAR,

BNAGLAORE - 560 028,

REP BY ITS PRESIDENT

SRI. RAMACHANDRA R.

BENGALURU CITY.

… PETITIONERS

(BY SRI. S.M. CHANDRASHEKAR, SENIOR COUNSEL FOR

SRI. GIRISH G.N., ADVOCATE)

AND:

1.

THE UNION OF INDIA

REPRESNETED BY THE

HOME SECRETARY,

NORTH BLOCK,

NEW DELHI - 110 001.

2.

NAITONAL COMMISSIONER

FOR SCHEDULE CASTES,

REPRESENTED BY THE CHAIRMAN,

B WING, 5^TH FLOOR,

2

LOKANAYAK BHAVAN,

NEW DELHI - 110 001.

3.

THE STATE OF KARNATKA,

REPRESENTED BY THE

PRINCIPAL SECRETARY TO

THE DEPARTMENT OF SOCIAL

WELFARE, VIDHANASOUDHA,

BANGALORE - 560 001.

... RESPONDENTS

(BY ASG FOR R1 & R2.

SRI. DHYAN CHINNAPPA AAG FOR

SRI. KIRAN KUMAR FOR R-3

SRI. N. JAGADISH BALIGA, CGC FOR R-1 & R-2)

THIS WRIT PETITION FILED UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND ETC.,

THIS

PETITION

COMING

ON

FOR

ORDERS

PHYSICAL

HEARING/VIDEO CONFERENCING HEARING (OPTIONAL), THIS DAY,

THE COURT MADE THE FOLLOWING:-

ORDER

In the instant petition petitioners have prayed for the

following reliefs:

a)

Call for Records.

b)

Quash Annexure-A, No. SWD 22754AD2003,

dated 24/09/2005, the Constitution of Justice

A.J. Sadhashiv Commission and all further

proceedings, by the 3^rd Respondent.

c)

Such other reliefs as deemed fit in the interest

of justice and equity.

3

2.

Prima-facie, present petition is premature for the

reasons that State Government is yet to accept or reject the

report of Commission of Justice A.J.Sadashiva and it is pending

consideration. Consequently, before accepting or rejecting the

aforesaid report by the competent authority, Government is

hereby requested to take note of the latest Apex Court’s decision

rendered in C.A. No.4096/2020 and after due examination of the

principle laid down in the aforesaid decision in particularly para

Nos.41, 49, 58 and 59. Extract of these paras are reproduced

hereunder:

41. The Constitution of India contains

ample

provisions

for

fulfilment

of

the

Constitutional aspirations of social justice to

the Scheduled Castes and Scheduled Tribes

and to socially and educationally backward

classes of citizens. Articles 341 and 342 and

Part XIV of the Constitution contains several

provisions as special provisions relating to

certain classes. Article 342 of the Constitution

envisages public notification specifying the

tribes or tribal communities or parts of or

groups within tribes or tribal communities

which shall be for the purposes of this

Constitution be deemed to be Scheduled

Tribes in relation to a State after consultation

4

with

Governor

thereof.

Sub-clause

(2)

contains another important provision which

provides that any inclusion or exclusion from

the list of Scheduled Tribes specified in a

notification issued under clause (1) of Article

342 can be done only by Parliament by law.

Sub-clause (2) of Article 342, thus, contains

a provision conferring authority only to the

Parliament

to

include

and

exclude

a

Scheduled Tribe in the list as specified in the

sub-clause (1) of Article 342. There has been

a series of judgments of this Court including

Constitution Benches on Articles 341 and 342

as well as entries in Scheduled Castes and

Scheduled Tribes Order, 1950. This Court had

occasion to consider as to what extent the

Courts including the High court an