SIDDAPPA Vs. K E B

JUDGEMENT

(1.) Petitioner is an applicant for recruitment as Assistant Engineer in the establishment of Karnataka Electricity Board-first respondent. In order to claim benefit of reservation made in favour of Scheduled Cast? and Scheduled Tribes, he produced a certificate issued by Tahsildar. Kortagere, Kortagere Taluk, to the effect that he belonged to Beda Jangam (S.C.) recognised as Scheduled caste. Both Selection Authority and Appointing Authority, insisted for production of better particulars to establish that he belonged to Beda Jangam community. In that process, a good deal of correspondence has taken place between petitioner and respondents; petitioner asserting that he belongs to Beda Jangam while respondents insisting for better particulars before taking him to service. Being unsuccessful to get an order of posting, he has approached this Court to declare paragraph-2 of endorsement dated 18-11-1978 marked as Annexure-E and that portion of the Official Memorandum dated 4-12-1978 (Annexure-F) in so far as it has insisted production of better particulars or his caste as illegal and arbitrary and to issue a writ in the nature of mandamus directing respondents to take him to duty without insisting for production of fresh caste certificate or better particulars. Scheduled Castes and Scheduled Tribes Orders Act 1976 (Act No. 108 of 1976) while amending Scheduled Castes Order of 1950 issued by the Presidert under Article 341 of the Constitution of India treated "Beda Jangam; Budga Jangam" as scheduled caste, listed at S1. No. 19 in enumeration of various castes considered as Scheduled Caste in Karnataka. In furtherance of this object, Commissioner and Secretary to Government, Social Welfare and Labour Department has issued a Circular, which reads thus :- "The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 has come into forcewith effect from 27th July 1977 by the Government of India Notification No. BC-12016/ 34/76-SCT-V, dated 27th July 1977. According to the said Act the Caste 'Beda Jangam', 'BuJga Jangam' is indicated at SI. No. 19 in the list of Scheduled Castes.

(2.) A clarification is sought whether the people belonging to Jangam, a sub-caste of the Lingayath (Veerashaiva) Community, could claim the concession and facilities afforded to the 'Beda Jangam' and 'Budga Jangam' declared as Scheduled Caste under the aforesaid Act.

(3.) It is also brought to the notice of the Government that the Officers authorised to issue caste certificates are giving caste certificates to the persons belonging to 'Jangama' as belonging to Scheduled Caste which in fact is not a Scheduled Caste in accordance with the said Act.