A. Lakshmana Rao, J.:— W.P No. 7548 of 1983 was filed by Sri Nagam Chandrasekhara Lingam who was selected in the year 1981 by the Union Public Service Commission for appointment in the Indian Administrative Service. He was not called for training along with other selected candidates. As such he filed this writ petition seeking a declaration that he is entitled to be sent for training. Subsequently, he filed W.P No. 7356 of 1984, questioning the validity of G.O.Ms No. 51, Social Welfare (J) Dept., dated: 20-3-84 issued by the Government of Andhra Pradesh by which the social status certificate issued to him on 27-10-1980 as belonging to the Beda Jangam community, a scheduled caste was cancelled. The Andhra Pradesh Beda Jangama Sangam and two others filed W.P No. 10302 of 1984 seeking a declaration that G.O.Ms No. 51, Social Welfare (J) Department dt. 20-3-1984 and the Memo No. 543.J2/84-1, dated: 3-4-1984 issued by the Government of Andhra Pradesh are null and void. By the said memo the concerned Revenue and Social Welfare authorities in the districts were directed to cancel the false certificates obtained by the Jangams as belonging to Beda Jangam Community and proceed against them criminally also besides withdrawing their educational seats and cancelling the jobs given under reservation. The authorities were further directed to recover the scholar-ships given earlier to such persons.

2. Under the Scheduled Castes and Scheduled Tribes (Modification) Order, 1956 Beda (Budga) Jangam community in Telangana region was enumerated as a Scheduled caste and included in the list of Scheduled castes. In the year 1976 the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1976 was enacted. By virtue of the said Act the area restriction imposed under the earlier Scheduled Castes and Scheduled Tribes (Modification) Order, 1956 in respect of Beda (Budga) Jangams was removed and the castes Beda Jangam and Budga Jangamwere declared as Scheduled Castes throughout the State of Andhra Pradesh. The Governor of Andhra Pradesh issued GOMs No. 838 dt: 15-12-77 amending the rules in part-I of the AP State and Subordinate Service Rules with effect from 27-7-77. As per this amendment Beda Jangam Budga Jangam Mala and Jangam communities were notified as scheduled castes throughout the State of AP. Sri Nagam Chandrasekhara Lingam, the petitioner in WP Nos. 7548 of 1983 and 7356 of 1984 obtained a certificate dt: 27-10-80 from the Tahsildar, Ongole that he belongs to Beda Jangam community, a scheduled caste. He enclosed this certificate to the application for selection to the Indian Administrative Service. He was selected in 1981 against a post reserved for scheduled castes. Subsequent to his selection a representation was made in writing to the Central Government by one Sri Vijaya Kumar, President Ambedkar Mission, Visakhapatnam stating that the petitioner belongs to Jangam caste which is one of the backward castes in the State and he does not belong to Beda Jangam caste which is one of the scheduled castes in the State. That representation was forwarded to the State Government for purpose of taking appropriate action in the matter. Thereafter, the State Govt. directed the Collector, Prakasam District to enquire into and submit a report whether the petitioner belongs to Beda Jangam Community or not. The learned Government Pleader appearing for the State Government has produced the relevant records. It is seen from the records that the Collector, Prakasam district in D.O.Rc No. 3269/83 E-2 dated 21-4-1983 submitted a report to the State Government stating that the petitioner belongs to Beda Jangam community. On the basis of this report Sri V. Chandra Mowli the then Secretary to the Government of Andhra Pradesh, Social Welfare Department informed the Government of India in his DO Letter No. 1124-J2/82-8 dated: 23-5-1983 that “the detailed enquiry of the District Collector of Prakasam District reveals that Sri N. Chandra Sekhara Lingam belongs to ‘Beda Jangam’ community which is the Scheduled Caste through out the State of Andhra Pradesh. On a further representation to the Central Government by the Andhra Pradesh Scheduled Castes Welfare Association that some persons belonging to Jangam community in the district of Prakasam obtained false certificates as belonging to Beda Jangam community which is a Scheduled caste in Andhra Pradesh and that Sri Chandrasekhara Lingam produced one such false certificate as belonging to the scheduled caste of Beda Jangam and qualified in the Indian Administrative Service Examination in the year 1981 against a vacancy reserved for Scheduled castes, the Central Government forwarded the representation to the State Government and requested them to conduct a thorough enquiry into the matter. Consequently, the State Government appointed on 28-1-84 Sri T. Muni Venkatappa the then Commissioner of Welfare, Social Welfare Department, Government of Andhra Pradesh to conduct a de novo enquiry and submit a report. The record reveals that the terms of enquiry are as follows:

i) Whether Sri Lingam, his parents, the members of his family and near relatives are treated as untouchable by the caste Hindus:

ii) In what village or villages his parents, members of his family and near relatives are living:

iii) Whether all of them in that village are living in separate colony along with the other Scheduled castes:

iv) whether they along with the other SCs. in the colony are drawing water from their own wells or drawing water from the wells situated in the caste Hindu locality;

v) Whether they are prohibited or permitted from entering into temples and coffee hotels:

vi) The enquiry officer should record the statement of the near relatives and neighbours and others living in the locality or in the colony.

vii) When the enquiry officer proceeds for enquiry he should give notice to Sri Chandra Sekhara Lingam and he should record the statement of the persons in his presence. He should also be asked to produce the persons whom he desires to be examined.

3. The Commissioner, Social Welfare Department issued notice to the petitioner Sri Chandrasekhara Lingam and conducted the enquiry from 7-3-1984 and submitted a report dated 18-3-1984 to the State Government stating that the Jangam community in Prakasam district does not have the disability of untouchability and the Jangams of the District are not Beda (Budga) Jangams. It is mentioned that Sri Chandrasekhara Lingam does not belong to the Scheduled caste of Beda Jangam and as such his social status certificate deserves to be cancelled. The Commissioner suggested that similar false certificates obtained by others also should be cancelled. On the basis of this report, the State Government issued the impugned GOMs. No. 51, Social Welfare (J) Department dt: 20-3-1984 cancelling the social status certificate issued on 27-10-1980 in favour of Sri N. Chandrasekhara Lingam by the Tahsildar, Ongole. The State Government also issued memo. No. 543.J2/84-1 dt: 3-4-1984 directing the Revenue and Social Welfare authorities in the districts to cancel the false certificates obtained by Jangams as belonging to Beda Jangam community and to proceed against them criminally besides withdrawing their educational seats and cancelling the jobs given under reservation. The authorities were also directed to recover the scholarships given earlier to such persons. In these three writ petitions, the Andhra Pradesh State Scheduled Castes Welfare Association got itself impleaded as party respondent and in WP No. 7548 of 1983 the Andhra Pradesh State Beda Jangama Sangam got itself impleaded as a party respondent. Whereas it is strenuously ascerted that Sri N. Chandra Sekharalingam belongs to Beda Jangam community, a schedule caste in the State, it is emphatically denied by the State Government as well as the AP. Scheduled Castes Welfare Association that he belongs to the said Scheduled caste. The plea of the petitioners that the caste of Sri N. Chandrasekhar Lingam and others belonging to his caste in Prakasam district was loosely described in the school certificates and service records as ‘Jangam’ and in fact they belong to Beda Jangam community a scheduled caste is opposed by the respondents stating that they belong to Jangam community which is a Backward caste in the State and not to Beda Jangam Community which is a scheduled caste. It is submitted on behalf of the respondents that Sri N. Chandrasekhara Lingam and some others who belong to Jangam community procured false certificates as belonging to Beda Jangam community by misleading the concerned authorities and thereby illegally derived the Constitutional benefits granted in fevour of the members of the Scheduled castes by depriving them of their legitimate rights.

