CIC/SA/A/2015/000827. Case: Sultan Singh Vs PIO, Sub Divisional Magistrate (Punjabi Bagh). Central Information Commission
| Case Number | CIC/SA/A/2015/000827 |
| Counsel | For Appellant: Party-in-Person and For Respondents: C.L. Meena and Kishori Lal, UDC |
| Judges | M. Sridhar Acharyulu, Information Commissioner |
| Issue | Constitution Of India - Articles 15(4), 16, 16(4), 29, 330, 332, 338(9), 341, 341(1), 366, 366(24) |
| Judgement Date | August 17, 2015 |
| Court | Central Information Commission |
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Decision: M. Sridhar Acharyulu, Information Commissioner 1. Appellant is present. Mr. C.L. Meena and Mr. Kishori Lal UDC represent Public authority. FACTS: 2 Appellant through his RTI application sought action taken report on his various applications enclosed with RTI. As no reply received from PIO & FAA, appellant approached the Commission. Proceedings Before the Commission 3. Appellant is questioning why the name of the 'caste' has been changed from Chamar to Jatav, while issuing the caste certificates to Scheduled Castes. His complaint is that persons belonging to Chamar are not getting certificates with that caste, instead of that, they are certified as Jatav. Appellant wanted the reasons for the same. Respondent authority stated that by the order dated 27.07.2011 castes of Sumar/Chamar, Chuhra and Kanjar had been incorporated in the group of 'Jatav'. Prior to this circular, Sumar/Chamar, Chuhra and Kanjar were given certificate in their respective caste. After this circular they are getting certificates in name of Jatav caste. The CPIO stated that in 2012 a notification issued which clearly stated that Chamar group was replaced with Jatav. 4. The appellant questioned if they are deleted from Sumar/Chamar, Chuhra and Kanjar caste, what is their caste status and what should be name of their caste if they are not certified with those approved names. The SDM (Punjabi Bagh) does not have any information about this. The officer stated that Chamar being a derogatory word, it was deleted from the list of caste and now people belonging to Sumar/Chamar, Chuhra and Kanjar caste are being issued certificates in the name of 'Jatav'. Appellant also has presented several instances where Chamars are given Jatav Certificate. They have strongly objected to it. 5. Certifying a person as belonging to his particular caste is a very important aspect, which cannot be taken lightly. Especially when Constitution guaranteed certain reservations and privileges to backward classes by defining scheduled castes and scheduled tribes, the persons belonging to these castes cannot be denied with their caste certifications. There are several constitutional privileges provided for the backward classes, which are given on the bases of caste certificate. They are as follows: "Article 15(4) of Constitution Of India says: (4) Nothing in this article or in clause (2) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. Article 16(4) says: (4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State. The objective of the Constitution (85th Amendment) Act, 1995 was states as: The Scheduled Castes and the Schedule Tribes have been enjoying the facility of reservation in promotion since 1955. The Supreme Court in its judgment dated 16th November 1992, in the case of Indra Sawhney and others v Union of India and others, however, observed that reservations off appointments or posts under Article 16(4) of the Constitution is confined to initial appointments and cannot extend to reservation in the matter of promotion. The ruling of the Supreme Court will adversely affect the interests of the Scheduled Castes and Scheduled Tribes. Since the representation of the Scheduled Castes and Scheduled Tribes in services in the States have not reached the required level, it is necessary to continue the existing dispensation of providing reservation in promotion in the case of the Scheduled Castes and Scheduled Tribes. In view of the commitment of the Government to protect the interest of the Scheduled Castes and Scheduled Tribes, the Government have decided to continue the existing policy of reservation in promotion for the Scheduled Castes and the Scheduled Tribes. To carry out this, it is necessary to amend article 16 of the Constitution by inserting a new clause (4A) in the said article to provide reservation in... |
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