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2008 DIGILAW 1128 (AP)

East Godavari District Setti Balaja Sangham, Kakinada v. Government of A. P.

2008-12-30

L.NARASIMHA REDDY

body2008
JUDGMENT :- These three writ petitions are filed, challenging the G.O. Ms. No.16, Backward Classes Welfare (A) Department, dated 19.6.1999, issued by the Government of Andhra Pradesh. Through the said G.O., the Government directed that the backward classes mentioned in Entry No.4 of Group-B of the list, viz., Eidga, Gouda (Gamalla), Kalalos, Goundla, Setti Balijas of Visakhapatnam, East- Godavari, West-Godavari and Krishna Districts, and Srisayana (Sagidi), shall be grouped and called as "Goud". The petitioner in WP No.12844 of 1999 is the East Godavari District Setti Balija Sangham. The petitioners in the other two writ petitions are individuals, belonging to Setti Balija Community. 2. The petitioners submit that Setti Balija, as a community, in the four districts of Visakhapatnam, East-Godavari, West Godavari and Krishna; has its own identity in terms of their economic, or social status, or the profession undertaken by them. They contend that though they too undertake the profession of tapping the toddy trees, there are several features, which distinguish them from the other communities, which too, undertake the profession of tapping the trees. It is urged that the result of the social survey undertaken so far, entitles the community to be placed in BC-A category, and even while their representation in this regard is pending consideration, the Setti Balija Community was clubbed along with several castes in Entry No.4, in BC-B category. 3. The respondents filed a counter affidavit, justifying the impugned G.O. It is stated that the G.O., did nothing more, than add a suffix to all the castes, which are already part of Entry No.4 in Group-B, and even this was done on the basis of the representation from the concerned communities, and after obtaining a report from the A.P. Commission for Backward Classes (for short 'the Commission'). 4. Sri P. Venu Gopal, learned Counsel appearing on behalf of the petitioners, along with Sri P. Udaya Bhaskara Rao, learned Counsel, submit that Setti Balija Community has its own identity from various points of view, and there is absolutely no justification for clubbing it along with other castes. They contend that the Commission is vested with the power to recommend, either inclusion of a particular caste in the list of Backward Classes, or deletion thereof, depending on the study undertaken by it, and that it has no power to recommend clubbing of castes, which are already included in the list. They contend that the Commission is vested with the power to recommend, either inclusion of a particular caste in the list of Backward Classes, or deletion thereof, depending on the study undertaken by it, and that it has no power to recommend clubbing of castes, which are already included in the list. Learned Counsel submit that the course adopted through the impugned G.O., is fraught with several anomalies. They exemplify, by stating that in the event of one of the castes in the group now brought into existence for exclusion, the other castes, which are not similarly placed, could face the risk of being excluded from reservation. It is also their case that the predominant profession of a community is not an exclusive factor, to decide its place in the list of backward communities. 5. The learned Government Pleader for Social Welfare submits that the impugned G.O. did not bring about any reclassification of castes. He contends that acting on the representation made by the community as well as their leader, the Government referred the matter to the Commission and on the basis of the recommendations of the Commission, the impugned G.O. was issued. The Government Pleader submits that Setti Balija Community was already included in Entry No.4 of Group-B and its place did not undergo any change. He submits that the commission has incidental power to examine the various issues that have bearing on reservations. 6. The Constitution of India has identified certain goals for it, and they are mentioned in the preamble itself. These goals are; justice, social, economic and political; liberty of thought, expression, belief, faith and worship; equality of status and of opportunity; and to promote among them all, traternity assuring the dignity unity and integrity of the nation. Liberty and fraternity are discerned mostly on philosophical and emotional lines. In the actual governance and working of the Constitution, the effort, on the one hand, is to ensure equality of status and opportunity, as enshrined under Articles 14 and 16 of the Constitution, and on the other hand, to make certain provisions in favour of some identified sections, to ensure social, economic and political justice to them. It is by no means a simple task for a Government, to strike a decent balance between these two concepts, viz., equality and protective discrimination, which some times appear to be pitted against each other. It is by no means a simple task for a Government, to strike a decent balance between these two concepts, viz., equality and protective discrimination, which some times appear to be pitted against each other. Ever since the inception of the Constitution, the protective steps, taken by the State or Central Governments, in favour of certain classes; were questioned as being opposed to the concept of equality. The Constitutional Courts have defined and redefined the respective concepts, and a balanced approach, to both of them; has been adopted. 