4. The first question that arises for consideration in these writ petitions is whether Sri N. Chandrasekhara Lingam belongs to Beda Jangam community, a scheduled caste or not. It is an admitted fact that in the school as well as college records his community was described as “Jangam”. According to him it is a loose description of his community and as a matter of fact there are four sub-castes in the Jangam Community and they are 1) Beda Jangam 2) Budga Jangarti 3) Mala Jangam and 4) Jangam. He states that the traditional occupation of Beda Jangams is to perform funeral rites in villages and his fore fathers used to officiate as priests at the death ceremonies. It is averred that all persons belonging to any of the sub-castes are being called as Jangam without reference to the sub-caste. The petitioner claims that he belongs to the sub-sect of Beda Jangam having regard to the traditional occupation of performing funeral rituals by his fore fathers and as such he is a member of the scheduled caste. The Andhra Pradesh Beda Jangam Sangam, the petitioner in WP No. 10302 of 1984 is a body registered under the Societies Registration Act, 1860 on 17-11-1982. According to it there are about 15000 Beda Jangams in the State of Andhra Pradesh and they constitute a different and distinct sub-sect of Jangams. It is described that the occupation of the fore fathers of the members of the sub-sect was to officiate as priests in the house holds of Malas Madigas.

5. Sri B. Rama Raju, Professor, Department of Telugu, Osmania University in his book Telugu Janapada Geya Sahityam has written that Jangams are known as Budga Jangams in Telangana areas, Budga is described as a musical instrument used by them while singing songs or narrating stories (2nd Edn. p. 805). In the book ‘Vignana Sarwaswam’ published by Telugu Basha Samithi, Madras it is written in volume 4 dealing with Telugu culture that Jangams are known as ‘Budaga Jangams’. It is said that they seek alms from Saivaites of all castes, in Telangana regions Budiga Jangams are said to seek alms from Balijas, Vaisyas and members of “panchadaya castes”. They dire only in the houses of Brahmana, Kshatriya and Vaisya. In her book ‘Telugu Janapada Geya Gadhalu’ Dr. Nayani Krishna Kumari point out that the word “Jangam” does not mean a particular caste but refers to a group of devotees. She states that the word means “follow veera Saivaita”. (page 21 1st Edition). A reference is made to the Ethnographic notes on some of the schedule castes contained in volume 2 Part-VB(10) Census of India, 1961 wherein it is stated at page 1 that “………very little is known about the origin of Mala Jangams. They are generally called Jangam or Jangalu. ‘Jangam’ literally means motion and is applied to these priests who are regarded as living symbols of God Siva”. It is described as “a priestly class since they officiate over the festivals and ceremonies of the Saivaite section of Malas. They do not officiate over the ceremonies and festivals of other scheduled castes.”. It is stated that Mala Jangams are different from Malas and claim supercity over Malas. The Andhra Pradesh Backward Classes Commission constituted by the State Government in GOMs. 870 Education dated 12-4-1968 under the Chairmanship of Justice Sri Manohar Pershad recommended for inclusion of a sub-sect of Jangams whose traditional occupation is begging, in the list of backward classes. The recommendation is in the following terms:

“jangam: This community is known as Jangamadevarulu and Jangama Ayyalu. It is also knows as “Lingayats or Veerasaiva” in the coded districts of Andhra Area. “Jangam” is a sub-division of Lingayats. They practice Veera-saiva religion. They are highly religious. They wear lingam on their bodies. They offer food to the Lingam Before they eat. They are considered religiously inferior to brahmins even though they wear the sacred lingam. They were treated as Pujaris or Gurus a and they are treated well socially. They do not either interdine or inter-marry with other communities. They are strict vegetarians. They officiate in cremation ceremonies of Saivites belonging to Kummari, Sali, Munnurkapus etc.,

They are religious gurus of the Lingayats and they also officiate as priests in ceremonies of Saivites belonging to certain sudra communities like Kummari, Munnurkapu, Salis etc. They are very orthodox and lead a life of austerity. They are respected in society. Some are now engaged in several other occupations viz., sale of flowers to the deities, tailoring, village priesthood, agricultural labour etc. The student population in X and XI classes in 1968-1969 is quite satisfactory for the whole community. Hence they cannot be considered as socially or educationally backward.”

6. The recommendation was accepted by the State Government and the community “Jangam whose traditional occupation is begging” was included in the list of backward classes (Group-A).

7. It is stated that on the basis of a representation made by the AP Beda Jangama Sangham to the State Government bringing to their notice the difficulties faced by the Beda Jangams in obtaining certificates as belonging to Beda Jangama community the Director of Social Welfare issued proceedings dated 16-4-1982 to all the Collectors to issue social status certificates to those belonging to Beda Jangam community which is a scheduled caste and accordingly certificates are being issued to them. The learned counsel has drawn our attention to the points formulated by the Central Government for guidance of the authorities to issue scheduled caste certificate. They are contained in the “Brouchure on reservation for scheduled castes and scheduled tribes in services” compiled and Published by the Government of India (1982 Edition). The Central Government emphasized the need for a proper verification by the concerned authority before issuing a social status certificate as belonging to a scheduled caste or tribes. The guide lines provided in appendix 16 are as follows:

“1) General (Applicable in all cases), where a per on claims to belong to a scheduled Caste or a Scheduled Tribe by birth it should be verified:—

i) that the person and his parents actually belong to the community claimed;

ii) that this community is included in the Presidential Orders specifying the Schedule Castes and Scheduled Tribes in relation to the concerned State;

iii) that the person belongs to that State and to the area within that State in respect of which the community has been scheduled.

iv) if the persons claims to be a Scheduled Caste, he should profess either the Hindu or the Sikh religion;

v) if the person claims to be a Scheduled Tribe, he may profess any religion

2) Cases of Migration:

(i) Where a person migrates from the portion of the State in respect of which his community is scheduled to another part of the same State in respect of which his community is not scheduled he will continue to be deemed to be a member of the Scheduled Caste or the Scheduled Tribe, as the case may be, in relation to that State;

(ii) Where a person migrates from one state to another he can claim to belong to a Scheduled Caste or a Scheduled Tribe only in relation to the State to which he originally belonged and not in respect of the State to which he has migrated.”

8. The authorities competent to issue certificates are specified in appendix 15 and they are:

1. District Magistrate/Additional Magistrate/Collector/Deputy Commissioner/Additional Deputy Commissioner/Deputy Collector/1st Class Stipendary Magistrate/City Magistrate/Sub-Divisional Magistrate/Taluka Magistrate/Executive Magistrate/Extra Assistant Commissioner.

2. Chief Presidency Magistrate/Additional Chief Presidency Magistrate/Presidency Magistrate.

3. Revenue Officer not below the rank of Tahsildar.

4. Sub-Divisional Officer of the area where the candidate and/or his family normally resides.

5. Administrator/Secretary to Administrator/Development Officer (Lakshdweep Islands).

9. It is submitted by the learned counsel for the petitioners that the concerned competent authorities issued the certificates in favour of Sri Chandrasekhara Lingam and other as belonging to Beda Jangam community after due verification.

