Karnataka High Court
Dr Ambedkar Scheduled Castes vs Union Of India on 11 December, 2023
Bench: Chief Justice, Krishna S Dixit
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WP No. 26836 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 26836 OF 2023 (SCST-PIL)
BETWEEN:
DR AMBEDKAR SCHEDULED CASTES
FEDERATION KARNATAKA
PAN CARD AAGAD3232N
NO 172, FIRST MAIN , 2ND CROSS,
HOYSALA NAGARA, NAGARABHAVI,
BANGALORE, BANGALORE ZONE 4
GOVINDRAJANAGARA - 560 072.
REP BY ITS PRESIDENT
MAHENDRA KUMAR MITRA
PAN CARD AVKPM5366J
AADHAR 520582409770
Digitally signed EMAIL mitramahendrakumar gmail.com
by SHARADA ...PETITIONER
VANI B
(BY SRI.MAHENDRA KUMAR MITRA.,PARTY IN PERSON)
Location: HIGH
COURT OF
KARNATAKA AND:
1. UNION OF INDIA,
THROUGH ITS SECRETARY TO
GOVERNMENT OF INDIA
CABINET AFFAIRS,
RASTRAPATHI BHAVAN,
NEW DELHI 110 004.
2. THE SECRETARY TO GOVERNMENT OF INDIA
MINISTRY OF HOME AFFAIRS
DEPARTMENT OF HOME,
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NORTH BLOCK, CENTRAL SECRETARIAT
NEW DLEHI 110 001.
3. THE SECRETARY TO GOVERNEMNT OF INDIA
MINISTRY OF LAW AND JUSTICE,
DEPARTMENT OF LAW,
SHASTRI BHAVAN, A WING,
DR RAJENDRA PRASAD ROAD,
NEW DELHI 110 001.
4. THE SECRETARY TO GOVERNEMNT OF INDIA
MINISTRY OF SOCIAL AND EMPOWERMENT
DEPARTMENT OF SOCIAL JUSTICE AND
EMPOWERMENT,
SHASTRI BHAWAN, C WING,
D RAJENDRA PRASAD ROAD,
NEW DELHI 110 001.
5. MINITRY OF TRIBAL AFFAIRS,
REP BY ITS SECRETARY,
D WING, 2ND FLOOR,
SHASTRI BHAVAN,
NEW DELHI 110 011.
6. THE REGISTRAR GENERAL AND CENSUS
COMMISSONER OF INDIA,
WEST R K PURAM, BLOCK 1,
SARVAPRIYA VIHAR,
NEW DLEHI 110 066.
7. NATIONAL COMMISSION FOR
SCEHDUELED CASTES
REP BY ITS SECRETAY,
5TH FLOOR, LOKNAYAK BHAWAN,
KHAN MARKET, NEW DELHI 110 003.
8. NATIONAL COMMISSION FOR
SCEHDULED CASTES
REP BY ITS SECRETARY
6TH FLOOR, B WING,
LOKNAYAK BHAWAN,
KHANMARKET,
NEW DELHI 110 003.
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WP No. 26836 of 2023
9. CHIEF ELECTION COMMISSIONER,
ELECTION COMMISSION OF INDIA,
NIRVACHAN SADAN,
ASHOKA ROAD, NEW DELHI 110 001.
10. GOVERNMENT OF KARNATAKA,
REP BY ITS CHIEF SECRETARY,
ROOM NO 320, 3RD FLOOR,
VIDHANA SOUDHA,
BENGALURU 560 001.
11. STATE OF KARNATAKA,
REP BY PRINCIPAL SECRETARY,
DEPARTMENT OF PRALIAMENTARY AFFAIRS,
1ST FLOOR, VIDHANA SOUDHA,
BENGALURU 560 001.
12. THE PRINCIPAL SECRETARY,
DEPARTMENT OF SOCIAL WELFARE,
2ND FLOOR, VIKASA SOUDHA
BENGALURU 560 001.
