Holding

The draft Rules are substantially conformable to the Supreme Court guidelines, notwithstanding minor variations in committee composition, and must be published and enforced.

Summary

The Supreme Court examined a petition by the Director of Tribal Welfare seeking clarification on whether the Andhra Pradesh Scheduled Castes, Scheduled Tribes and Backward Classes Rules for Issue of Community Certificates, 1997, complied with earlier Supreme Court guidelines on caste‑certificate issuance. The Court reviewed the draft rules, noting that they largely adhered to the guidelines issued in Kumar Madhuri Patil v. Additional Commissioner, Tribal Development and Director of Tribal Welfare v. Laveti Giri, except for minor variations in the composition of the State‑level and District‑level Scrutiny and Review Committees. The Court held that these variations did not defeat the purpose of the guidelines and that the rules were substantially conformable. Consequently, the Court directed the State Government to publish the rules in the State Gazette and to enforce the Act and Rules in accordance with the Supreme Court’s directions. The application was ordered accordingly.

Issues considered

Whether the draft Rules for Issue of Community Certificates are in conformity with the Supreme Court guidelines issued in earlier cases.
Whether the variations in the constitution of the Scrutiny and Review Committees under Rules 7 and 8 are permissible.
Whether the State Government must publish the Rules in the Gazette and enforce them.

Subjects

community certificatesscheduled castesscheduled tribesbackward classesrule makingscrutiny committeeSupreme Court guidelinescaste certificateadministrative law

Judgment

THE DIRECTOR OF TRIBAL WELFARE A
v.
LAVETI GIRI AND ORS.

MARCH 10, 1997

[K. RAMASWAMY AND G.T. NANAVATI, JJ.] B

Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward
classes) Regulation of Issue of Community Certificates Act, 1993 :

Caste Certificates--lssua11ce of-Guidelines issued by this Court* in- C
dicating that Govemment of India would enact a u11if01m legislation-Draft
rules fiamed by State of A11dl1ra Pradesh, namely, A.P. Scheduled Castes,
Scheduled T1ibes and Backward Classes Rules for Issue of Community
Certificates, 1997-Held, except some variati01~ in the matter of Constitution
of Committees in Rules 7 and 8 from the guidelines issued, all otller
provisions are in con/011nity with the guidelines issued by this Court-Draft D
rules are substantially conformable to the directions issued by this
Court-State Govemment would have the Rules published in State Gazette
and enforce the Act and the Rules in the light of the law laid down by this
Court.
E
*Director of Tribal Welfare, Govemment of A.P. v. Laveti Giri & Anr.,
[1995] 4 SCC 32 and Kumar Madhuri Patil v.Addl. Commissioner, Tlibal
Developmen~ [1994] 6 SCC 241, relied on.

CIVIL APPELLATE JURISDICTION: I.A. No. 1of1996.
F
IN

Civil Appeal No. 4545 of 1995.

From the Judgment and Order dated 16.1.84 of the Andhra Pradesh
High Court in W.A. No. 1040 of 1993. G

P.P. Rao, T. Anil Kumar, D. Mahesh Babu and A. Balaji for the

~\ Applicant.

f' Y.P. Rao for the Respondents.
923
H

••
t
924 SUPREME COURT REPORTS [1997] 2 S.C.R.

A The following Order of the Court was delivered :

In Kumar, Madhuri Patil v. Addi. Commissioner, Tribal Developme11~
(1994] 6 SCC ~41, this Court had issued guidelines for the officers to issue
caste certificates to the Scheduled Castes and Scheduled Tribes for the
B purpose of admission to educatioual institutions and also employment to a
post or office under the State. When the similar matter, viz. Director of
Tribal Welfare, Govemme11t of A.P. v. Laveti Giri & Anr., [1995) 4 S<;C 32
had come up before the Court, this Court reiterated the guidelines in
paragraph 7 indicating the manner in which the applications were required
C to be disposed of. In paragraph 8, also it was indicated that the Govern-
ment of India would come forward .with uniform legislation and necessary
guidelines prescribing penal action against persons who violate such
guidelines or obtain false caste certificates, which is a fraud on the Con-
stitution and defeat the constitutional objectives.

