ORDER
1. In both the Writ Petitions the challenge is made to the Circular Memo issued by the Government of Andhra Pradesh in N0.1478/J-II/96-1 dated 18-10-1996.
2. The question that falls for consideration, is whether the ‘Kammara’ Tribe as notified by the Presidential Order. 1976 is confined to certain areas or the entire State. The petitioners claim that they are residing in various parts of the Slate and they belong to ‘Kammara’. The President issued notification of Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 – Act 108 of 1976 dated 18-9-1976 wherein ‘Kammara’ was added under Part-1 in respect of Andhra Pradesh as falling under Schedule Tribe. Therefore, since the petitioners belong to ‘Kammara’, they are entitled to be treated as Scheduled Tribe and hence the action of the authorities in not recognising them as Scheduled Tribe is wholly illegal and arbitrary and they seek appropriate direction to the Respondents to issue the Scheduled Tribe Certificates.
3. In the counter filed on behalf of the Respondents, it is staled that ‘Kammara’ Caste is different from ‘Kammara” Tribe. The petitioners belong to ‘Kammara’ caste and therefore they cannot be treated as Scheduled Tribe under ‘Kammara’ tribe category. It is also stated that ‘Kammara’ is a Blacksmith, a section of Kamsala caste which is in many respects similar to Brahmin caste in observing the rituals. It is a telugu casle of Blacksmith found throughout the plain areas of the State. It is one of the sub-division in Viswa Brahmin casle which consists of Kamsali, Kanchari or Musari, Vadrangi or Vadla, Kammari or Kammara and Silpi etc. they are notified as socially and educationally backward classes by the Government of Andhra Pradesh in G.O.Ms.No.1793 (Education Department) dated 23-9-1970 under Group-B at SI.No.27. In view of this they cannot be treated as a ‘Kammara’ Scheduled Tribe. It is also further slated that even if such a Scheduled Tribe Certificate is issued they are invalid and it would amount to playing fraud and that it would not operate as an Estoppel. The officials in various districts have been seeking clarification about the ‘Kammaras’ as it was figuring in ‘Kamara’ caste which falls in B.C. category and ‘Kammara’ tribe falling under Scheduled Tribe. Similar doubts also brought to the notice of Government about ‘Konda Kapu’. The Government considered the matter and issued various guidelines in G.O.Ms.No.245, dated 30-6-1977. It is staled that there are some Tribes whose appellations are similar to that of some non-tribal groups inhabiting the plain areas of the State. This semantic resemblance in the nomenclature of some Scheduled Tribes and non-tribal groups have been causing confusion to the certifying officers and as a consequence certifying officers were issuing Scheduled Tribe community certificates to the persons belonging to non-tribal group with names similar to those of similar Scheduled Tribes. This wrong certification gave undeserved statutory benefits to the candidates thereby denying the said benefit to the rightful persons. There were number of complaints by the Scheduled Tribes and also their associations. It is further stated thai the Tribal Cultural Research and Training Institute examined this issue and it was found that ‘Kammara’ as “Hill Tribes” under the Agency Tracts Interests and Land Transfer Act, 1917 as Backward tribe under The Government of India Act, 1935 as “Aboriginal Tribe” in the list of Aboriginal tribes issued by the Government of Madras and as Scheduled Tribes under the Conslitution (Scheduled Tribes) Order, 1950. It was submitted that Kammara finds place in Ihe list of Scheduled Tribe under Conslitution (Scheduled Tribes) Order, 1950. Prior to lhat, name of ‘Kammara’ also finds place in the list of “Aboriginal Tribe” issued under the Government of India Act, 1935. It also find place in the list of “Hills Tribe” issued under the Agency Tracts Interest and Land Transfer Act, 1917. Even in G.O.Ms.No.187, Home (Judicial) dated 22-1-1918 issued by the erstwhile Government of Madras under the Agency Tracts Interest and Land Transfer Act, 1917 ‘Kammara’ found its place in the list of Hill tribes in the agency tracts of the then Godavari
