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Learned Counsel submitted that on the basis of the two circulars, it is being said that a person belonging to Beda Jangam cannot be Lingayat and a Lingayat cannot be a person belonging to Beda Jangam or Budga Jangam, because, Jangam according to the Government Circular, is a sub-caste of Lingayat. Further, the learned Counsel submitted that the Government has no jurisdiction to issue such a circular or order, because, which caste or community is to be put in the Schedule Caste list and described as Schedule Caste or Schedule Tribe, submitted by the learned Counsel, is subject to the power of the President under Clause (1) of Article 341 of the Constitution of India and later on, it is provided under Clause (2), that, parliament by law, may include or exclude the name of a community therefrom and a notification to that effect has to be issued under the law by the Government.

7. Lastly, the learned Counsel submitted that as such, the Government Circular per se appears to be illegal, null and void and ultra vires of the power of the State Government.

I have applied my mind to the contentions made before me. Jangam may be a caste or part of Lingayat's cult of devotion, even among Jangams, there may be various Jangamas known as Beda Jangama, Budga Jangama or the like. Any person may follow a cult of bhakti Veerashaiva or Lingayat are devotees of Lord Shiva. To say that a person belonging to Schedule Caste community cannot be a worshiper of Lord Shiva, is again to create a barrier to the effect, the worshipers of Lord Shiva or Lord Vishnu cannot come within the Schedule Caste list and mostly, it happens that a person may belong to Schedule Caste, but, in the matter of worship, there will be no hurdle in the way, as that would be against the intention spirit of the Constitution, as the person belonging to Schedule Caste can worship the deity according to his choice. If we look to the cultural heritage of India, Kabir has been a Ram bhakt and at times, he used to say as 'Ram Ki Duthania'. If we look to the Saint Gurunanak, a Saint, a person belonging to sikh religion, also has been discussed as worshiper of Lord Shiva, Parvati and Ram (as a Ram bhakt), sant Ravi Dass hailing from one of the Schedule Caste Communities, was also a Ram bhakt of high decree with devotion to work and to Sri. Ram.

10. These circulars appear to have been issued without any jurisdiction or power. The entire Jangamas may not be the Schedule Castes, but, there may be Jangamas, such as Beda Jangama, Budga Jangama or those specifically mentioned in the Schedule Caste Order under Item 19 of the Order issued by the President of India or as amended by the Parliament, even if they belong to Lingayat or Lingayat cult or the like, they may be said to be coming within the Schedule Caste List. The question whether a person belonged to that particular caste which finds place in the order containing Schedule Caste list or lists of the Schedule Caste persons, that is a different question that has to be examined in the light of the rule.

Thus considered in my opinion, these two circulars are illegal and ultra vires. The circulars need not be taken into consideration and I am informed that the Government has appointed a State Scrutinizing Committee on the subject to determine the case of individual whether he belonged to a particular Beda Jangama or budaga Jangama or the like communities to be included in the Schedule Caste List, The Petitioner cannot and be not prosecuted or convicted on the basis of those Circulars simplicitor until and unless that Committee investigates that question and holds that these persons really did not belong to that community. In the G.O. dated 5-10-1995, it is clearly mentioned even in respect of those, to whom endorsements have been issued like the applicants that they do not belong to Beda Jangama Caste, they should also be considered by the Scrutinising Committee without giving a decision on the question or a finding that he did not belong to that community and a decision on that question is to be given by the committee itself. So, until an order just opposite to the one granted by the Tahsildar is passed by such Committee, no prosecution need be continued nor any disciplinary proceeding be taken against petitioner on that basis of Government Order impugned.