D
The Andhra Pradesh State Legislature has enacted the Andhra
Pradesh (Scheduled Castes Scheduled Tribes and Backward Classes)
Regulation of Issue of Community-Certificates Act, 1993 (16 of 1993) (for
short, the 'Act') which came into force with effect from September 8, 1993.
E The above Act came to be made pursuant to a direction issued by the
Andhra Pradesh High Court. The Act regulates issuance of community
certificates to the Scheduled Castes, Scheduled Tribes and Backward
Classes (for short, the 'Dalits', 'Tribes' and 'OBCs'). Section 3 prescribes
procedure for making application. Section 4 prescribes competent
authority to issue such certificates. Section 5 prescribes procedure for
F cancellation of the false certificates. Section 6 lays the burden of proof of
status of caste on the claimant. Section 7 provides for right of appeal and
review. Section 8 gives power of revision to the Government in the
prescribed manner. Section 9 gives power to the competent authority to
avail the appropriate provisions in C.P.C. while conducting the enquiry.
G Sections 10 to 16 deal \vith the penalties, offences and also the trial and
consequent punishment etc. thereof. Section 17 bars the jurisdiction of the
Civil Court to take cognizance of the matters coming under the Act or the
power to issue any injunction in that respect. Section 18 protects the
officers who act in good faith. Section 19 gives overriding power over other
H laws and Section 20 gives the rule making power to the State Government.
DIRECTOR OF1RIBAL WELFAREv. LAVETI GIRi 925
//

The petitioner .has filed the present application for directions or A
clarifications, since, according to the petitioner, the guidelines issued by
this Court are required to be worked out within the framework of the above
Act. Accordingly, by order dated August 20, 1996, this Court directed the
""--,
State Government to make rules in conformity with the Act and the
guidelines issued by this Court, as far as possible, they need to be in line B
therewith. If they are not in conformity, then lhe matter can be looked into
after the rules are made_ part of the record. In furtherance thereof, the A.P.
Scheduled Castes, Scheduled Tribes and Backward Classes Rules for Issue
of Community Certificates, 1997 (Draft Rules) have been made. Rules 1 to
19 deal with the manner, method and issuance of the certificates, cancel-
lation. of false_ certificates, procedure for verification, burden of proof of C
the claims, scrutiny_ and review by the committees. Rules 7 and 8 are
relevant for this .purpose.

Rule 7 provides for constitution of Scrutiny and Review Committee
at the State level and Rule 8 deal~ with Scrutiny Committee at the District D
Level. They are as under :

"7. Scmti11y a11d Review Committee (State level) :

A Scrutiny and Review Committee shall be constituted at the State
Level with the following officers : E
(a) (1) Principal Secretary to Government -- Chairman
Social Welfare Department.
(2) Commissioner, Social Welfare -- Member
(3) Commissioner, Tribal Welfare -- Member F
(4) Commissioner, Welfare of -- Member
Backward Classes
(5) Inspector General of Police, -- Member
C.B.CJ.D. (P.C.R. & Vigilance
Cell)
-a
(6) Additional Secretary/Joint -- Member
Secretary/Deputy Secretary to the (Convenor)
Government Social Welfare
Department
H
926 SUPREME COURT REPORTS [1997] 2 S.C.R.

A (b) This Scrutiny and Review Committee shall meet once in three
months or as often, depending on the necessity.

(c) Presence of three members will form the required quorum
for the meeting of the committee.

B (d) This Committee shall review and monitor the functioning of
the Scrutiny Committees at the District level (Constituted
under Rule 8), it shall render necessary advice to the Govern-
ment on various poiicy decisions to be taken for streamlining
the procedures or on any other issues related to the issuing
c of Community Certificates as per Act 16 of 1993.

(e) The Committee may also render necessary guidance and
advice to the Government on cases referred to it, where
divergent and conflicting enquiry reports are received by the
Government, in respect of the community claims.
D
8. SCRUTINY COMMITTEE (DISTRICT LEVEL) :

(a) In every District, a Scrutiny Committee shall be constituted
with the following officers :-
E
1. Joint Collector -- Chairman
2. District Revenue Officer -- Member
(Convenor)
3. Deputy Director (Social Welfare) -- Member
F Deputy Director -- Member
(Tribal Welfare)/District Tribal
Welfare Officer.
Deputy Director -- Member
(Backward Classes Welfare )/District
G
Bacl"Ward Classes Welfare Officer
4. Officer of the Research Organisation in -- Member
the Commissionerate of SW/TW
nominated by the concerned Heads of
the Department.
H
IJ DIRECTOR OF TRIBAL WELFARE v. LAVETI GIRi 927

5. Officer representing the PCRNigilance 1-- Member A
Cell in the District.

(b) the Scrutiny Committee shall meet at least once in a month or
as often, depending on the case referred to it.

(c) Presence of three members will form the required quorum for B
the meeting of the committee.