Districts. It was also included in the list of Hill Tribes in the agency of Vizianagaram district. In the list of Backward tribes issued under 13th Schedule to the Government of India (Provincial Legislative Assembly) Order, 1936 ‘Kammara’ found its place in its backward tribes. In 1930, the list of Aboriginal tribes was issued by the then Government of Madras and it was notified as Aboriginal tribe in the agency tracts of Visakhapatnam and West Godavari districts. Therefore, it is stated that the name of ‘Kammara’ which finds its place in the list of Scheduled Tribes only referable tribal only, and not a caste. Originally, this tribe was confined to Agency tracts of Srikakulam, Vizianagaram, Vishakapatnam, East Godavari and West Godavari Districts and this was also noted by the Census Department. According to 1961 Census, the entire population of ‘Kammara’ tribe was 24.269. This ‘Kammara’ tribe is a quite different and distinguishable ethinic group with the Social and Cultural institutions from the non-tribal group with similar name. The ‘Kammara’ caste is different from ‘Kammara’ Tribe. The ‘Kammara’ caste was notified as backward class. Therefore, after careful consideration of the Report of the Tribal Welfare Department, Government issued Memo dated 18-10-1986. It is further reiterated that the order relates to ‘Kammara’ tribe in certain parts of the country and not in the entire Slate. Therefore, the Government submits that the petitioners cannot claim Scheduled Tribe status under ‘Kammara’.
4. The question that falls for consideration is whether the Memo issued by the Government dated 18-10-1996 conforms to the Presidential Order or it is violative of the said order ?
5. Under Article 342 of the Constitution of India, the President is empowered to notify after consultation with the Governor of a State the Tribes or tribal communities or parts or of groups within the tribes, or tribal communities which shall be deemed to be Scheduled Tribe in relation to that State. It is open for the Parliament to include or exclude from the list of Scheduled Tribes by appropriate law. Similarly, Article 341 of Ihe Constitution of India empowers the President to specify the caste, races or tribes or parts or groups within the caste, races which shall for the purpose of Constitution to be deemed to be Scheduled Caste in relation to that State. In exercise of the power conferred under Article 342(1) of the Constitution, the President issued an order Constitution of (Scheduled Tribes) Order, 1950. Part-IX related to the State of Hyderabad and the ‘Kammara’ caste is not included in Hyderabad State. It is only in Madras State ‘Kammara’ was mentioned at S1.No. 14. Again the President issued Scheduled Castes and Scheduled Tribes Order (Act 63 of 1956). In Part- relating to Andhra State, ‘Kammara’ is mentioned at SI.No.5 and it was treated as a Scheduled Tribe throughout the State. Again after formation of Andhra Pradesh Slate, the Presidenl issued Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 (Act 108 of 1976). It shows that ‘Kammara’ Iribe as notified in erstwhile Andhra State was also continued in Andhra Pradesh State as scheduled tribe only in all the districts of the State. Even prior to the re-organisation the same position existed. However, in erstwhile Hyderabad Slate, ‘Kammara’ was not treated as a Scheduled tribe.
6. In B. Basavalingappa v. D. Munichinnappa, , the Supreme Court was dealing with Scheduled Caste. It was observed by the Supreme Court that it is not open to make any modifications in Ihe order by producing evidence to show that though caste ‘A’ alone is mentioned in the ‘Order, Caste ‘B’ is also part of Caste ‘A’, therefore, must be deemed lo be included in Caste ‘A’. It may also be accepted that whenever one caste has another name it has been mentioned in brackets after it is in the order (like Aran (Mala), after it in the order Dakkala (Dokkalwar), Therefore, it was said by the Supreme Court that generally speaking, it would not be open to any person to led evidence to establish that Caste ‘B’ is a part of Caste ‘A’ notified in the order.