10. The allegations made in the affidavits that Sri N. Chandrasekhara Lingam and others referred to therein belong to Beda Jangam community are denied by the respondents. Relying on the report submitted by the Commissioner Social Welfare Department the learned Government Pleader has submitted that Chandrasekhara Lingam does not belong to Beda Jangam community and that of such community exists in Prakasam district. It is stated that Chandrasekhara Lingam and others who obtained certificates as be longing to Beda Jangam community in fact belong to Jangam community which is notified as one of the Backward communities in the State. It is pointed out that all through they have been enjoying benefits as members of a Backward community and in their respective school and service records the caste is described as Jangam but not as Beda Jangam and they procured false caste certificates by misleading the authorities. The learned Government Pleader has referred at length to the various aspects considered by the Commissioner of Social Welfare in coming to the conclusion that Sri Chandrasekhara Lingam does not belong to Beda Jangam community and that no such community exists in Prakasam district and asserts that the plea set up by the petitioners in these writ petitions that Sri N. Chandrasekhara Lingam and others belong to Beda Jangam community is devoid of truth. The learned counsel appearing for the AP; Scheduled Castes Welfare Association has strenously contended that Sri N. Chandrasekhara Lingam and the other persons referred to in the affidavits obtained false caste certificates as belonging to Beda Jangam community and they do not suffer the stigma of untouchability which is a sine quo non for being identified as a person belonging to Scheduled caste. It is urged that the social status they enjoyed by living among the forward caste Hindus does not justify their claim that they belong to a scheduled caste. It is stated that a person gets the imprint of a caste by birth and it cannot be changed unlike conversion from one religion to the other having regard to the social structure of our society. Sri N. Chandrasekhara Lingam according to the learned counsel knows his caste as is mentioned in the school and college records and he availed the benefits as a member of a backward community prior to his obtaining a certificate as belonging to a scheduled caste. He appeared for the Indian Administrative Service examination on two occasions prior to 1981 as an open candidate but was unsuccessful. The main grievance of the AP. Scheduled Castes Welfare Association is that Chandrasekhara Lingam and some others who belong to a Backward community have deliberately adopted the modus operandi of prefixing ‘Beda’ to their community ‘Jangam’ after coming to know that ‘Beda Jangam’ has been included in the list of scheduled castes and obtained false certificates misleading the authorities, with an ulterior motive to knock away the constitutional benefits intended for the members of the Scheduled castes. It is asserted that Beda (Budga) Jangams are hunters, fowlers and agriculturists by profession and there is no Beda (Budga) Jangam community either in Prakasam district or any other district in Andhra area except in Telangana region and that Jangam community is quit6 distinct and different from Beda (Budga) Jangam and Mala Jangam communities. The learned counsel has referred to a passage in the book “Atcha Telugu Kosam” by Potukuchi Subrahmanya Sastry (1st Edn. Vol. 2 page 724) wherein “Jangam” is described as a saivaite adoinglinga (small idol of Lord Siva) and who observes no caste or religious distinction. Those revered among them are called ‘Jangama Devara’ ‘Jangamayya”. E. Thurston made a thorough and detailed study of the castes and tribes in southern India and published a book. Describing Lingayats “as a peaceable race of Hindu religion” who acknowledge only one God Siva it is said that they “pretent to be free from caste distinctions, though at the present day caste is in fact observed among them.” “Jangam” is stated to be the priestly class of Lingayats in the Madras Presidency. (Castes and Tribes of Southern India by E. Thurston 1975 Reprint Volume 4 pages 236 and 261). In the book “Castes and Tribes in HEH. Nizam Dominion” by Sirazul Hussain the caste “Jangam” is dealt with but it is not mentioned that Beda or Budga Jangams exist in the Dominion. The learned counsel has produced Andhra Pradesh District Gazettes, Guntur (1977) Kurnool (1974) and Nellore (1972) to show that there is no mention of Beda or Budga Jangam though Lingayats and Jangams are said to be residing in those districts. It shows according to the learned counsel that no such community by name Beda or Budga Jangam exists in those districts. Beda (Budga) Jangam was included in the list of scheduled castes by the Scheduled Castes (Modification) Order. 1956 and it was confined to the Telangana region of Andhra Pradesh. As per the Report of the Backward classes commission under the chairmanship of Sri Kaka Saheb Kalelkar (Vol. 2, lists) published by the Government of India in 1955, “Jangam” whose traditional occupation is begging or officiating as priests was recommended for inclusion in the list of backward classes in the then Andhra State. So far as Beda (Budga) Jangam community is concerned it was included in the list of scheduled castes of the erstwhile Hyderabad State. The total population is shown as 3,174. The census department found on enumeration in 1961 the total number of persons belonging to Beda (Budga) Jangam community on the basis of industrial classification to be 1735 out of whom 966 were males and 769 were females in the State of Andhra Pradesh (rural) (vide Census of India 1961 Volume II Andhra Pradesh, Part VA). The Registrar General, India (Census) published a preliminary appraisal of the scheduled castes in India. Year in which it was prepared is not indicated. This preliminary appraisal specifies the total number of persons belonging to Beda (Budga) Jangam community in this State as 1840 and the percentage of literacy among them is shown to be 7.66 During 1961 census it was found on verification that “Mala Jangam” was a synonym (generic or local name) of Beda (Budaga) Jangam in Medak district and their traditional occupation was “Gurus of Malas.” (Vide Scrutiny of Suggestions received during 1961 census for recognition of synonyms/generic names etc. of scheduled castes and scheduled tribes). In the Brouchure on Special Provisions in favour of Scheduled castes, Scheduled Tribes and Back-ward Classes in Service published by the Govt. of Andhra Pradesh in 1976 Jangam whose traditional occupation is begging is included in the list of back-ward classes in Group ‘A’. It may be noticed that as per the Scheduled Castes and Scheduled Tribes (Modification) Order 1956 Beda (Budga) Jangam caste in the districts of Hyderabad Mahaboobnagar, Adilabad, Nizamabad, Warangal, Khamman, Kareemnagar, and Nalgonda was included in the list of Scheduled castes. But in the year 1976 the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1976 was enacted, by virtue of which the area restriction imposed on the earlier Scheduled Castes and Scheduled Tribes (Modification) Order 1955 in respect of Beda (Budga) Jangam was removed and the castes Beda Jangam and Budga Jangam was declared as scheduled caste throughout the State of Andhra Pradesh.

11. The Backward Classes commission constituted under the Chairmanship of Sri Kaka Saheb Kalelkar expressed the view that “Although the untouchability of some of the communities included in the list of scheduled castes was merely nominal, there was no doubt about their backwardness and it was therefore felt proper to retain all such names in the list. In the case of other scheduled castes the commission fixed a single criteria of untouchability to recognise a caste as scheduled caste. As to the criterion to be applied in identifying a caste the Commission observed as follows:—

“Scheduled castes could be identified by the criterion of untouchability. In case of other castes although socially backward, no such tangible criteria like that of untouchability could be applied. We had, therefore, to accept the general notion of social hierarchy of high and low and to put together all those communities that were regarded as socially inferior, whatever connotation this phrase may have to different people in different parts of the country.”

12. Dealing with the plight of in ouchables Dr. B.R Ambedkar in his book “The Untouchables” expressed his views as follows:

“In the fourth place, non-Hindu societies only isolated the affected individuals. They did not segregate them in separate quarters. The Hindu society insists on segregation of the Untouchables. The Hindu will not live in the quarters of the Untouchables and will not allow the Untouchables to live inside Hindu Quarters. This is a fundamental feature of Untouchability as it is practised by the Hindus. It is not a case of social separation, a mere stoppage of social inter-course for a temporary period. It is a case of territorial segregation and of a cordon sanitaire putting the impure people inside a barbed wire into a sort of a cage. Every Hindu village has a ghetto. The Hindus live in the village and the Untouchables in the ghetto…..”

13. Untouchability among Hindus is thus a unique phenomenon, unknown to humanity in other parts of the world. Nothing like it is to be found in any other society. Primitive, ancient or modern. The many problems that arise out of a study of Untouchability and which call for investigation may be reduced to two:

1) Why do the untouchables live outside the village?

2) What made their impurity permanent and ineradicable?”

14. In the list of Scheduled castes in the Madras Province Beda (Budga) Jangam community does not find place. (Vide pages 16 and 17 of “The Untouchables” written by Dr. B.R Ambedkar).

15. The Minority Rights Group, London published its report on “The Untouchables of India” (1984 publication) in which it is stated:

“In 1917, the Congress party passed a resolution urging upon the people of India the ‘necessity, justice and righteousness of removing all disabilities imposed by custom upon the Depressed Classes, the disabilities being a most vexatious and oppressive character, subjecting those classes to considerable hardship and inconvenience.

