The Karnataka High Court dismissed a writ petition filed under Article 226 of the Constitution of India r/w rule 14(1) of the High Court of Karnataka Rules, 2018, praying to issue an appropriate writ, order, or direction, quashing the recommendation made by the respondent no.12 government of the Karnataka through social welfare and labor secretariat of forwarded to the government of India for inclusion of backward tribes or non-scheduled tribes in the list of scheduled tribes for Karnataka. The Court observed that 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.
Brief Facts:
The 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 a 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 respondents 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 respondents Nos.9 & 14 for restraining from accepting the Scheduled Tribe Certificate issued to the members of these communities.
The Court observed that what community needs to be enlisted as a Scheduled Caste/Scheduled Tribe is largely a matter of Legislative Policy and that the Courts cannot ordinarily intervene in the same unless the violation of constitutional provisions is demonstrated. A host of factors enter the fray of legislative decision-making in matters like this and Courts are ill-equipped for undertaking their evaluation in writ jurisdiction.
The Court said that 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.
The Court further remarked that there is a misjoinder of causes of action, prayers & parties. Ordinarily, in PIL jurisdiction the locus standi of the litigant is not very relevant; similarly, the rules of pleadings also do not strictly apply. However, this does not mean that distinct causes of action on which multiple prayers are sought can be clubbed together.
The decision of the Court:
The Karnataka High Court, dismissing the petition, held that the petition is devoid of merits.
Case Title: Dr. Ambedkar Scheduled Castes Federation Karnataka v. UOI & Ors.
Coram: Hon’ble Justice Prasanna B. Varale and Hon’ble Justice Krishna S Dixit
Case no.: WRIT PETITION NO. 26836 OF 2023 (SCST-PIL)
Advocate for the Petitioner: Mr. Mahendra Kumar Mitra
Advocate for the Respondents: Mr. Aravind Kamath
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