7. There is a clear mandate under the Constitution itself, for protecting the interests of Scheduled Castes and Scheduled Tribes. As regards Backward Communities, which are not included in the Scheduled Castes and Scheduled Tribes, the mandate is derived from the Directive Principles of State Policy, and the clauses contained in Articles 15 and 16 of the Constitution. In the State of Andhra Pradesh, a list of Backward Classes was prepared, and published through G.O. Ms. No.1880 Education Department, dated 29.7.1966, providing for reservation to the extent of 25% in their favour in public employment, and admission in educational institutions, particularly in professional courses. Commission was appointed in the year 1968 to undertake a detailed study into various aspects. On the basis of the report submitted by the Commission, the Government issued G.O. Ms. No.1793, Education Department, dated 23.9.1970. For the first time, not only the communities were listed and grouped, but also the pattern of reservation was provided for. To ensure equitable distribution of the benefits of reservation among the various castes, Backward Communities are divided into four groups, i.e., A, B, C and D, and in the recent past, one more, viz., 'E' is added. 8. The inclusion of castes in the list of Backward Classes is preceded by a study, touching various aspects of the concerned castes. Upto the year 1993, Commissions used to be appointed through administrative orders, to undertake study. To institutionalize this process, the Andhra Pradesh State Legislature has enacted the A.P. Commission for Backward Classes Act, 1993 (for short 'the Act'). The Commission was constituted under that Act. 9. In the list annexed to G.O. Ms. No.1793, dated 23.9.1970, Entries 4 and 18 of Group-B read as under : "Entry-4 Group-B : Ediga, Gowda (Gamalla), Kalalee, Goundla, Settibalija of Viskhapatnam, East-Godavari, West-Godavari and Krishna Districts. The Commission was constituted under that Act. 9. In the list annexed to G.O. Ms. No.1793, dated 23.9.1970, Entries 4 and 18 of Group-B read as under : "Entry-4 Group-B : Ediga, Gowda (Gamalla), Kalalee, Goundla, Settibalija of Viskhapatnam, East-Godavari, West-Godavari and Krishna Districts. Entry-18 Group-B : Srisayana (Segidi)" By virtue of the impugned G.O., Entry No.4 now reads as under : "Goud' (Ediga, Gouda, (Gamalla), Kalales, Goundla, Settibalija of Visakhapatnam, East Godavari, West-Godavari and Krishna Districts and Srisayana (Sagidi)." 10. The petitioners did not feel any grievance when their caste was grouped, along with others, in Entry-4. Sri Gouthu Latchanna, one of the acknowledged leaders of the Tapping Community, made representation to the Government with a request to reorganize the tappers caste in the State, called by different names, in different areas, under one name, i.e. 'Gaud'. He has set out detailed reasons therefor. Acting on the representation, the Government referred the matter to the Commission, through the orders in G.O. Rt. No.24, B.C. Welfare (M 1) Department, dated 22.1.1997. The Commission took up the matter as LR. No.1 of 1997. Detailed hearing has taken place. Reference was made to a resolution passed by 'Goud Mahasabha', held on 15.5.1992 at Eluru, wherein it was resolved to request the Government to issue a G.O., providing for clubbing all the communities, involving taping, under common name, 'Goud'. The commission held several hearings and ultimately, submitted its report on 2.6.1997, recommending that the various castes in the existing Entry No.4 of Group-B as well as Srisayana Entry-IS, be read as 'Goud'. This recommendation was accepted, and the impugned G.O. was issued. 11. The grievance of the petitioners is that though Setti Balija Community was included in Entry-4, along with other castes, Community Certificates used to be issued in the name of their caste, and on account of the amendment, certificates are being issued in the name of 'Goud' to all these castes. According to them, this would have the effect of dissolving their identity. The petitioners contend that the identity of the castes needs to be preserved. They also contend that they are relatively more backward, than the other castes in the same Entry, and their representation for inclusion of their castes in BC-A is pending. 12. It is rather paradoxical that, with each passing year, more and more castes are claiming backwardness of higher degree. They also contend that they are relatively more backward, than the other castes in the same Entry, and their representation for inclusion of their castes in BC-A is pending. 12. It is rather paradoxical that, with each passing year, more and more castes are claiming backwardness of higher degree. This phenomenon is not confined to any particular section or caste. The castes, which are not extended the benefit of reservation, are clamouring for being included in one reserved category or the other. Those, which are already in one group of backward classes, are seeking their being slided to a relatively more backward group. Some of the listed backward castes are making fervent requests for their inclusion in the scheduled castes. Last, but not least, some of the sects in the Scheduled Castes are pressing their demand for being included in the Scheduled Tribes. Though, not to the extent demanded, their requests are being accommodated to certain degrees, depending on the pressure that the concerned group is able to exert upon the Government. 13. Reservation as such, be it, in favour of Scheduled Castes and Scheduled Tribes, or Backward Classes, was never treated as a regular or permanent phenomenon. The makers of the Constitution contemplated these measures for a limited period, and their comprehension did not go beyond one or two decades. Experience has only shown that the phenomenon of reservation has assumed all the characteristics of a permanent feature. The temporary nature, if at all, is as regards the extent and the change are in the form of inclusion of one category or the other into the existing classes or groups. 14. It is an acknowledged fact that inequalities of substantial degrees existed, mostly on social and economic aspects, within the Indian Society. This is not to suggest that, in rest of the countries there are no inequalities. Caste system, which originated from division of work, had transformed in the one of succession, and it has its own contribution for the inequalities. This is not the occasion to go into the details of the same. The framers of the Constitution felt that the handicap, suffered by several sections, can be removed by placing them in an advantageous position in the fields of public employment, admission to educational institutions, and representation in Legislative Bodies, and castes were treated as the units or bases. 