The interest in the condition of the Untouchables increased considerably in the 1920s. And, with it, emerged two different approaches to solve the problem. One was profounded by M.A Gandhi, popularly known as Mahatma Gandhi a caste Hindu lawyer, and a leader of the Congress party—who believed in social reform and uplift of the Untouchablies within the caste system; and the other by Dr. B.R Ambedkar, and Untouchable barrister, who directed his attack at the root of the problem, the caste system. “There will be outcastes as long as there are castes” he stated ‘Nothing can emancipate’ the outcastes except the destruction of the caste system”

16. Under the heading ‘Untouchability Abolished on Paper’ the Ground expressed its opinion that though under Article 17 of the Constitution of India untouchability is abolished and its practice in any form is forbidden and that the enforcement of any disability arising out from untouchability is treated as a offence punishable in accordance with law, having a law on paper in a largely rural and illiterate society, such as India, is one thing; to have it enforced conscientiously, quite another. Even after enactment of the Protection of Civil Rights Act, 1976 the Group felt that the new law was vitiated by the same underlying social conditions that dogged the Untouchability (Offences) Act, 1955. It found that—

“In the case of the anti-disabilities legislation, which runs counter to the sentiments and behavior patterns of wide sectors of the public, the “halo” of efficacy depends very heavily on the expectation of enforcement. To date the new law has been as little enforced as the old one.”

17. Harold R. Isaacs in his book ‘India's Ex-untouchables’ states in the following terms how the term scheduled castes replaced the term depressed classes.

“Except for the stark word “Untouchables” there never was any single name to cover this great mass of people. In the various Indian languages they were known by many versions of words that mean “Untouchable” or “outcaste” or variations thereof; Panchamas, Atishudras, Avarnas, Antyajas, Namashudras etc. One also comes on “Pariahs” “Unseeables” and “Unapproachables”. In British officialese sometime late in the last century the term “Depressed Classes” was introduced and remained the most commonly used, though vague, name of the group for many decades. In 1919 the first separate representation on a number of public bodies was given to members of the “Depressed Classes” and this included Untouchables along with quite a scatter of others, such as the aboriginal Tribes. It was not until 1932 that the term “Depressed Classes” was officially defined as meaning only the Untouchables. But it was just about at this time that “Depressed Classes” was replaced by “Scheduled Castes”. This Came about because the British Government already engaged in a number of programmes for the benefit of this lowest group, was preparing to include it in the array of communal separate electorates (for Muslims, Christians, Anglo-Indians, etc.) through which it hoped both to appease and to weaken Indian nationalist pressure. Special effort was made in the 1931 census and by a special committee to draw up a “Schedule” of the “castes” entitled to benefit from these various special arrangements. At the Round Table Conference in London in 1931, held to discuss future political concessions by the British in India, Ambedkar demanded a separate electorate for the Untouchables and he also made a special demand for “a change of nomenclature”. He proposed that the Untouchables be called “Protestant Hindus” or “Nonconformist Hindus.” What emerged instead, when the electoral award was made and eventually incorporated into the Government of India Act of 1935, was the new official term “Scheduled Castes.” J.C Hutton in his book Caste in India” (Fourth Edition) says that—

“The prohibition against exterior castes entering the Hindu temples naturally raised the question whether they can really be called Hindu at all. Generally speaking, the answers must be that they are definitely Hindus; they worship the same deities and, though they are refused entry to the temples, boxes are placed outside, at the limits to which they can approach, to receive their offerings. The degree of Hinduism does, however, vary considerably; thus the Mahar and Chamar in general are very decidedly Hindu, whereas the Chuhra of the Punjab is very doubtfully so, taking a Hindu tone when living by a Hindu village, a Muslim tone in a Muslim village, and that of a sikh in a sikh village. Possibly the Chuhra should readily be described as tribal by religion and the possibly connected Chuhra of the Bombay Presidency are definitely regarded as a forest tribe rather than a caste. In any caste in the Punjab the question has been partly solved at this census by the Chuhra returning himself as and Ad-Dharmi, that is to say, a follower of the original religion. For him it means the customs immemorially observed by his casts or tribe, but of course the term might mean very different things to different peoples. In the Punjab its use as distinct from Hindu (in other provinces the exterior castes have frequently returned themselves as Adi-Hindu. Adi-Dravida, etc., with a similar implication to that of Ad-Dharmi) is probably a political expedient in order to obtain more effective representation on the provincial legislative body, and, in spite of the occasional use of the word ‘Hindu’ with reference to caste Hindus and excluding the exterior castes, it must be held that these castes generally are Hindu by religion even if they are not Hindu socially, hence the expression ‘exterior caste’ is suitably applied to castes who follow the Hindu religion, but are not admitted to Hindu society.

18. In southern India again the exterior castes are generally derived from various classes of cultivating serfs who until recently were tied to the soil….

19. The origin of the position of the exterior castes is partly racial partly religious, and partly a matter of social custom. There can be little doubt but the idea of untouchability originates in taboo. ……..The untouchability which has originated in taboo has undoubtedly been accentuated by differences of race and the racial antipathies which seem common to every branch of the human family and have reinforced the magical taboo.”

20. The Supreme Court has an occasion to consider the plight and status of the members of the scheduled castes in this country. Justice Krishna Iyer described the miserable conditions in which the people of the depressed classes are placed in ABSA Sangh (Rly) v. Union of India (1) (1981) 1 SCC 246 : AIR 1981 SC Page 298 in the following terms:—

“…………It is a fact of our social history and a blot on our cultural heritage that 155 million men and women, described as SCs & STs have been suffering as “suppressed classes”, denied human dignity and languishing as de facto bonded labour. They still are, in several places, “worse than the serf and the slave” and “their social standard is lower than the social standard of ordinary human beings” (Ambedkar) Tortured, violated and even murdered, the saga of the SCs & STs is not only one of economic exploitation but of social ostracisation. Reffering to the sorrows of the suppressed shudras (what I prefer to call the panchama proletariat) Swami Vivekananda demanded shudra raj and refuted the incapabilities of the groaning untouchables:

“Aye, Brahmins, if the Brahmin has more aptitude for learning on the ground of heredity than the Pariah, spend no more money on the Brahmin's education but spend all on the Pariah. Give to the weak, for there all the gift in needed………Our poor people, these downtrodden masses of India, therefore require to hear and to know that they really are. Aye, let every man and woman and child without respect of caste or birth weakness and strength, hear end learn that behind the strong and he weak, behind the high and the low, behind everyone, there is that infinite Soul, assuring that infinite possibility and the infinite capacity of all to become great and good. Let us proclaim to every soul. “Arise, awake and stop not till the goal is reached”. “Arise, awake.” (Socio-political views of Vivekananda, Binoy K. Roy. P. 30).”

21. Justice Chinnappa Reddy has stated that

“The class of people known compendiously as ‘the scheduled Castes’, recognised and described as such in the constitution of India have been treated as ‘casteless’ out castes and untouchables and have been oppressed and subjected to every manner of deprivation and discrimination for centuries upon centuries by a unique system of social and economic segregation, a system of “graded in equality” (Dr. B.R Ambedkar) of “gradation and degradation” (Dr. C.R Reddy) and of “gigantic coldblooded repression” (Rabindranath Tagore). And for centuries they were even prevented from protesting their plight. Nor was any attempt made by the superior and elitist classes to know anything about them. All that a Scheduled Caste parent could do was to lament:

Hush, my child, do'nt cry, my treasure:

Weeping is in vain.

For the enemy will never

Understand our pain.

For the ocean has its limits

Prisons have their walls around.

But our suffering and our torment have no limit and no bound.”

