AKHILA KERALA MAVILAN SAMAJAM THROUGH ITS DISTRICT PRESIDENT, KASARAGOD DISTRICT COMMITTEE, KERALA STATE v. UNION OF INDIA

BY ADVS. SRI.K.R.RAJKUMAR, ADDL.CGSC (FOR R1, R3 & R4) SRI. ROBIN RAJ M K (SPL GP) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

08.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.18160/2015 -:3:- J U D G M E N T This writ petition has been filed seeking the following reliefs: i. Call for the entire records leading to the case from the concerned respondents Ministry, departments and from the state and the central governments. ii. issue a writ of Certiorari and/or any other appropriate Writ/ direction or order quashing and setting aside the Part of the Constitution (Scheduled Tribes) Order (Amendment) Act, 2013 (No.24 of 2013), passed under Article 342, that has included the non-Tribe as part of Scheduled Tribes list for the State of Kerala i.e., “(a) in Part-VII..Kerala, after entry 27, insert- “28. Marati (of the Hosdurg and Kasargod Taluks of Kasargod District)" [Ext.P19] And; iii. Declare that the Constitution (Scheduled Tribes) Order (Amendment) Act, 2013. (No.24 of 2013), in as much as and to the extent it includes Marati (of the Hosdurg and Kasargod Taluks of Kasargod District) is ultra vires and violative of Article 14 and 21 of the Constitution of India and therefore void and inoperative. iv.

Quash the recommendations made by the Government of Kerala, which formed the basis of the W.P.(C) No.18160/2015 -:4:- Constitution (Scheduled Tribes) Order (Amendment) Act, 2013. (No.24 of 2013), for the inclusion of Marati community vide Order No. G1/2010/SCSTDD dated 31.8.2010 (Ext.P13) and the recommendation by the National Commission for Scheduled Tribe vide recommendation No.16/01/inclusion/2012 RU-III dated 12.07.2012 (Ext.P16) as illegal and unconstitutional. v. Issue specific direction to the National Commission for Scheduled Tribes to initiate time bound steps to exclude Marati community from the list of Scheduled Tribes in State of Kerala, included vide Constitution (Scheduled Tribes) Order (Amendment) Act, 2013. ( No. 24 of 2013), passed under Article 342 i.e., "(a) in Part-VII..Kerala, after entry 27, insert- "28. Marati (of the Hosdurg and Kasargod Taluks of Kasargod District)" And; vi.

Declare that Marati (Hosdurg and Kasargod Taluk of Kasargod District) of Kerala are not entitled to be included in the list of Scheduled Tribe and are not entitled to the benefits of Scheduled Tribe. vii. Issue detailed guidelines to the state and the Central Governments for the inclusion and exclusion of a community from the list of Scheduled Tribe, from the Presidential Order in tune with Art. 342 (1) and (2) of the constitution. viii. Issue a writ of Mandamus or any other appropriate W.P.(C) No.18160/2015 -:5:- writ direction or order to the government of Kerala to implement the proposal for the exclusion of Marati community from the list of Scheduled Tribe as provided in Exhibit P-20 dated 16.11.2013. ix. Pass such other relief or reliefs as this Hon'ble Court deems just and proper in the facts and circumstances of the case may also be granted.

It is seen from the pleadings in the writ petition that W.P.(C)No.27770 of 2012 was filed before this Court seeking almost identical reliefs. That writ petition was dismissed by this Court through Ext.P18 judgment finding as follows: “2. The sequence of events as narrated in the writ petition shows that the community by name 'Marati' was earlier included in Ext. P1 Constitutional Order as a Scheduled Tribe community. This order was issued by the President invoking the power and procedure under Article 342(1) of the Constitution of India. Subsequently, based on various studies as to the socio-economic status of the persons belonging to the community, reports were submitted by KIRTADS, as borne by Exts.P3 and P4, whereby it was categorically asserted that they do not come within the purview of 'Scheduled Tribe' and it was accordingly, that the W.P.(C) No.18160/2015 -:6:- 'Marati' community came to be omitted from the list by virtue of a conscious exercise of the legislative power vested with the Parliament under Sub Article 2 of Article 342, as borne by Ext.P5. Now after a few years, things have taken a different turn following the same cycle, whereby another report has been procured from the KIRTADS, as borne by Ext.P6, certifying that the socio economic status of the persons concerned is enough to have them certified as belonging to Scheduled Tribe. The reason stated as pointed out by the petitioner is that, the persons concerned have entered into marriage with similar community in Kasargod district and hence they are entitled to be reinducted as Scheduled Tribes in the list. The learned counsel for the petitioner submits that SC/ST status of the particular community is to be assessed with reference to the facts and circumstances as prevailing in the State and not with reference to the circumstances prevailing elsewhere.

During the course of hearing, it is brought to the notice of this Court that the report of the KIRTADS as per Ext.P6 was recommended by the second respondent and thereafter, the matter was referred to SC/ST Commission. The Commission also examined the matter and a recommendation has been made so as to have them included in the list of Scheduled Tribes, as borne by Ext.P8. It is at this point of time, that the petitioner has approached this Court deprecating the stand of the concerned respondent and seeking for W.P.(C) No.18160/2015 -:7:- interference of this Court. It is relevant to note that jurisdiction of this Court to deal with such matters is very limited, more so, in view of the settled law, whether a particular community belongs to Scheduled Tribe or not, does not come within the powers and jurisdiction of this Court and it is not for this Court to conduct any equalisation exercise or some other method so as to arrive at a finding as to whether that community is entitled to have an entry in the list already declared.