Director of Tribal Welfare Vs. Laveti Giri & Ors  INSC 261 (10 March 1997)
RAMASWAMY, G.T. NANAVATI
O R D
E R In Kumar Madhuri Patil v. Addl. Commissioner, Tribal Development[(1964)
6SCC 241], this Court had issued guidelines for the officers to issue caste
certificates to the scheduled Castes and scheduled Tribes for the purpose of
admission to educational institutions and also employment to a post or office
under the state. When the similar matter, viz, Director of Tribal Welfare,
Government of A.P v. Laveti Giri & Anr. [(1995)4 sec 32] had come up before
the Court, thie court reiterated the guidelines in paragraph 7 indicating the
manner in which the applications were required to be disposed of. In paragraph
8, also it was indicated that the Government of India would come forward with
uniform legislation and necessary guidelines prescribing penal action against
persons who violate such guidelines or obtain false caste certificates, which
is a fraud on the constitution and defeat the constitutional objectives.
Andhra Pradesh State Legislature has enacted the Andhra Pradesh( scheduled
Castes Scheduled Tribes and Backward Classes) Regulation of Issue of Community-
Certificates Act, 1993 (16 of 1993) (for short, the 'Act') which came into
force with effect from september8,1993. The above Act came to be made pursuant
to a direction issued by the Andhra Pradesh High Court. The Act regulates isuance
of community certificates to the Scheduled Castes, Scheduled Tribes and
Backward Classes (for short, the 'Dalits' , 'Tribes' and 'OBC'). Section 3
prescribes procedure for making application. Section 4 prescribes competent
authority to issue such certificataes, section 5 prescribes procedure for canceellation
of the false certificates.
6 lays the burden of proof of status of caste on the claimant. Section 7
provides for right of appeal and review.
8 gives power of revision to the Government in the prescribed manner.Section 9
gives power to the competent authority to avail the appropriate provisions in
C.P.C while conducting the enquiry. Sections 10 to 16 deal with the penalties,
offences and also the trial and cosequent punishment etc. thereoof . Section 17
bars the jurisdiction of the Civil Court to
take cognizance of the matters coming under the Act or the power to issue any injuction
in that respection. Section 18 prorects the officers who act in good faith.
Section 19 gives overriding power over other laws and section 20 gives the rule
making power to the state Government.
petitioner has filed the present application for directions or clarifications,
since, according to the petitioner, the guidelines issued by this court are
required to be worked out within the framework of the above Act . Accordingly,
by order dated August 20, 1996, this Court directed the state Goverment to make
rules in conformity with the Act and the guidelines issued by this Court , as
far as possible, they need to be in line therewith. If they are not in conformity
, then the matter can be looked into after the rules are made part of the
record. In frutherance thereof, the A.P Scheduled Castes, Scheduled Tribes and Backword
classes Rules for Issue of Community Certificates, 1997 (Draft Rules) have been
1 to19 deal with the manner, method and issuance of the certificates,
cancellation of false certificates, cancellation of false certificates,
procedure for verification, burden of proof of the claims, scrutiny and review
by the committees. Rules 7 and 8 are relevant for this purpose .
provides for constitution of Scrutiny and Review Committee at the State level
and Rule 8 deals with Scrutiny Committee at the District Level.
are as under:
Scrutiny and Review Committee (state level):
Scrutiny and Review Committee shall be constituted at the stated level with the
Principal secretary to Government -- Chairman 2) Commissioner, social Welfare
-- Member 3) Commissioner, Tribal welfare -- Member 4) Commissioner, Welfare of
Backward Classes -- Member 5) Inspector General of police, C.B.C.I.D.(P.C.R
& Vigilance Cell) -- Member 6) Additional Secretary / Joint Secretary/
Deputy Secretary to the Government social welfare Department - Member b). This
Scrutiny and Review Committee shall meet once in there months or as often,
depending on the necessity.
Presence of three members will form the required quorum for the meeting of the
This Committee shall review and monitor the functioning of the Scrutiny
Committees at the District level(constituted under Rule 8), it shall render
necessary advice to the Government on various policy decisions to be taken for
streamlining the procedures or on any other issues related to the issuing of
Community Certificates as Per Act 16 Of 1993.
The Committee may also render necessary guidance and advice to the Government
on cases referred to it, where divergent and conflicting enquiry reports are
received by the Government, in respect of the community claims.