22. Regarding caste system prevailing in our society Their Lordships of the Supreme Court observed in C.M Arumugam v. S. Raj Gopal (2) (1976) 1 SCC 863 : AIR 1976 SC Page 939 as follows:

“It is a matter of common knowledge that the institution of caste is a peculiarly Indian institution. There is considerable controversy amongst scholars as to how the caste system originated in this country. It is not necessary for the purpose of this appeal to go into this highly debatable question. It is sufficient to state that originally there were only four main castes but gradually castes and sub-castes multiplied as the social fabric expanded with the abscription of different groups of people belonging to various cults and profession different religious faiths. The caste system in its early stages was quite elastic but in course of time it gradually hardened into a rigid frame work based upon heredity. Inevitably it gave rise to gradation which resulted in social inequality and put a premium on snobbery. The caste system tended to develop, as it were, group snobbery, one caste looking down upon another. Thus, there came into being social hierarchy and stratification resulting in perpetration of social and economic injustice by the so-called higher cashes on the lower castes…………………But that immediately raisen the question what is a caste? When we speak of a caste, we do not mean to refer in this context to the four primary castes, but to the multiplicity of castes and sub-castes which disfigure the Indian Social scene. “A caste”, as pointed out by the High Court of Madras in Cooppoosami Chetty v. Duraisami Chetty (1910) ILR 33 Madras. 67 “is a voluntary association of persons for certain purposes. It is a well defined yet fluctuating group of persons governed by their own rules and regulations for certain internal purposes………………………Where, on the other hand, having regard to its structure, as it has evoled over the years, a caste may consist not only of persons professing Hindu religion but also persons professing some other religion as well, conversion from Hinduism to that other religion may not involve loss of caste, because even persons professing such other religion can be members of the caste. This might happen where caste is based on economic or occupational characteristics and not on religious identity or the cohersion of the caste as a social group is so string that conversion into another religion does not operate to snap the Lend between the convert and the social group. This is indeed not an infrequent phenomenon in south India where, in some of the castes even after conversion to Christianity, a person is regarded as continuing to belong to the caste.”

23. In an earlier decision in V.V Giri v. D.S Dora (3) AIR 1959 SC p. 1318 the Supreme Court considered the relevance of caste in the social status of a person and observed that—

“It would be enough to state whatever may have been the origin of Hindu castes and tribes in ancient times, gratually status came to be based on birth alone. It is well known that a person who belongs by birth to a depressed caste or tribe would find it very difficult, if not impossible, to attain the status of a higher caste amongst the Hindus by virtue of his violation, education, culture and status. The history of social reform for the last century and more has shown how difficult it is to break or even to relax the rigour of the inflexible and exclusive character of the caste system”.

24. In support of his contention that untouchability is the sole test for determining whether a person belongs to scheduled caste or not the learned counsel has cited the decision of the Supreme Court in Ganpat v. Presiding Officer (4) (1975) 1 SCC 589 : AIR 1975 SC p. 420. This case arose under the provision of the Representation of People Act, 1951 and the question that arose for consideration was whether a particular candidate belongs to scheduled caste or not. In answering the question the learned Judges observed that—

“For a person who has grown up in Indian society it is very difficult to get out of the coils of the caste system. There are many cases among the scheduled castes. Though all of them are tainted with untouchability, some among them claim to be higher than some others”.

25. So far as Backward Classes are concerned the test laid down by the Supreme Court to identify the members of such classes is found in the decision Janki Prasad v. State of Jammu and Kashmir (5) (1973) 1 SCC 420 : AIR 1973 SC page 930, wherein their Lordships approved the principles enunciated by the Court in M.R Balaji v. State of Mysore (AIR 1963 SC page 649) and reiterated in State of AP v. P. Sagar, AIR 1968 SC 1379. It is stated in this decision that—

“It is not merely the educational backwardness or the social backwardness which makes a class of citizens backward; the class identified ts a class as above must be both educationally and socially backward. In India social and educational backwardness is further associated with economic backwardness and it is observed in Balaji's case referred to above 1963 Supp. (1) SCR 439 — (AIR 1963 SC 649) that backwardness, socially and educationally, is ultimately and primarily due to poverty”.

26. Justice Shah laid down in State of AP v. P. Sagar (6) AIR 1968 SC Page 1379 that—

“The criterion for determining the backwardness must not be based solely on religion, race, caste, sex, or place of birth, and the backwardness being social and educational must be similar to the backwardness from which the scheduled castes and the scheduled tribes suffer”.

27. The main controversy to be decided in these writ petitions is whether Sri Chandrasekhara Lingam belongs to Beda Jangam community. This is a pure question of fact which this court cannot go into in exercise of jurisdiction under Art. 226 of the Constitution of India. There is no statutory provisions governing the conduct of enquiry whenever a doubt arise about the genuineness of the social status (caste) certificate. In a matter like this when an authority entertains a doubt about the correctness of a social status certificates produced by a candidate he refers the matter to the Director of Social Welfare who will verify the caste by holding an enquiry and then submit a report. In the instant case when Sri Chandrasekhara Lingam qualified in the Indian Administrative Service Examination held in 1981 against a vacancy reserved for scheduled castes and a representation was made that he does not belongs to a scheduled caste a doubt was entertained by the Central Government and the matter was referred to the State Government for enquiry. On such reference the State Government directed the Collector, Prakasam District to enquire into the matter and submit a report. The Collector submitted a report in D.O.Rc No. 3269/83-E-2, dt. 21-4-1983 stating that Sri N. Chandrasekhara Lingam belongs to Beda Jangam community. On the basis of that report, the State Government informed the Central Government that he belongs to Beda Jangam community. Subsequently, on a further representation by the A.P Scheduled Castes Welfare Association, the Central Government directed the State Government to conduct a de novo enquiry and submit a report about the social status of Sri N. Chandra Sekhara Lingam. Consequently the Commissioner of Social Welfare Department, Government of Andhra Pradesh was appointed as the Enquiry Officer. He conducted the enquiry and submitted a report to the effect that no such community by name Beda Jangam exists in Prakasam District and that Sri Chandrasekhara Lingam does not belong to the said community. The Commissioner also suggested that the social status certificates of Sri Chandrasekhara Lingam and others who belong to Jangam community but obtained false certificates as belonging to Beda Jangam community should be cancelled. Accepting the said report the State Government issued the impugned G.O.Ms No. 51, S.W (J) Department, dt. 20-3-1984 and the Memo. No. 543.J2/84-1 dt. 3-4-1984.