(d)(l) The Scrutiny Committee, on receipt of the cases referred
to it by the Competent Authority under Rule 5(i), shall conduct
enquiry regarding the doubtful claims, by giving notice in Form V C
to the applicant, within the period specified in the notice. This
period should not be less than 15 (fifteen) days from the date of
service of the notice on the applicant <!nd in no case, on request,
more than 30 (thirty) days should be allowed. This notice shall be
served on the applicant through the Competent Authority who
referred the case to the Committee. D

(2) The notice referred to in Form-V shall be served on the
parent/guardian in case the applicant is a minor.

. (3) Where the person on whom a notice in Form-V is served by E
the Scrutiny Committee fails to respond on the date mentioned in
the notice, the Scrutiny Committee may finalise its recommenda-
tions based on the material/documents/evidence made available to
the Committee by the Competent Authority.

(4) The Scrutiny Committee shall cause enquiry, following the due F
process of law, to verify the genuineness or otherwise of the
information furnished or recorded from such persons as called in
the enquiry as per Form V. It shall also cause to collect documen-
tary evidence/or any other related evidence about the correctness
,..
, or otherwise of the information furnished or objections raised by G
any person during the enquiry.

,(5) The Scrutiny Committee may examine the school records, birth
registration certificates, if any, furnished by the persons during the
enquiry. It may also examine any other person who may have
knowledge of the community of the applicant. With reference to H
928 SUPREME COURT REPORTS (1997) 2 S.C.R.

A the claims .of Scheduled Tribes, it may examine the anthropolotical
and ethnological traits, deity, rituals, customs, mode ofmarriage,
death ceremonies/method of burial of dead bodies etc., of that
particular tribe, to finalise its recommendations to the Competent
Authority.

B (6) The Scrutiny Committee should give reasonable opportunity to
the applicant to produce evidence in support of their claim. A
public notice by the beat of drum or any other convenient mode,
may be published in the village or locality of the applicant and if
any person or association, opposes such a· claim, opportunity to
C produce evidence in person before the Committee may be given
to him or her. After giving such an opportunity to that person, the
Committee may make such enquiry as it deems expedient and
finalise its recommendations, with brief reasons in support thereof,
to the Competent Authority.

D (7) The Scrutiny Committee may examine the report of enquiry
conducted by the Revenue Department furnished to it by the
Competent Authority. It may also obtain expert opinion from the
Commissionerate of SWffW through the officers of the Research
Organisations of these Commissionerates who are the members of
E the Scrutiny Committee, if deemed necessary. These enquiry
reports may be compared and then recommendations of the
Scrutiny committee may be finalised as to whether the community
claim of that applicant is found to be false or genuine.

(e) The Chairman of the Scrutiny Committee i.e., Joint Collector
F '.· of the District, shall send the recommendations of the Committee
. to the Competent Authority stating clearly whether the ~ommunity
claim of the person in question or his or her children, is genuine
or false with reasons thereof, within 45 days from the date of the
receipt of the case referred to it by the Competent Authority."
G Provisions have been made for appeals and review etc. Rule 15
prescribes action in case of false claims. Validity of Integrated Community
Certificate has been dealt with in Rule 16. In case of loss of the original,
Rule 17 empowers the officers to issue duplicate caste certificate. Rule 19
deals with provisional admission or appointment pending the issuance of
H the caste certificates. Rule 20 repeals the existing Rules. Rule 21 saves the
DIRECTOROFTRIBAL WELFAREv. LAVETIGIRI 929

action taken etc. Schedules have been appended to supplement the rules. A
A reading of the Rules would indicate that except some variation, in
the matter of the Constitution of Committees, in Rules 7 & 8 from the
guidelines issued, all other provisions are in conformity with the guidelines
issued by this Court.
B
Though Shri Rao seeks to contend that notice may be issued to the
Central Government and other State Governments to make rules on par
with above for finalisation of the .rules so as to be uniformly applicable
throughout the country, we think that we need not undertake such exer-
cises. It would be for the Central Government to appropriately deal with
the matter by giving some leverage to the State Governments to modulate C
the rules conformable to the .above law and the guidelines, as far as
possible, to suit the conditions prevailing in the State concerned so that
they could be worked out in systematic manner without any difficulty in
implementation.
D
Under the circumstances, we are of the view that the draft rules
placed before us are substantially conformable to the directions issued by
this Court. We, therefore, direct the State Government to have them
published in the State Gazette and enforce the Act and the Rules in the
light of the law laid down by this Court.
E
The application is accordingly ordered.

R.P. Appln. ordered.