Mahendra Kumar Mitra Vs National Commission for Scheduled Castes

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA, READ WITH RULE 14(1) OF THE HIGH COURT OF KARNATAKA (PUBLIC INTEREST LITIGATION) RULES 2018, PRAYING TO ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION TO THE RESPONDENT NO.5, TO IMPLEMENT THE CIRCULAR NO. SWD 26 SAD 2020 DATED 20.05.2020 OF UNDER SECRETARY TO GOVERNMENT-2, SOCIAL WELFARE DEPARTMENT, VIKASA SOUDHA, BENGALURU ADDRESSED TO THE CHIEF SECRETARY TO GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA BANGALORE AND 09 OTHERS VIDE ANNEXURE-D SHOWN AT PAGE NOS. (131 TO 132) & ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND

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ORAL JUDGMENT

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(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

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Heard the petitioner-party-in-person.

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The prayer in this petition styled as public interest petition is to direct respondent No.5-the Principal Secretary, Department of Social Welfare, State of Karnataka, to implement the circular dated 20.05.2020 issued by the Social Welfare Department. It is also prayed to direct the other respondents-authorities to implement the said circular.

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The copy of the circular in question figures on record (at Annexure-D, page 131). It inter alia contains instruction that for all official transactions, matters, dealings, certificates etc., the term 'scheduled castes' and 'scheduled tribes', the words 'Harijan' and 'Girijan' should not be used.

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The said circular is based on the decision of the High Court of Madhya Pradesh, Gwalior Bench which, in the order dated 15.01.2018 passed in Writ Petition No.20420 of 2017 in

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Dr. Mohanlal Mahor vs. Union of India and others, observed

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and directed as under,

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"…that the Central Government/State Government and its functionaries would refrain from using the nomenclature "Dalit" for the members belonging to Scheduled Castes and Scheduled Tribes as the same does not find mentioned in the Constitution of India or any statute."

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In light of the above, the circular dated 20.05.2020 issued by the Government of Karnataka requires all the departments to follow the following instruction,

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"Therefore, all the Departments and Authorities of Government of Karnataka are requested that for all official transactions, matters, dealings, certificates etc, the Constitutional term, 'Scheduled Caste in English, and its appropriate translation in other national languages should alone be used for denoting the persons belonging to the Scheduled Castes/Scheduled Tribes notified in the presidential Orders issued under Article 341 of the Constitution of India."

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When the petitioner makes a grievance that the aforesaid

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circular is not implemented by the authorities, there is nothing to show or substantiate the case of the petitioner. It is a bare

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allegation. A mere statement in the petition would not be suffice to convince the court that the circular is not implemented.

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6.1 The court is not inclined to believe that the governmental authorities and government departments have not been following the mandate of the circular. If any authority fails to obey and implement the circulars, it is at its own perils.

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6.2 On the contrary, the presumption is that it is the government's own circular which will be and is being implemented by the authorities. It goes without saying that the circular for its avowed object of social justice and respecting the caste description shall be observed as provided for itself, by all government bodies, agencies and departments.

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Subject to above observations, the present petition is not entertained.

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Sd/-

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(N. V. ANJARIA) CHIEF JUSTICE

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Sd/(K. V. ARAVIND) JUDGE

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CR/List No.: 1 Sl No.: 10

Mahendra Kumar Mitra v. National Commission for Scheduled Castes

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Mahendra Kumar Mitra v. National Commission for Scheduled Castes

Case brief

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