28. The learned counsel appearing for the petitioners have questioned the validity of the enquiry and the consequent report submitted by the Commissioner of Welfare, Social Welfare Department on various grounds. The enquiry commenced on 7-3 -1984 and on that day Sri N. Chandrasekhara Lingam was present in the office of the Collector at Ongole where the enquiry was conducted. The enquiry started with the recording of the Statement of Sri Nagam Brahmandam father of Sri Nagam Chandrasekhara Lingam. It is stated that out of forty nine persons produced on behalf of Sri Chandrasekhara Lingam the enquiry officer recorded statements of only nine persons and Sri Rachamally Venkateshwarlu, the President of AP Beda Jangam Sangamis one among them. On 8-3-84 the Statement of Sri N. Chandrasekhara Lingam was recorded. On the very same day the Commissioner visited Ethamukkala pillage, Ongole taluk, Prakasam Dist. accompanied by the Director for Scheduled Castes and Scheduled Tribes, Government of India and the Dy. Director, Social Welfare, Ongole. There he enquired about the social status of the families of Nagam Venkata Sivayya and Sri Nagam Koteswara Rao the relations of Sri Nagam Brahmandam, the father of the petitioner Sri Nagam Chandrasekhara Lingam. The statement of Sri Ponnam Satyam, Sarpanch of the Panchayat Samithi was recorded at Ethamukkala. On 9th March, 1984 the Commissioner accompanied by the Director, Scheduled Castes and Scheduled Tribes, Government of India and the Tahsildar, Ongole visited the area where the house of Sri N. Chandrasekhara Lingam was located. He went to the house of Sri Vellisiri Kotilingam living in that locality and enquired about the social status of the Jangama. Thereafter he visited Tangutoor village of Ongole taluk along with the Director of Scheduled Castes and Scheduled Tribes, Dy. Director, S.W, Revenue Divisional Officer and the Tahsildar of Ongole. The Commissioner recorded the statement of Sri Amsagadda Kagayya, a co-opted member of the Panchayat Samithi, Ongole who belongs to Jangam community. He also examined some other persons. On the very same day (9th March, 84) he returned from Tangutoor to Ongole and interviewed some of the members of the Jangam Association. He also visited Kabadipalem Harijanawada and ascertained the position with regard to the inter relationship between the Harijans and others. On 10th March, 1984 the Commissioner visited Harijanawada of Medarmetla and enquired about the social status of the Jangams. He also visited Arthumuru village in Krishna district on 11-3-84 and enquired from Saiman @ Venkateswarlu of that village who was originally a Jangam but later embraced Christianity. On 18-3-84 the Commissioner submitted his report to the State Govt. stating that Sri N. Chandrasekhara Lingam does not belong to Beda Jangam community. He further stated that certificates of others who belong to Jangam community and obtained false certificates as belonging to Beda Jangam Community deserves to be cancelled. Accepting the report, the State Govt. issued the impugned G.O.Ms No. 51 SW (J) Dept. dt. 20-3-84 cancelling the social status certificate dt. 27-10-80 issued in favour of Sri N. Chandrasekhara Lingam as belonging to Beda Jangam Community and also a Memo No. 543.J2/84-1 dt. 3-4-84 directing the Revenue and social welfare authorities in the district to cancel the false caste certificates obtained by the Jangam as belonged to Beda Jangam community and also to proceed against them criminally.

29. It is submitted by the learned counsel for the petitioners that the enquiry conducted by the Commissioner of Social Welfare Department, Government of Andhra Pradesh was violative of the principles of natural justice as he did not record the statements of all the persons produced by Sri M. Chandrasekhara Lingam and recorded the statements of a number of other persons behind his back without affording him an opportunity to cross examine them. It is stated that the copy of the report dated 18-3-1984 of the enquiry officer was not furnished to Sri M. Chandrasekhara Lingam before cancellation of his social status certificate and no opportunity was given to him before passing the impugned GO on 20-3-1984. A contention is advanced on behalf of the petitioners that there is reasonable suspicion about and a real likelihood of bias on the part of the Commissioner in the conduct of enquiry by reason of the fact that he belongs to a particular scheduled caste. It is also argued that the Director of Scheduled Castes and Scheduled Tribes, Government of India who has not authorised to accompany the enquiry officer and participate in the enquiry actively participated in the enquiry conducted by the Commissioner of Social Welfare, Andhra Pradesh by recording statements of witnesses and putting questions to them. By reason of such participation according to the learned counsel the enquiry cannot be said to be fair and proper. It is strenuously urged on behalf of the petitioners that under any circumstances the enquiry conducted by the Commissioner and the consequent impugned Memo, dated 3-4-1984 issued by the State Government directing the Revenue and Social Welfare authorities of the District to cancel the certificates obtained by others as belonging to Beda Jangam community and proceed against them criminally besides withdrawing their education status and cancelling the jobs given under reservation and further directing the authorities to recover the scholarships granted earlier to them are illegal, improper and unfair being violative of the principles of natural justice as no notice was given to them.

30. First, let me consider as to what is meant by reasonable suspicion and real likelihood of bias. Dealing with the subject “reasonable suspicion versus real likelihood of bias” it is stated in Administrative Law by HWR Vade (Fifth Edition) that the formula ‘real likelihood’ is applied as a test to disqualify a person where the facts given rise to a real likelihood of bias. In Eckoraley v. Mersey Docks and Harbour Board (7) (1894) 2 QB 667 it was held that:

“the rule for judges of all kinds was that they must be free from even unreasonable suspicion of bias”

31. Both the tests of real likelihood of bias and reasonable suspicion are applied in England having regard to the facts and circumstances of the case in deciding whether the person holding the enquiry is disqualified by reason of being biased. In J. Mohapatra & Co. v. State of Orissa (8) (1984) 4 SCC 103 : AIR 1984 SC page 1572 it is observed by the Supreme Court that:

“It is not the actual bias in favour of the author-member that is material but the possibility of such bias”.

32. In this case a person who wrote a book which was submitted for selection was one of the members of the selection Committee. Some of the members of the Selection Committee were imputed bias on she ground that the books written by them were submitted for selection. Considering this question the learned Judges held that:

“……Justice can never be seen to be done if a man acts as a Judge in his own cause or is himself interested in its outcome. This principle applies not only to judicial proceedings but also to quasi judicial and administrative proceedings.”

33. It was further held that:

“It is not the actual bias in favour of the author member that is material but the possibility of such bias. All these considerations require that an author-member should not be a member of any such committee or sub-committee.”

34. In this case pecuniary interest was involved.

35. On the other hand the learned Government Pleader has cited a decision of the Supreme Court in G. Sarma v. Lucknow University (9) (1976) 3 SCC 585 : AIR 1976 SC Page 2428 wherein the Supreme Court has succinctly enunciated the principle in the following terms:

“………what has to be seen in a case where there is an allegation of bias in respect of a member of an administrative Board or body is whether there is reasonable ground for believing that he was likely to have been biased. In other words whether there is substantial possibility of bias animating the mind of the member against the aggrieved party.”

36. It is stressed in “The Principles of Administrative Law by DCM Yardley that:

“The courts were more concerned to enforce a proper procedure than to reach the right decision on the substance of the issue.”

and that

“English Law pays too great an attention to procedural rules of fair dealing to the neglect of issues of substance”. It is stated that:

“if the Brighton Watch Committee had given Mr. Ridge due notice of its belief that his trial and disclosed his unfitness for the post of Chief Constable and had then allowed him ample opportunity to answer such allegations before them, it may well be thought that the watch Committee could then have dismissed him from office without any fear of later being impugned.”

37. In “Government and Law by T.C Hartley and J.A.G Griffith” dealing with the subject of bias it is summed up as follows:

“If it is wished to challenge a decision on the ground of bias, it is not necessary to prove that the decision maker was actually biased in the sense that his decision was influenced by improper considerations, it is enough if facts can be shown to exist which cast reasonable doubt on his impartiality. This will normally be the case if the adjudicator has an interest in the out come of the case; if he is associated with some one who has such an interest, or if he has in some way already committed himself on the point in issue.”

38. It can be seen from what is stated in various text books on Administrative law and the principles laid down by the Supreme Court that a person holding an enquiry whether it be of judicial, quasi-judicial or administrative nature can be held to be disqualified to hold such an enquiry on the ground of bias if from the facts and circumstances of the case a positive inference can be drawn that there is possibility of bias on the part of the person holding the enquiry in the sense that one “acts as a Judge in his own cause or is himself interested in its out come.”

39. The main contention advanced on behalf of the petitioner is that the Commissioner of Social Welfare Department, Government of Andhra Pradesh is a person belonging to a particular Scheduled Caste and he is interested in the out come of the enquiry. This contention is vehemently opposed by the learned Government Pleader as well as the learned counsel appearing for the AP Scheduled Castes. Welfare Association on stating that a person that too a Government employee appointed by he State Government to conduction enquiry cannot be held to be disqualified solely on the ground of its caste.

40. The learned Government Pleader states that Sri N. Chandrasekhara Lingam having participated in and submitted to the enquiry is precluded from raising the plea of bias against the Commissioner at a later stage when the outcome of the enquiry goes against him.