13. THE ADDITONAL CHIEF SECRETARY TO
GOVERNEMNT DEPARTMENT OF HOME
STATE OF KARNATAKA
2ND FLOOR, VIDHANA SOUDHA,
BENGAULURU 560 001.
14. THE SECRETARY,
STATE ELECTION COMMISSION,
KSCMF BUIDLING,
NO 8, 1ST FLOOR,
CUNNINGHAM ROAD,
VASANTH NAGAR,
BENGALURU 560 052.
15. THE DIRECTOR,
DEPARTMENT OF TRIBAL WELFARE,
GOVERNMENT OF KARNATAKA,
NO 34, 1ST FLOOR, LOTUS TOWERS,
RACE COURSE ROAD,
BEGNALURU 560 001.
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16. COMMISSIONER BACKWARD CLASSESS
COMMISSON,
GOVERNMENT OF KARNATAKA,
NO 16, 2ND FLOOR,
DEVARAJ URS BHAVAN,
MILLERS TANK BED AREA,
VASANTHNAGAR,
BENGALURU 560 001.
...RESPONDENTS
(BY SRI. ARAVIND KAMATH., ADDITIONAL SOLICITOR
GENERAL A/W
SRI.RAJASHEKAR S.,SENIOR PANEL COUNSEL FOR R1- 8;
SMT.NILOUFER AKBAR., AGA FOR R10 TO 16)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA R/W RULE 14(1) OF THE HIGH
COURT OF KARNATAKA (PUBLIC INTEREST LITIGATION) RULES
2018 PRAYING TO A) ISSUE AN APPROPRIATE WRIT, ORDER
OR DIRECTION QUASHING THE RECOMMENDATION MADE BY
THE RESPONDENT NO.12 GOVERNMENT OF KARNATAKA
THROUGH SOCIAL WELFARE AND LABOUR SECRETARIAT OF
LETTER NO.SWL 104 SAD 81 DATED 16TH AUGUST AND 28TH
NOVEMBER 1984 PUBLISHED IN THE KARNATAKA GAZETTE
DATED 13/02/1986 FORWARDED TO THE GOVERNMENT OF
INDIA FOR INCLUSION OF BACKWARD TRIBES OR NON-
SCHEDULED TRIBES SUCH AS NAYAK, NAIK, BEDA, BEDAR,
VALMIKI, PARIWARA AND TALAWARA AS SYNONYMS OF
NAYAKA OR NAIKDA AT ITEM NO.38 IN THE LIST OF
SCHEDULED TRIBES FOR KARNATAKA STATE ANNEXURE-E AT
PAGE NO. (566) OF VOLUME NO.III. AND B) ISSUE AN
APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE
CONSTITUTION (SCHEDULED TRIBES) ORDER (SECOND
AMENDMENT) BILL, DATED 19/08/1991 ISSUED BY
RESPONDENT NO.1 ANNEXURE-G-1 PAGE NOS. (750 TO 774)
OF VOLUME NO.III. AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
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ORDER
The petition shorn of its bulky papers filed in PIL jurisdiction of the Writ Court has a plethora of prayers. Essentially, petitioner seeks the quashment of inter alia the Constitution (Scheduled Tribes) Order (Second Amendment) Act, 1991 & the Constitution (Scheduled Tribes) Order (Amendment) Act, 2020 to the extent they enlist certain communities such as Nayak, Naik, Beda, Bedar, Valmiki & Talawara as the Scheduled Tribes. Petitioner also seeks a direction to "respondent Nos.2 & 13 not to register case under The Protection of Civil Rights Act, 1955 from the members of Scheduled Castes against Non-Scheduled Tribes such as Nayak, Naik, Beda, Bedar, Valmiki & Talawara ...". It also seeks a direction to respondent Nos.10 & 12 restraining them from issuing Scheduled Tribe Certificates to the members belonging to Nayak, Naik, Beda, Bedar, Valmiki & Talawara communities nor to extend any reservation benefits either for education, employment, election or the like. Further, a direction is also sought against respondent Nos.9 & 14 for -6- NC: 2023:KHC:44829-DB WP No. 26836 of 2023 restraining from accepting the Scheduled Tribe Certificate issued to the members of these communities. The prayers do not end here: a direction is also sought for against respondent No.13 for restraining him from registering the criminal cases if brought by the members of these communities under the Scheduled Castes & Schedules Tribes (Prevention of Atrocities) Act, 1989 and further to direct respondent No.10 to forward a proposal to respondent Nos.7 & 8 for excluding these communities from the list of Scheduled Tribes. The last prayer is for a direction to respondent No.10 "to provide a relief to the Palamma's family (victim) as provided" under the 1989 Act.