SCRUTINY COMMITTEE (DISTRICT LEVEL) a). In every District, a Scrutiny Committee
shall be constituted with the following officers:-
Joint collector -- Chairman
District Revenue Officer -- Member (Convenor)
Deputy Director -- Member (social Welfare) Deputy Director (Tribal Welfare)/
District Tribal Welfare officer.
Director -- Member (Backward Classes welfare)/ District Backward Classes
Officer of the Research -- Member Organisation in the Commissionerate of SW/TW
nominated by the concerned Heads of the Department.
Officer representing the PCR/ -- Member Vigilance Cell in the District (b) The
Scrutiny Committee shall meet at least once in a month or as often, depending
the case referred to it.
Presence of three members will from the required quorum for the meeting of the
(1) The Scrutiny Committee, on receipt of the cases referred to it by the
Competent Authority under Rule 5(i), shall conduct enquiry regarding the
doubtful within the period specified in the notice. This period should not be
less than 15 (fifteen) days from the date of service of the notice on the
applicant and in no case, on request, more than 30 (thirty) days should be
allowed. This notice shall be served on the applicant through the Competent
Authority who referred the case to the committee.
The notice referred to in Form - V shall be served on the parent/guardian in
case the applicant is a minor.
Where the person on whom a notice in Form-V is served by the scrutiny Committee
fails to respond on the data mentioned in the notice, the Scrutiny Committee
May finalise its recommendations based on the material/documents/evidence made
available to the Committee by the Competent Authority.
The Scrutiny Committee shall cause enquiry, following the due process of law,
to verify the genuineness or otherwise of the information furnished or recorded
from such persons as called in enquiry as per Form V. It shall also cause to
collect documentary evidence/ or any other related evidence about the
correctness or otherwise of the information furnished or objections raised by
any person during the enquiry.
The Scrutiny Committee may examine the school records, birth registration
certificates, if any, furnished by the persons during the enquiry. It may also
examine any other person who may have knowledge of the community of the applicant
. With reference to the claims of Scheduled Tribes, it may examine the anthripolotical
and ethnological traits, deity, rituals, customs, mode of marriage, death
ceremonies/method of burial of dead bodies etc., of that particular tribe, to finalise
its recommendations to the Competent Authority.
The Scrutiny Committee should give reasonable opportunity to the applicate to
produce evidence in support of their claim. A public notice by the beat of drum
or any other convenient mode, may be published in the village or locality of
the applicant and if any person or association, opposes such a claim,
opportunity produce evidence in person before the committee may be given to him
or her. After giving such an opportunity to that person, the Committee may made
such enquiry as it deems expedient and finalise its recommendations, with brief
reasons in support thereof, to the Competent Authority.
The Scrutiny Committee may examine the report of enquiry conducted by the
Revenue Department furnished to it by the Competent Authority. it may also
obtain expert opinion from the Commissionerate if SW/TW through the officers of
the Research organisations of these Commissionerates who are the members of the
Scrutiny Committee, if deemed necessary. These enquiry reports may be compared
and then recommendations of the Scrutiny Committee may be finalised as to
whether the community claim of that applicant is found to be false or genuine.
Chairman of the Scrutiny Committee claim of the person in question or his or
her children, is genuine or false with reasons thereof, within 45 days from the
date of the receipt of the case referred to it by the Competent
Authority." Provisions have ben made for appeals and review etc.
Prescribes action in case of false claims. Validity of Integrated Community
Certificate has been dealt with in Rule 16. In case of loss of the original,
Rule 17 empowers the officers to issue duplicate caste certificate. Rule 19
deals with Provisional admission or appointment pending the issuance of the
caste certificates. Rule 20 repeals the existing Rules. Rule 21 saves the
action taken etc.
have been appended to supplement the rules.
reading of the Rules would indicate that except some variation, in the matter
of the constitution of Committees, in Rules 7 & 6 from the guidelines
issued, all other provisions are in conformity with the guidelines issued by
Shri Rao seeds to contend that notice may be issued to the central Government
and other state Governments to make rules on par with above for finalisation of
the rules so as to be uniformly applicable throughout the country, we think
that we need not undertake such exercises.
would be for the Central Government to appropriately deal with the matter by
giving some leverage to the State Government to modulate the rules conformable
to the above law and the guidelines, as far as possible, to suit the conditions
prevailing the state concerned so that they could be worked out in systematic
manner without any difficulty in implementation.
the circumstances, we are of the view that the draft rules placed before us are
substantially conformable to the directions issued by this Court . We,
therefore, direct the State Government to have them published in the State
Gazette and enforce the Act and the Rules in the light of the law laid down by
application is accordingly ordered.
Pages: 1 2