ALL INDIA DALIT RIGHTS FORUM Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-2019-11-14
HIGH COURT OF ANDHRA PRADESH
Decided on November 07,2019

All India Dalit Rights Forum Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents


Referred Judgements :-

E V CHINNAIAH VS. STATE OF A P [REFERRED TO]


JUDGEMENT

D.V.S.S.Somayajulu, J. - (1.)This writ petition is filed seeking the following relief:
"To issue a writ, order or direction more particularly one in the nature of the writ of Mandamus declaring the order in G.O.Ms.No.100, Social Welfare (SCP.A2) Department, dated 25.08.2019 is contrary to the provisions of the A.P.SCs Sub-Plan and Tribal Plan (Planning, Allocation and Utilization of Financial Resources) Act, 2013 and violation of Article 14 and 341 of the Constitution of India and consequently set aside the order."

(2.)With the consent of both the learned counsel appearing, namely, counsel for the petitioner and the Additional Advocate General, Government Pleader for Social Welfare and Sri P.Prudhvi Kumar for respondent No.3, the writ petition itself was taken up for hearing and disposal.
(3.)Sri B.Sesibushan Rao, learned counsel for the petitioner, argues that the impugned order which is challenged seeks to make a further classification amongst Schedule Castes and Schedule Tribes, who are a homogeneous group. Therefore, he submits that a further classification is not permissible or possible in view of the fact that under Article 341 of the Constitution of India, the President of India has already issued a notification for the purposes of reservations and appointment. Learned counsel submits that on the basis of the judgment of the Hon'ble Supreme Court of India in E.V.Chinnaiah v. State of A.P. and others, 2005 1 SCC 394 that the State Legislatures are forbidden from exclusion of a group or a part of the group from the presidential list. It is his submission that it is only the President of India who can change the notification and that the State Legislature and/or the State Government does not have the power to do so. He, therefore, submits that the impugned G.O.Ms.No.100 SW (SCP.A2) Department dated 25.08.2019, which sets up Three Corporations viz., A/P.Mala Welfare Corporation, A.P.Madiga Corporation and A.P.Relli and others Corporation as illegal. Learned counsel also draws the attention of this Court to the A.P. Scheduled Casts Sub-Plan and Tribal Sub-Plan (Planning, Allocation and Utilisation of Financial Resources) Act, 2013 and argues that basing on the 2011 census, funds have already been earmarked for the Schedule Castes and Schedule Tribes and modalities are also provided for the distribution of the funds. Relying on various sections of this Act, learned counsel argues that this Act, by itself, will meet the requirements and that by further creating Three Corporations, the State is trying to creating a group within homogenous group. He argues that this action of the State is totally contrary to Article 341 of the Constitution of India and also the judgment relied upon by him. He points out that executive action cannot be taken in this area as the field is occupied by Act 1 of 2013.
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