Andhra HC (Pre-Telangana)
Dr. Guru Kula Mitra vs State Of A.P. & Ors. on 2 March, 1998
Equivalent citations: 1998(2)ALD739, 1998(3)ALT244, AIR 1998 ANDHRA PRADESH 280, (1998) 2 ANDHLD 739 (1998) 3 ANDH LT 244, (1998) 3 ANDH LT 244
ORDER
1. The 2nd respondent i.e., Andhra Pradesh Commission for Backward Classes in refused to furnish a report of the sample survey which was got done by the Commission of Indian Statistical Institute, Hyderabad Branch, by stating that the document sought for does not fall within the perview of Regulalion-I of the (APCBC) regulations for supply of certified copies. Further, the Commission by a majority held that the same was meant for the use of the Commission and should not be made public. Hence, this writ petition.
2. Heard both the learned Counsels.
3. It is seen that the Commission addressed a letter to the Government staling that in order to decide the Social Backwardness of the Castes/Classes random socio-economic survey covering educational and economic backwardness is required. Accordingly he has sent the proposals to the Government to sanction the entrustment of conducting sample survey to die Directorate of Economics and Statistics. The Government after careful consideration, have decided to entrust the conduct of sample survey to the Indian Statistical Institute, Hyderabad Branch in collaboration with Bureau of Economics and Statistics, Hyderabad. Vide G.O.Ms. No.25, dated 12-8-1998. Now the petitioner wants a copy of that report and the same was rejected as it does not fall in any of the categories under Regulation-I of the Regulations for supply of certified copies and also on the ground that this report is meant for the use of the members but not for public use.
4. In the light of the stand taken by the Commission, the provisions of the Andhra Pradesh Commission of Backward Classes Act, 1993 has to be looked into. This Act was passed by the State Legislature pursuant, to the judgment of the Supreme Court in' Indrasahani '$ case whereunder a Commission with perpetual succession and seal was created to consider and recommend the request for inclusion and complaints of under inclusion or over inclusion in the list of Backward Classes and to examine any of the matter relating to Backward Classes that may be referred to by the State Government from time to time. Sections 1 and 2 deal with the preliminaries, Sections 3 to 7 deals with the constitution of Commission, term of their appointment, employees of the Commission* salaries and allowances payable to the Chairperson and member of tie Commission We are concerned with Section 8 in Chapter II and Sections 9 and 10 dealing with (unctions and powers of the Commission in Chapter HI. Under Section 8(1), the Commission shall meet as and when necessary at such time and place as the Chairperson may think fit. Under Section 8(2) the Commission shall regulate its own procedure.
8(3): All orders and decisions of the Commission shall be authenticated by the Member-Secretary or any other Officer of the Commission duly authorised by the Member-Secretary in this behalf.
5. In exercise of the powers vested in the Commission under Section 8(2), the Commission framed regulations for supply of certified copies. Regulation-I deals with the persons entitled to apply for copies and (he copies that can be given on filing an application with requisite Court fee were enumerated. It is true that the certified copy of the report sought for by the petitioner does not fall in any of the categories mentioned in Regulation I for supply of certified copies. There cannot be any dispute with the contention of the Commission that the report is meant for its use but not for public use as long as the material collected in this sample survey is not used against or for considering the claims of the clusters or classes of people. While under Section 9 the Commission is empowered to examine the requests for inclusion of any class of cili/ens as backward class in the lists and hear complaints of over-inclusion or under-inclusion of any backward class in such list and tender such advice to the Government as it deems appropriate. Under sub-clause (2) the Commission is empowered to make recommendations on any other matter relating to the backward classes that may be referred to it by the Government from time to time. Under Section 10 of the Act (he Commission shall while performing its functions under subsection (1) of Section 9, shall have all the powers of a Civil Court trying a suit. When the Commission is empowered with the powers of a Civil Court, it is needless to observe that its functions are quasi judicial in nature. Hence the Commission is expected to give reasonable opportunity to the persons approaching the Commission for inclusion of their Groups in Backward Classes List and to place the material in support of their claim. Likewise, the material collected by the Commission for rejection of the claim should also be furnished to the claimants, so that he will be in a position to contravert the adverse circumstances that were pointed out by the Commission in rejecting its case. In other words the material collected by the Commission should be furnished to the claimants before it is made use of, for rejecting the claim for inclusion in the list. Then only the report or the proposal submitted by the Commission to the Government will be supported by the objectivity.
6. For the above reasons I feel that as long as the report is not used against the petitioner in rejecting the claim for inclusion, the Commission is under no obligation to furnish a copy of the report and allow him to make a roming enquiry to substantiate his claim. If once the Commission intends to use any part of the report to defeat their claims inspite of the material placed before the Commission, then the Commission will be under an obligation to furnish that part of the report to the concerned and give him an opportunity to rebut the evidence given by the Commission.
7. With the above directions, the writ petition is disposed of. No costs.