BALDEV SINGH Vs. TAHSILDAR

JUDGEMENT

(1.) The petitioner a 'Jat Sikh' was elected as a member of Zila Panchayat, Rampur. In the election held for various panchayats in the State in June, 2000, in accordance with Section 18 (1) (b) of U. P. Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 (hereinafter referred to as the Zila Panchayat Adhiniyam). The office of Adhyaksha of Zila Panchayat. Rampur, has been reserved for a person belonging to backward class in accordance with Section 19A of the Adhiniyam. The petitioner wanted to contest the election for the office of Adhyaksha and for that purpose, he moved an application on July 10. 2000 before the Tehsildar of his area for being issued a certificate that he belongs to a backward class. The Tehsildar directed an enquiry and after receiving a report passed an order on July 11. 2000. holding that the petitioner did not belong to backward class. The present writ petition has been filed praying that the order of the Tehsildar be quashed and a writ of mandamus be issued to the respondents commanding them to issue a certificate to the effect that the petitioner belongs to backward class.

(2.) Section 2 (8) of Zila Panchayat Adhiniyam provides that 'backward classes' in the Act shall have the meaning assigned to it in U. P. Panchayat Raj Act, 1947. Section 2 (bb) of U. P. Panchayat Raj Act defines 'backward classes' and it means the backward class of citizens specified in Schedule-1 of the U. P, Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act. 1994 (hereinafter referred to as the Act). Section 2 (b) of this Act lays down that for the purposes of the Act. 'Other Backward Classes of citizens' mean the backward classes of citizens specified in Schedule-I. At the time when the Act was originally enacted. Schedule 1 contained names of 55 castes, which were recognised as backward classes. Subsequently, by notifications Issued from time to time, some more castes were added and finally by a notification issued on May 10. 2000. 'Jat' has been included as item No. 78.

(3.) The claim of the petitioner for being issued a certificate of backward class is founded on the aforesaid entry 78 whereby 'Jat' has been included as a backward class. The case of the petitioner is that as he is a 'Jat Sikh', he comes within the aforesaid entry of Jat and he is entitled for being Issued a certificate that he belongs to backward class. Sri Murlidhar, learned senior counsel for the petitioner, has contended that the preamble of the Constitution lays emphasis on securing to all citizens justice, social, economic and political and also equality of status and of opportunity and this is sought to be achieved by Article 38, which finds place in Part IV relating to Directive Principles of State Policy, and with that end in view Section 19A has been inserted in the Zila Panchayats Adhintyam, which provides that the office of the Adhyaksha of the Zila Panchayats shall be reserved for persons belonging to the Scheduled Castes, Scheduled Tribes and the Backward Classes. The Schedule of the 1994 Act enumerates the castes, irrespective of religion of the person of that caste and, as 'Jat' has been notified as a backward class, the petitioner who is a 'Jat Sikh' is entitled to be issued a certificate of backward class in order to enable him to contest the election of Adhyaksha of Zila Panchayat of his district which has been reserved for a person belonging to the said class. The learned Advocate General has, however, submitted that the castes designated as backward classes and included in Schedule 1 of 1994 Act have been identified on the basis of religion and entry 78 which mentions 'Jat' means a Hindu Jat and not a Sikh Jat.