S. Swvigaradoss
Vs. Zonal Manager, F.C.I [1996] INSC 137 (25 January 1996)
Ramaswamy,
K.Ramaswamy, K.G.B. Pattanaik (J)
CITATION:
1996 AIR 1182 1996 SCC (3) 100 JT 1996 (2) 182 1996 SCALE (2)11
ACT:
HEAD NOTE:
O R D
E R
The
petitioner's parents initially belonged to Adi- Dravida by caste hailing from Kattalai
village in Tirunelveli District, Tamil Nadu. Admittedly, before his birth, they
had converted into Christian religion. He was born on May 7, 1941. He joined the service of the Food Corporation of India on March 7, 1968 as Assistant Grade-I.
Subsequently,
he had married on February
14, 1969 according to
Christian rites in a Church. On these facts, notice was given to the petitioner
to show cause how the petitioner would be entitled to benefits and privileges
extended to the Scheduled caste candidates in future. Challenging it, he filed
a suit. His case is that he was baptized when he was a minor. After he became
major, he is continuing as a Adi- Dravida. The trial Court though decreed the
suit, on appeal it was reversed and in S.A. No.270/84, the High Court confirmed
the same. thus this Special Leave Petition.
It is
contended for the petitioner that though he was born of Christian parents, but
with their consent, he got converted to Hindu at the age of 14 and on such
conversion, he became Adi-Dravida and consequently entitled to the status of
'Scheduled Caste'. Therefore, he is entitled to the status as a Scheduled
Caste. Article 366 (24) of the Constitution of India defined Scheduled Caste as
under:
"Art.366(24)
Scheduled Caste means such castes, races or tribes or parts of or groups within
such castes, races or tribes as are deemed under Article 341 to be Scheduled
Castes for the purposes or this Constitution." Article 341(1) empowers the
President of India to specify, in consultation with the Governor of the State,
with respect to the State or Union Territory, or for a part of the State,
District or region by public notification specify castes, races or tribes or
parts of or groups within castes, races or tribes which shall for the purposes
of the Constitution be deemed to be 'Scheduled Castes' in relation to the State
or Union Territory as the case may be, Sub-Article (2) empowers the parliament
by law to include in or exclude from the list of Scheduled Castes specified in
the notification issued under clause (1) any caste, race or tribe or part of or
group within any caste, race or tribe, but save as aforesaid a notification
issued under the said clause shall not be varied by any subsequent notification.
In other words, the Constitutional mandate is that it is the President who is
empowered, in consultation with the Governor of the State, to specify by a
public notification the caste, race or tribe or parts or groups within castes,
races or tribes which shall for the purposes of the Constitution be deemed to
be Scheduled Castes in relation to that State or Union Territory.
In B. Basavalingappa
v. D. Munichinnappa [[(1965) 1 SCR 316] the Constitution [Scheduled Castes]
Order, 1950 specified Bhovi caste as a Scheduled Caste. The respondent, a Voddar
by caste contested election as a Scheduled-Caste Bhovi. A Constitution Bench
examined the scheme of Article 341 and upheld the contention of the appellant
that in view of the stringent provisions of the Constitution with respect to a
notification issued under clause [1], it is not open to anyone to include any
caste as coming within the notification on the basis of evidence - oral or
documentary if the caste in question does not find specific mention in the terms
of the notification, it was not open, therefore, to give evidence that a
particular caste was a Scheduled Caste not mentioned in the 1550 Order.
In Bhaiyalal
v. Harikishan Singh & Ors. [(1965) 2 SCR 874] wherein the same question had
arisen, another Constitution Bench had held that in specifying castes races or
tribes under Article 341 [1] of the Constitution, the President has been
expressly authorized to limit the notification to parts of or groups within the
caste, race or tribe to be Scheduled Caste by including them in the Order.
That
would be applicable in relation to the entire State or in relation to parts of
the State where the President is satisfied that on examination of the social
and educational backwardness of the race, caste or tribe justifies such
specification.
In Srish
Kumar Choudhury vs. State of Tripura & Ors. [1990 supp. SCC 220] a
three-Judge Bench was called upon to consider whether Laskar community in State
of Tripura is a Scheduled Tribe. After
examining the scheme of the Constitution it was held that though evidence may
be admissible to verify the entries in the Presidential Order to find a
caste/tribe included in a particular tribe or caste, tribal communities, the
admissibility of the evidence is confined within the limitations enacted in the
order. It was not open to the Court to make any addition or subtraction from
the Presidential Order.
In Kumari
Madhuri Patel & Ors vs. Addl Commissioner, Tribal Development & Ors.
[(1994) 6 SCC 241], a two-Judge Bench further considered whether Kolis, a
Backward Class in Maharashtra would be declared as Mahadeo Koli, a Scheduled
Tribe in Maharashtra. It was held that after the amendment under Scheduled
Castes and Scheduled Tribet Order [Amendment Act], 1976, no substraction or
addition to it by way of declaration of castes, tribes or sub-caste, parts of
or groups of tribes or tribal community is permissible. and that the
Presidential notification, subject to the amendment by Parliament, is
conclusive.
The
Courts, therefore, have no power except to give effect to the notification
issued by the President. It is settled law that the Court would look into the
public notification under Section 341(1) or 342(1) for a limited purpose. The
notification issued by the President and the Act of the Parliament under
Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1976 and the
Schedules appended thereto can be looked into for the purpose to find whether
the castes, races or tribes are parts of or groups within castes races or
tribes shall be Scheduled Castes for the purposes of the Constitution. Under
the Amendment Act, 1976, again the Parliament has included or excluded from
schedules appended to the Constitution which are now conclusive. Schedule I
relates to Scheduled Castes and Schedule II relates to Scheduled Tribes.
Christian is not a Scheduled Caste under the notification issued by the
President. In view of the admitted position that the petitioner was born of
Christian parents and his parents also were converted prior to his birth and no
longer remained to be Adi Dravida, a Scheduled Caste for the purpose of Tirunelveli
District in Tamil Nadu as notified by the President, petitioner cannot claim to
be a Scheduled Caste. In the light of the constitutional scheme civil court has
no jurisdiction under Section 9 of CPC to entertain the suit. The suits
therefore, is not maintainable. The High Court,therefore, was right in
dismissing the suit as not maintainable and also not giving any declaration
sought for.
The
SLP is accordingly dismissed.
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