15. The framers of the Constitution felt that the handicap, suffered by several sections, can be removed by placing them in an advantageous position in the fields of public employment, admission to educational institutions, and representation in Legislative Bodies, and castes were treated as the units or bases. 15. The exercise of identifying groups or caste for the purpose of providing reservation to them, is supposed to be, and, in fact, has been on the basis of certain objective criteria. Though it is not possible to determine the backwardness of any caste or community, with mathematical precision, the concerned agencies did make an effort to impart a semblance of objectivity into the process. If the identified parameters or the findings thereon, vis-a-vis, the various communities are translated into mathematical figures, it can be assumed that, in a 100-point evaluation, while the most backward of the communities figures at the bottom with one mark, the most advanced section or caste has to be placed at the top of the list, with 100 marks. If the bench mark-50 is to be treated as the one, to determine the backwardness, justification does exist, for providing reservation in favour of such of the communities, which figure below the 50 marks point. Even in the process, the most backward deserves to be provided with an aggressive form of reservation, and that in fact, has been done by categorizing the society into Scheduled Castes, Scheduled Tribes, and other Backward Classes and by providing them exclusive reservation of varying degrees. In theory and in practice, the underlying objective of reservations is to ensure that the categories, that are below the bench mark, are pushed above it, though, not at a time, but in phased manner. 16. It is by no means an easy task for the State to achieve phenomenal development within a short time, for the groups, which are suffering serious handicap or backwardness. For example, it may need a serious effort and considerable time for categories or groups, which are in the bottom, 10-points, to be brought on par with those, above the bench mark. However, a caste, within its social and economic index, making it to be placed at Sl.No.49, in the list, a small push should result in, its being on the higher side of the bench mark. However, a caste, within its social and economic index, making it to be placed at Sl.No.49, in the list, a small push should result in, its being on the higher side of the bench mark. Reservations for few years, in favour of a category with its index at Sl.No.49, would easily push it above 50. unfortunately, the reality is that, not a single caste, which had been extended the benefit of reservation for the• past several decades, has been declared as the one, which does not need reservation any longer. As has been mentioned earlier, the flow is in the other direction, with every passing year. The demand for reservation as such, by those, who are not enjoying it, and for a higher degree of reservation by those, who are already enjoying it; is increasing. All this, surprisingly, at a time, when the country is proclaiming from all possible platforms, that it has recorded phenomenal development, and is conferred the status of an economic super power. These contradictions have to be addressed one day or the other. Indifference or laxity in this regard, would certainly manifest the corresponding social abnormalities, which in turn would reflect on the strength of the nation as a whole. 17. Reverting to the facts of the case, the assertions made by the petitioners are mostly personal in nature, and at the most, they represent those of a section within Setti Balijas. A perusal of the report submitted by the Commission discloses that extensive study was undertaken into various aspects. Reference was made to unanimous resolution of the 'Goud Mahasabha', at Elum, held on 15.5.1992. The liberal translation of the same into English reads as under : "The tappers belonging to Goud, Setti Balija (of East-Godavari, West-Godavari, Krishna and Visakhapatnam Districts) Ediga and Srisayana castes are involved in the same profession, have similar social customs and have matrimonial relations with each other. The Mahasabha resolve to request the Government to issue orders for knowing the persons of this caste with the common name of 'Goud'." The Commission issued a notification inviting objections. The record does not disclose that the petitioners have submitted any objection. 18. The contention advanced on behalf of the petitioners that the reference, made to the Commission, was beyond its scope; is difficult to be accepted. The record does not disclose that the petitioners have submitted any objection. 18. The contention advanced on behalf of the petitioners that the reference, made to the Commission, was beyond its scope; is difficult to be accepted. The very purpose of enacting the Act is to undertake a systematic study as to the backwardness of various communities. It is not as if that clubbing of various castes under a single entry was not undertaken earlier. From the inception all the tapping castes, except 'Srisayana' were clubbed together and placed at Serial No.4 in Group-B. The persons belonging to Srisayana Community have no grievance about their being included in the Entry-4. 'Setti Balijas' were already there in Entry No.4. The mere fact that all of them are to be called as 'Goud', that too, on a representation made by them; cannot be said to be the result of an illegal exercise. The Commission, which is vested with the power to recommend addition or deletion of a caste, certainly has incidental power to evaluate the proximity of one caste to the other. Viewed from any angle, it cannot be said that the impugned G.O., suffers from any illegality or infirmity. 19. The writ petitions are accordingly dismissed. There shall be no order as to costs.