(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to issue Community Certificate to the persons, who embraced Buddhism by mentioning their religion name alone as Nav Buddha, based on the representation of the petitioner dated 03.03.2015 within the time stipulated by this Court.)
S. Manikumar, J.
1. Managing Trustee of the Father of the Constitution of India Foundation and a practicing lawyer has sought for a Writ of Mandamus, directing the respondents to issue Community Certificates to persons, who have embraced Buddhism, by mentioning their religion name alone, as Nav Buddha, based on the representation of the petitioner, dated 03.03.2015, within a time frame.
2. Supporting the prayer sought for, the petitioner has relied on an order passed by the Caste Certificate Scrutiny Committee, No.3, Pune, dated 29.01.2012, wherein the community of one Chaudhari Bharat has been mentioned as Scheduled Caste/Nav Boudha. It is the further case of the petitioner that in all the community certificates issued to Scheduled Castes converts to Buddhism, community name is mentioned. According to him, it is discrimination and sub caste name is also mentioned, by which, certificates issued by the Revenue authorities reflect caste system.
3. Heard the learned counsel for the petitioner and perused the materials available on record.
4. The Constitution (Scheduled Castes) Orders (Amendment) Act 1990 has been issued, and thereafter, it underwent several amendments. On 4th June 1990, the President has amended the Constitution (Scheduled Castes) Orders as hereunder:-
The Constitution (Scheduled Castes) Orders (Amendment) Act.1990 No.15 of 1990
An Act further to amend the constitution (Scheduled Castes) Order 1950 and the Constitution (Scheduled Castes) (Union Territories) Order, 1951 and amend the Constitution (Jammu and Kashmir) Scheduled Castes Order, 1956 the constitution (Dadra and Nagar Haveli) Scheduled Castes Order, 1962, the constitution (Pondichery) scheduled castes Order, 1964 and the Constitution (Sikkim) Scheduled Castes Order, 1978.
Be it enacted by parliament in the forty first year of the republic of India as follows:-
(1) This Act may be called the Constitution (Scheduled Castes) Order (Amendment) Act.1990.
(2) In Paragraph 3 of the Constitution (Scheduled Castes) order, 1950 for the words or the Sikh the words, the sikh or the Buddhis shall be substituted.
(3) In Paragraph 3 of the Constitution (Scheduled Castes) (Union Territories) Order 1951 for the words or the sikh the shkh of the Buddhis shall be substituted.
(4) In the proviso to paragraph 2 of the Constitution (Jammu and Kashmir) Scheduled Castes Order 1956 for the words or sihh the words the sikh or the Buddhist shall be substituted.
(5) In the proviso to paragraph 2 of the Constitution (Dadra and Nagar Haveli) Scheduled Castes Order, 1962 for the words or the sikh the words the sikh or the Buddhist shall be substituted.
(6) In the Proviso to paragraph 2 of the constitution (Pondichery) scheduled castes order, 1944 for the words or the sikh the words, the shkh or the Buddhis shall be substituted.
(7) In the proviso to paragraph 2 of the Constitution, (Sikkim) Scheduled Castes Order 1978, for the words of this sikh , the words the sikh of the Buddhist shall be substituted.
Accordingly, Government of India has issued directions dated 31 July 1990, to the Secretary, Scheduled Castes / Scheduled Tribes Welfare Department of all the State Governments / U.T. Administrations.
5. Amendment to the Constitution (Scheduled Castes) Orders is to enable the Scheduled Castes converts to Buddhism to have the benefits of Scheduled Castes.
6. Accordingly, Government of Tamil Nadu have issued orders in G.O.Ms.No.1597 Adi Dravidar and Tribal Welfare Department dated 27.09.1990. As per the instructions, while issuing Community Certificates to the Scheduled Castes, the Tahsildars should clearly mention in the Certificates, to which Community he/she belongs, as listed in G.O.Ms.No.1773, SW, dated 23.06.1984. For Example, in the case of Hindu Pallan, Hindu Paraiyan, Hindu-Adi Dravidar as the case may be Scheduled Caste status is given only to those who follow the faiths of Hinduism, Sikhism, or Buddhism, as per Government lt.(Ms.).No.60, AD and TW, dated 13.03.1991 and Government Letter (Ms) No.104, AD and TW, dated 11.09.1996).
7. Thus, as per the revised amended Constitution (Scheduled Castes) Orders Amendment Act, 1990 No.15 of 1990 and the subsequent directions of the State Government, in G.O.Ms.No.1597 Adi Dravidar and Tribal Welfare Department dated 27.09.1990, in the certificates issued to Scheduled Castes, the Thasildars have been directed to clearly mention, the sub-caste, as listed in G.O.Ms.No.1773, SW, dated 23.06.1984. Some of the certificates enclosed in the typed set of papers made it clear that the Tahsildar has not only referred to the religion Buddhism, they have also stated the sub-caste, as per the directions issued by the Government from time to time. The contention of the petitioner that, like in the case of Maharastra, the community certificate issued should state Nav Buddha, cannot be accepted.
8. When the State Government have thought it fit to refer Scheduled Castes converts to Buddhism, as Buddhas, the petitioner has no right to demand that community certificates issued by the Revenue authorities, should have the name Nav Buddha . Though it is the object of the petitioner is to bring all scheduled castes converts to Buddhism, under one name Nav Buddha , without mentioning the sub-caste in the community certificate, prayer sought for cannot be granted in the light of G.O.Ms.No.1773, SW, dated 23.06.1984, stated supra.
9. Needless to state that some of the sub-sects (arunthathiyars) within the scheduled castes are extended certain benefits in the matter of employment. In a case, where Arunthathiyar convert to Buddhism and seek for issuance of a community certificate, then the Revenue Authorities are obligated to issue a certificate mentioning the same as Buddhist, Scheduled Castes Arunthathiar, and issue a certificate. The petitioner, cannot seek for a Writ of Mandamus, directing the respondents to issue community certificates to persons, who have embraced Buddhism, by mentioning their religion name alone as Nava Buddha . The petitioner has no right to demand that the community certificate be issued, in the manner, as suggested by him. We are not inclined to issue any Mandamus. Though the learned counsel for the petitioner suggested that direction may be issued to consider the representation dated 03.03.2015, we are not inclined to issue such a direction, for the reason, that unless and until the prayer is valid, the representation need not be considered. Though it has been contented by the petitioner that the Government of Maharastra have issued community certificate, without reference to sub caste, the petitioner has not placed any document in proof of the said statement.
10. Accordingly, the Writ Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.