2. Having heard the petitioner appearing in person and the learned Additional Government Advocate appearing for the respondent Nos.10 to 16, we decline indulgence in the matter inasmuch as what community needs to be enlisted as a Scheduled Caste/Scheduled Tribe is largely a matter of Legislative Policy and that the Courts -7- NC: 2023:KHC:44829-DB WP No. 26836 of 2023 cannot ordinarily intervene in the same unless the violation of constitutional provisions is demonstrated vide B.BASAVALINGAPPA vs. D.MUNICHINNAPPA, AIR 1965 SC 1269. It hardly needs to be stated that a host of factors enter the fray of legislative decision making in matters like this and that Courts are ill-equipped for undertaking their evaluation in writ jurisdiction.
3. The Apex Court from the days of RAM JAVAY KAPUR vs. STATE OF PUNJAB, AIR 1955 SC 549 has recognized the doctrine of separation of powers in the constitutional frame work. Each organ of the State has to show due deference to the decisions of co-ordinate organs as a constitutional imperative, in the fields earmarked for them exclusively. The law relating to reservation & concession enacted for the upliftment of downtrodden communities finds support of the constitutional provisions. It is the prerogative of the Parliament to legislate for the inclusion of the communities inter alia in the Constitution (Scheduled Tribes) Order Act or for exclusion from it. Writ Courts cannot run a race of opinions with the Parliament/ -8- NC: 2023:KHC:44829-DB WP No. 26836 of 2023 Legislatures, in matters like this. We find support for this broad view from the latest Apex Court decision in JAISHRI LAXMANRAO PATIL vs. STATE OF MAHARASHTRA (2021) 8 SCC 1.
4. The prayers for derecognizing the Scheduled Tribes Certificates duly issued to the members of subject communities namely Nayak, Naik, Beda, Bedar, Valmiki & Talawara cannot be granted in a wholesale way when the prayers for invalidation of the above Parliamentary legislations have not been favoured. As long as these communities continue in the legislative instruments, their members are entitled to obtain the social status certificate at the hands of competent authorities for availing the benefits of reservation/concession in the matter of education, employment, election & the like. For the same reason, they are entitled to invoke protection under the 1989 Act or other statutes by registering cases against those who commit atrocities. No direction can be issued to the Authorities not to register cases filed by them. -9-
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5. As already mentioned above, the petitioner has structured the pleadings & prayers in 2 volumes in all running into 527 pages. There is misjoinder of causes of action, prayers & parties. Ordinarily, in PIL jurisdiction the locus standi of the litigant is not much relevant; similarly the rules of pleadings also do not strictly apply. After all, the social action litigations are not treated as being adversarial. However, this does not mean that distinct causes of action on which multiple prayers are sought for can be clubbed together. PIL jurisdiction is wide like a sea, is true; however, every sea has a shore, cannot be forgotten. Much is not necessary to specify and less is insufficient to leave it unsaid.
In the above circumstances, this petition being devoid of merits is liable to be and accordingly dismissed.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE Snb, AHB