Karnataka High Court
Hanumat vs The Chairman on 27 February, 2013
Author: Ashok B.Hinchigeri
Bench: Ashok B. Hinchigeri
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 27th DAY OF FEBRUARY 2013
BEFORE
THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI
WRIT PETITION No.9249 OF 2008(GM-CC)
BETWEEN:
Hanumant,
S/o.Yellappa Gadag,
Age: 44 years,
Occ: Service,
R/o.No.124,
'B' Pavitra,
Siddarudnagar,
Anandnagar Main Road,
Hubli - 24. ... Petitioner
(By Sri F.V.Patil, Advocate)
,
AND:
1. The Chairman,
Dharwad District Caste
Verification Committee
& Deputy Commissioner,
Dharwad.
2. The Member Secretary,
Dharwad District Caste
Verification Committee
& District Welfare Officer,
Dharwad.
3. Civil Rights Enforcement
Cel, reptd. by Superintendent
2
Of Police, M.M.Extension,
Belgaum - 16.
4. The Tahasildar,
Dharwad,
Dist: Dharwad.
5. The Director of Scheduled Tribe
Welfare and Appellate Authority,
II Floor, Krishi Bhavan,
Hudson Circle, Bangalore. ... Respondents
(By Smt.K.Vidyavathi, AGA for Respondent Nos.1 to R5)
This writ petition is filed under Articles 226 & 227 of the
Constitution of India praying to quash the order dated
26.11.2007 passed by the R5 vide Annexure-G so far as it
relates to the direction issued by the R5 to the Tahsildar to
re-examine the validity of caste certificate issued in favour of
the petitioner on 5.10.1984 in the light of the document
produced in the preamble, etc.,
This writ petition, coming on for orders, this day, the
Court made the following:
ORDER
The petitioner's grievance is over the order, dated 26.11.2007 (Annexure-G) passed by the respondent No.5 directing the Tahsildar to re-examine the validity of the caste certificate, dated 05.10.1984 showing the petitioner's caste as 'meda'. It is not in dispute that 'meda' is one of the enumerated scheduled tribes and that in the school records of the petitioner and his siblings, caste is shown as 'medara'. 3
2. Sri F.V.Patil, the learned counsel appearing for the petitioner submits that 'meda', 'medar' and 'medara' are all synonyms. The traditional occupation of the persons belonging to all these caste denominations is the same. In support of his submissions, he relies on the dictionary meaning of the words 'meda', 'medar' and 'medara' given in the Sachitra Kannada - Kannada Kasturi Kosha, published by Ramashraya Book Depot.
3. Nextly, the learned counsel brings to my notice the Constitution (Scheduled Tribes) Order (Amendment) Act, 2012 published in the Gazette of India on 31.05.2012. By virtue of the said amendment, the word 'medara' is inserted next to the word 'meda'. Pursuant thereto the Government of Karnataka has also issued notification, dated 03.07.2012 including 'medara' in the scheduled tribes' list.
4. Sri Patil submits that when the statute is modified, the modification dates back to the commencement of the parent act itself.
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5. Smt.Vidyavathi, the learned Additional Government Advocate appearing for the respondents submits that the dating back is only in the context of the substitution and not in the context of inserting a new provision. In support of her submissions, she relies on the Apex Court's judgment in the case of K.KUPPUSWAMY & ANOTHER vs. STATE OF T.N. & OTHERS reported in 1998 (8) SCC 469.
6. The question of whether the Constitution (Scheduled Tribes) Order (Amendment) Act, 2012 has to be applied prospectively or retrospectively may not arise in this case for the following two reasons:
(i) If meda, medari and medara are different names of one caste, nobody belonging to the said caste can be deprived of the benefit merely on the ground that it is called by some other name in a particular place. The dictionary to which a reference is made herienabove also shows meda, medar and medara as the synonyms. Their traditional occupation and activities are also shown to be the same. They 5 make the baskets, mats, etc. by intertwining bamboo sticks.
(ii) At Sl.No.37 of the Scheduled Tribes list for Karnataka in Appendix 1 of the Constitution (Scheduled Tribes) Order, 1950, the following are mentioned: meda, medari, gauriga, burud. The name 'medara' does not figure in the original list.
If the said caste is a different caste, the Parliament could have only inserted 'medara' at Sl.No.51 or as 37(a). On the other hand, the Parliament has prescribed that after 'meda', the 'medara' has to be inserted. Now the position of 'medara' would be that it is flanked by two names, 'meda' and 'medar'. It becomes very clear that the amendment is brought in only to avoid the confusion regarding the name.
7. I therefore allow this petition quashing the impugned order and direct the Tahsildar to revalidate and issue the petitioner's caste certificate showing his caste as 'medara', 6 one of the enumerated scheduled tribes in Appendix I of the Constitution (Scheduled Tribes) Order, 1950.
8. This petition is accordingly allowed. No order as to costs.
Sd/-
JUDGE Cm/-