41. It is submitted by the learned Government Pleader that the witnesses produced on behalf of Sri N. Chandrasekhara Lingam were examined by the enquiry officer and he did not request the enquiry officer to permit him to cross-examine any person whose statement was recorded by him. On the other hand he participated in the enquiry without any demur and did not raise any objection against the holding of the enquiry by the Commissioner. In such circumstances according to the learned counsel it is not open to Sri N. Chandrasekhara Lingam at a subsequent stage to assail the enquiry on the ground that the enquiry properly by following the principles of natural justice. It is further stated by the learned Government Pleader as well as the learned counsel for the AP Scheduled Castes Welfare Association that no specific plea is taken in the writ petition filed by Sri N. Chandrasekhara Lingam that the Commissioner is biased and that the principles of natural justice are violated.

42. It is no doubt true that the Commissioner belongs to a particular Scheduled Caste which is entitled to enjoy the benefits conferred on the scheduled castes under the Constitution. The Presidential order issued under Article 341 of the Constitution of India contains number of castes which are described as scheduled castes. The Commissioner belongs to one of thore castes. Can it be said that he is disqualified on the ground of bias to hold the enquiry. It is too far-fetched to say that he is interested in the out come of the enquiry in the sense that if a particular person is held to be not belonging to a scheduled caste the other scheduled caste person will get the benefit. May be, that the caste to which he belongs may incidentally derive some benefit. But every scheduled caste included in the Presidential order has the right to protect its interests whenever any person or group of persons not belonging to a scheduled caste try to obtain the benefits by falsely representing that he or they belong to a scheduled caste. The Commissioner cannot be said to have any direct personal interest in the matter. If on the sole ground that he belongs to a particular caste he is to be disqualified from holding an enquiry, such a step will lead to disastrous consequences by promoting caste consciousness in the minds of the people, Apart from that, the Commissioner is a Government employee. He was appointed by the State Government to hold an enquiry, in such a case it is his duty to act according to the directions of the State Government. Nothing is brought to our notice to show that he acted on caste considerations in conducting the enquiry. Having regard to the facts and circumstances of this case it cannot be said that there is any possibility of bias or a reasonable suspicion on the part of the Commissioner in conducting the enquiry. As such we hold that the enquiry conducted by the Commissioner of Social Welfare department. Government of Andhra Pradesh is not vitiated by reason of bias.

43. It is submitted by the learned counsel for the Central Government that the school and college records of Sri N. Chandrasekhara Lingam and his consistent conduct in availing benefits as a member of a backward community without any further proof positively establish that he does not belong to a schedule caste of Beda Jangam but to the backward community ‘Jangam’. A part from being described as belonging to Jangam community in the school and college records Sri N. Chandrasekhara Lingam appeared for the Indian Administrative Service examination in the years 1978 and 1980 was an open candidate. It is stated that Sri N. Chandrasekhara Lingam being well aware of his caste has not claimed to be belonging to a scheduled casts till 27-10-1980 on which date he obtained a false case certificate as belonging to Beda Jangam, community. According to the learned counsel the above referred material is sufficient to come to the conclusion that the petitioner Sri N. Chandrasekhara Lingam belong to a Backward community but not to a scheduled caste. In support of his contention reliance is placed upon a judgment of the Supreme Court in R. Palanimuthu v. Returning Officer (10) 1984 Supp SCC 77 : AIR 1984 SC Page 905. This case arose under the Representation of the People Act, 1951. The question was whether the particular candidate belonged to a scheduled tribe or not. The Supreme Court considered voluminuous documentary evidence adduced in the case and on appraisal of the same reached the conclusion that the respondent therein did not belong to a scheduled tribe. The learned counsel urges that having regard to the facts and circumstances of this case it has to be held that Sri N. Chandrasekhara Lingam belongs to Jangam community which is a backward caste and not to Beda Jangam Community a Scheduled caste.

44. On the other hand the petitioner's claim that Beda Jangam community exists in Andhra region of the State of Andhra Pradesh and number of persons of that community having obtained caste certificates as belonging to the said community availed the Constitutional benefits. Some of them joined educational institutions while some others joined service. The AP Scheduled Castes Welfare Association as well as the State and the Central Governments assert that no such community by name Beda (Budga) Jangam exists anywhere in the Andhra region and that Sri N. Chandrasekhara Lingam and some others started claiming themselves as belonging to Beda Jangam community and formed the AP Beda Jangama Sangam in the year 1982 with an ulterior motive to derive the Constitutional benefits meant for the Scheduled Castes.

45. The petitioners have submitted a list of persons alleged to be belonging to Beda Jangam Community and who obtained caste certificates to that effect from the concerned authorities. This list consists of thirty one parsons from Nellore district, seventy four persons from Prakasam district, twenty five persons from Guntur District, hundred and eight persons from East Godavari district and twelve persons from Visakhapatnam district. One by name P. Chandrasekhar obtained a certificate dated 3-12-1983 from the Tahsildar, Nellore as belonging to Beda Jangam community. He is a native of Kanuparthipadu village, Nellore taluk. He applied for admission into First year M.B.B.S, course in Sri Venkateswara Medical College, Tirupathi in 1983. He was provisionally selected and thereafter the Principal wrote to the Director of Social Welfare, Andhra Pradesh, Hyderabad to enquire about the social status of the candidate and submit a report. The Director in turn wrote to the Collector, Nellore who not the matter enquired into. In the report dated 10-12-1983 the Collector stated as follows:

……‘There are four sub-castes in Jangam community. They are 1) Beda Jangam 2) Budga Jangam 3) Mala Jangam and 4) Jangam. The traditional occupation of the Beda Jangam is to perform the funeral rites of the deceased in the village. The forefather of the candidate were attending to such functions in the village. Previously there were no special concession in educational institutions and appointments in Andnra region recognising the sub-castes in Jangam community. Hence all persons belonging to any of the sub-castes were being called ss Jangam and certificates were being issued without mentioning any sub-caste. The Jangam caste people were also not particular for mentioning their sub-caste in the certificates. After notifying the first three sub-castes into the list of Scheduled castes the sub-casta according to their traditional occupation. As the family of the candidate i.e, Mr. P. Chandrasekhar are attending to their traditional functions i.e, performing the funeral rites of decensed in the village, they belonged to Beda Jangam community. The Village Munsif of Kanuparthi village and the Honarary President of Nellore district Beda Jangam Society have also stated that the candidate belongs to Beda Jangam community. Hence the Para Chandrasekhar s/o Viswanadham belongs to Beda Jangam community………”

46. On the basis of that report the Director of Social Welfare informed the Principal, Sri Venkateswara Medical College, Tirupathi in his Rc. E2/17175/83 dated 28-12-1983 that Sri P. Chandrasekhar belongs to Beda Jangam community. It is stated that P. Chandrasekhar is the cousin of Sri N. Chandrasekhara Lingam and he is pursuing his studies in the Medical College. Smt Padmavathi wife of T. Seshaiah is said to be a member of Beda Jangam community and she obtained caste certificate to that effect. She joined as clerk Grade I in the South Central Railway. Her social status was enquired into at the instance of the General Manager, (Personnel) South Central Railway, Secunderabad. The Collector Prakasam district enquired into the matter and submitted a report in his RD is No. 5067/83 B2 dated 15-6-1983 wherein it is stated that—

“the elders of her family perform death ceremonies to all communities in the village, beg alms in the houses of Harijans and Girijans and they are completely non-vegetarians and that Smt. T. Padmavathi belongs to Beda Jangam community.”