7. In Bhaiya Lal v. Harikishan Singh, , the Supreme Court observed that it is clear from Article 341(1) that in order to determine whether or not a particular caste is a Scheduled Caste within the Article 341, one has to look at the notification issued by the President in that behalf. Where, therefore, in a particular case, the notification refers to Chamar, Jatav or Mochi, in dealing with the question whether the candidate belongs to Scheduled Caste or not the enquiry which the Election Tribunal can hold is whether or not the candidate is a Chamar, Jatav or Mochi. The plea that though he is not a Chamar as such, he can claim the same status by reason of the fact that he belongs to the Dohar caste which is a sub-caste of the Chamar caste, cannot be accepted. An enquiry of this kind would not be permissible having regard to the provisions contained in Article 341 of the Constitution of India. The Supreme Court said that the object of Article 341(1) is to provide additional protection to Scheduled Castes having regard to the economic and educational backwardness from which they suffer. Before, a notification is issued under Article 341(1) an elaborate enquiry is made and as a result of this enquiry the social justice is sought to be done to the castes, races or tribes, as may appear to be necessary and in doing justice, it would obviously be expedient not only to specify parts or groups of castes, races or tribes, to make the said specifications by reference to different areas in the State. Educational and social backwardness in regard to these castes, races or tribes may not be uniform or the same intended in the whole of the State, it may vary in degree or any kind in different areas and that may justify the division of State into convenient and suitable areas for the purpose of issuing the public notifications.
8. In Principal, Guntur Medical College, Guntur v. Y. Panduranga Rao, AIR 1983 AP 339, it was held that where the claim of a person that he belongs to a particular Scheduled Tribe is contested it is permissible in a Court to take evidence that a particular person belongs to the community of the Scheduled Castes and Scheduled Tribes to establish identity. But, it is not the same thing to say that even though he belongs to a different community which is not enumerated in the list in the Schedule to the Presidential Order, he must be permitted to adduce evidence to show that the community, to which he belongs, though unenumerated in the said list belongs to the community enumerated in the Presidential Order. This is not permissible under law. The main object of the Presidential Order and subsequent modification of lists by the Parliament will be defeated if the parties are permitted to adduce evidence to show that unenumerated communities are also included in the list. In Director of Tribal Welfare, Govt. of A.P. v. Laveti Giri, , the Supreme Court issued various directions to ensure that proper certificates are issued after thorough enquiry and that the benefit should only go to the Scheduled Castes or Scheduled Tribes as the case may be.
9. In Dina v. Narayan Singh (1968 (38) ELR 212 SC), Dina declared in his nomination paper, as being a member of Gond (Mana), caste, a Scheduled Tribe in Gadehiroli Taluka of Chanda District in Maharashtra State. Evidence was led to show that he was Maratha Mana Therefore, he was not Gond. The Supreme Court found that the customs, manners, forms of worship and dress of the members of Mana Community are different from customs, manners, forms of worship and dress of Gonds. It was held by the Supreme Court that Manas are not Gonds and that, therefore, he was not a Scheduled Tribe under the Presidential Order entitled to get elected as a member of the Scheduled Tribes.
10. In Sirsh Kumar Choudhury v. State of Tripura (1990 Supp. SCC 220), a Bench of 3 learned Judges was called upon to consider whether Laskar community in State of Tripura is a Scheduled Tribe. In a representative petition under Article 226, they sought declaration that earlier to the Act and the Order, they were recognised as Scheduled Tribes by rulers of Tripura State and that they were Tripura/Tripuri/Trippera Laskar and that, therefore, they were entitled to the status
as Scheduled Tribes. The High Court dismissed the Writ Petition. On appeal, the Supreme Court held that though evidence may be admissible to verify the entries in the Presidential Order to find a caste/tribe included in a particular tribe or caste, tribal communities, the admissibility of the evidence is confined within the limitations enacted in the order. It is not, however, open to the Court to make any addition or substraction from the Presidential Order. Laskars, therefore, as a community cannot be included as Scheduled Tribes.