47. She was informed by the Senior Divisional Accounts Officer that the South Central Railway has confirmed that she belongs to Beda Jangam caste which is recognised as scheduled caste. Smt. Padmavathi is stated to be the cousin of Sri N. Chandrasekhara Lingam. One by name A. Srinivas alleged to be related to Sri N. Chandrasekhara Lingam, obtained a certificate that he belongs to Beda Jangam community. His social status was enquired into and the Director of Social Welfare in his proceedings in Re. No. E1/14861/82 dated 20-8-1982 confirmed that he belongs to Beda Jangam community. Another relative of the petitioner by name D.P Prasad son of D. Suryanarayana was admitted into BE., course in the College of Engineering, Andhra University in 1982 and was allotted a seat reserved for scheduled caste on the basis of a caste certificate produced by him that he belongs to Beda Jangam community. The Director of Evaluation, Jawaharlal Nehru Techno-logial University, Hyderabad got his social status verified through the Director of Social Welfare who in his proceedings E2/14861/82 dated 30-8-82 informed the Director of Evaluation, Jawaharlal Nehru Technological University, Hyderabad that he verified the social status of the candidate and found it to be correct. It is stated that he is continuing his studies in the Engineering College. Rachamallu Venkateswarlu, the President of AP Beda Jangama Sangham who was working as Office Assistant in the office of the Senior Superintendent of Post Offices Ongole applied for correction of his caste in his service record. It is stated that the Senior Superintendent of Post Offices corrected the service record by a memo No. 8/55 dt. 6-3-82 declaring that Rachamallu Venkateswarlu belongs to scheduled caste. So far as the petitioner Sri N. Chandrasekhara Lingam is concerned it has already been mentioned in the fore going paras about verification of his social status. The State Government got the social status of Sri N. Chandrasekhara Lingam verified and on the basis of a report submitted by the Collector, Prakasam district the State Govt. informed the Central Government in D.O Letter No. 1124-J2/82-8 dated 23-5-1983 that Sri N. Chandrasekhara Lingam belongs to Beda Jangama community. The above referred material shows that number of persons claiming to be the members of the Beda Jangam community have in fact obtained caste certificates to that effect from the concerned authorities. Some of them joined the educational institutions, and some others joined service in different departments. The dispute is whether Sri N. Chandrasekhara Lingam belongs to Beda Jangam community. As stated supra on earlier occasions the social status of Sri N. Chandresekhara Lingam and some other persons alleged to be related to him was verified by the Director of Social Welfare and he confirmed their social status as belonging to Beda Jangam community. At the instance of the Central Government the State Government ordered a de novo enquiry as to the social status of Sri N. Chandrasekhara Lingam and for that purpose the Commissioner of Social Welfare Department, Government of Andhra Pradesh was appointed as the Enquiry Officer.

48. It is stated that Sri N. Chandrasekhara Lingam produced forty nine persons before the enquiry officer to give statements in support of his claim that he belongs to Beda Jangam community but the enquiry officer recorded the statements of only nine out of forty nine persons. It is further stated that the enquiry officer visited some places and recorded the statements of some of the persons at those places behind the back of Sri N. Chandrasekhara Lingam. It is averred that the petitioner Sri N. Chandrasekhara Lingam was neither given an opportunity to cross-examine the persons whose statements were recorded behind his back nor was he furnished a copy of the report of the enquiry officer before cancellation of his caste certificate. It is an admitted fact that no opportunity was given to him before cancellation. It is contended by the learned counsel that the enquiry is unfair and improper and it is vitiated having been held in violation of principles of natural justice. It is true that the interests of genuine members of the scheduled castes in availing the constitutional benefits should be protected and attempts by unscrupulous persons in procuring false certificates and knocking away the benefits of the scheduled caste people should be curbed. But at the same time when number of persons over a period of years obtained special status certificates as belonging to Beda Jangam caste and in case of some of them the Director of Social Welfare of the State confirmed on enquiry their social status and the State Government decides to hold a de novo enquiry it is but fair and reasonable that such an enquiry should be open fair and impartial. In the impugned Memo. No. 543.J2/84-1 dt. 3-4-1984 it is stated as follows:

“…………The information is that there have been no groups called Beda Jangams hailing from Andhra area. Probably there are no groups called Beda Jangams in the whole of Andhra Pradesh……….”

49. These words are incorporated in the memo on the basis of the report submitted by the Commissioner of Social Welfare department who was appointed as the enquiry officer. These words are so vague as to mislead the District authorities to cancel the caste certificates of all the Beda Jangams in Andhra area pursuant to the direction issued in the said memo. In a matter like this where the enquiry determines whether Beda Jangam community exists in Andhra area of the State or not and which in turn concerns not only the interest of Sri N. Chandrasekhara Lingam but of the whole community the principles of fair play should strictly be followed though it is an enquiry of administrative nature. From the various text books and the compilations of the Government of India on the characteristic features of the Beda Jangam community, its origin and genesis and the conflicting stands taken by the parties it is evident that the matter requires a deep and thorough investigation. It is particularly so in view of the fact that on earlier occasions the Collectors as well as the Director of Social Welfare enquired into the matter and confirmed that Beda Jangam community exists in Nellore and Prakasam districts and that the caste certificates issued to some of the members of that community are genuine and valid.

50. In this case there is lis regarding facts. Whereas the petitioners say that Sri N. Chandrasekhara Lingam belongs to Beda Jangam community the respondents say that he does not belong to the said community. As per the terms of enquiry the Commissioner, Social Welfare Department is required to give notice to Chandrasekhara Lingam and record the statement of persons in his presence. The enquiry officer did not record the statement of number of persons in his presence. Even in any administrative enquiry the principles of fair play should be strictly observed when a lis regarding the rights of a party is involved. In an enquiry of this nature apart from the other attributes of fair play such as openness, impartiality and fairness, the right of cross-examination necessarily forms part of the concept of fair play. In this context it will be apposite to bear in mind the following principles enunciated by the Supreme Court in K.L Tripathi v. State Bank of India (11) (1984) 1 SCC 43 : AIR 1984 SC p. 273.

“The basic concept is fair play in action administrative, judicial or quasi-judicial. The concept of fair play in action must depend upon the particular list, if there be any between the parties. If the credibility of a person who has testified or given some information is in doubt, or if the version or the statement of the person who has testified, is in dispute, right of cross-examination must inevitably form part of fair play in action but where there is no lis regarding the facts but certain explanation of the circumstances there is no requirement of cross-examination to be fulfilled to justify fair play in action. When on the question of facts there was no dispute, no real prejudice has been caused to a party aggrieved by an order, by absence of any formal opportunity of cross-examination perse does not invalidate or vitiate the decision arrived at fairly. This is more so when the party against whom an order has been passed does not dispute the facts and does not demand to test the varacity of the version of the credibility of the statement”.

51. As number of persons were examined and their statements recorded behind the back of the affected party Sri Chandrasekhara Lingam and no opportunity to cross-examine such persons was given to him the enquiry held by the Commissioner, Social Welfare Department, Govt. of Andhra Pradesh is vitiated and as such is invalid. Accordingly the report dt. 18-3-1984 submitted by him to the State Government is set aside. The learned counsel for the Contral Government also has fairly conceded that the enquiry is not fair and proper.

52. Having regard to the facts and circumstances of this case, the lis regarding the facts, the complicated nature of the matter and the rights of number of persons likely to be affected, we consider that the enquiry requires to be held by a commission headed preferably by a judicial officer of the rank of a District Judge.

53. For the reasons stated above the impugned G.O.Ms No. 51, Social Welfare (J) Department, dt. 20-3-1984 and the Memo. No. 543.J2/84-1 dated 3-4-1884 are quashed. Sri N. Chandrasekhara Lingam was selected in the year 1981 for appointment in the Indian Administrative Service but till this day he was not sent for training because of the pendency of the enquiry into his social status and the writ proceedings. We are of opinion that it will be just and proper if he is sent for training. However, he shall not be appointed pending enquiry into his social status. The Government of India, the first respondent herein, is directed to send the petitioner Sri N. Chandrasekhara Lingam for training for Indian Administrative Service. The enquiry into his social status should be completed within four months from the date of receipt of this judgment.

54. The writ petitions are allowed to the extent indicated above. There shall be no order as to costs. Advocate's fee Rs. 200/- each.