11. In Kumari Madhuri Patil v. Addl. Commissioner, Tribal Development , a Bench of two Judges, had to consider whether Kolis, a Backward Class in Maharashtra would be declared as Mahadeo Koli, a Scheduled Tribe in Maharashtra Despite the cultural advancement, the genetic traits pass on from generation to generation and no one could escape or forget or get them over. The tribal customs are peculiar to each tribe or tribal communities and are still being maintained and preserved. Their cultural advancement to some extent may have modernised and progressed but they would not be oblivious or ignorant of their customary and cultural past to establish their affinity to the membership of a particular tribe. The tribe or tribal communities, parts of or groups thereof have their peculiar traits. It was further held that Presidential declaration subject to amendment by Parliament is conclusive. No addition to it by way of declaration of castes, tribes or sub-caste, parts of or groups of tribes or tribal community is permissible. After an elaborate survey of the constitutional purpose and the relative caste structures, customs, marriage etc. it was held that Kolis are Backward Class and Mahadeo Koli are Scheduled Tribes. The appellants therein being OBCs were held not entitled to status as Scheduled Tribes.
12. The Supreme Court in Nityanand Sharma v. State of Bihar, , held that Lohars are other Backward Class are not Scheduled Tribes, the Court cannot give social status or declare them in the Act. Para 14 of the said judgment is extracted below:
“It is for the Parliament to amend the law and the schedule and include in and exclude from the Schedule, a tribe or tribal community or part of or group within any tribe or tribal community for the State, District or region and its declaration is conclusive. The Court has no power to declare synonyms as equivalent to the Tribes specified in the Order or include in or substitute any caste/tribe etc. It would thus be clear that for the purpose of the Constitution, “Scheduled Tribes” defined under Article 366(25) as substituted under the Act, and the Second Schedule thereunder are conclusive. Though evidence may be admissible to a limited extent of finding out whether the community which claims the status as Scheduled Caste or Scheduled Tribe, was in fact, included in the concerned Schedule, the Court is devoid of power to include in or exclude from or substitute or declare synonyms to be of a Scheduled Caste or Scheduled Tribe or parts thereof or group of such caste or tribe.”
13. Again in Heikhan Surchandra Singh v. Representative of “Lots” Kakching, Manipur (A Scheduled Caste Uplift Hody), , the issue arose whether Lois in State of Manipur falls in the Scheduled Castes or Scheduled Tribes, the Supreme Court affirmed the finding of the High Court that until amendment made to the list, the Lois are entitled to the status of scheduled caste, before issuance of certificate or status, the competent authority should enquire whether the application is subjected to the disability which schedule caste have been suffering and all those who satisfy the criteria alone are entitled to the issuance of certificate until amendment is duly made by the Parliament. The Supreme Court also directed the State Government to furnish to the President the report submitted by the Commission for laying before the Parliament to make necessary amendments under Article 341(2) of the Constitution of India.
14. In K. Krishnaiah v. District Collector, Nellore, (DB) the Division Bench of this Court held that although it was not open to the Election Tribunal to enquire into the question whether the fifth respondent is a member of the ‘Ganik’ caste, but having regard to his assertion in the counter-affidavit filed in the Court of the District Munsif in O.S.No.210 of 1995 that he is an ‘Adivelama’ by caste and Adivelamas are also known as ‘Ganikas’, it would not be permissible for the Election Tribunal to enquire into the question whether ‘Adivelamas’ are also known as ‘Ganikas’. In view of the admitted stand of the fifth respondent that he is an ‘Adivelama’, a casle which is not recognised as a backward community for the purpose of reservation for the Office of Sarpanch, Juvvalapalem Gram Panchayat, he was disqualified at the time of the election and this dis-qualification disentitles him from continuing as Sarpanch of the Gram Panchayat. The election itself was vitiated since a person suffering from a legal disability was allowed to contest in a reserved constituency and his success would amount to usurpation of Sarpanch.
15. Thus, it is clear from the above judgments that it is not open for this Court to interpret the Presidential Order so as to exclude or include the caste or tribe as notified under the Presidential Order. However; in the instant case, it is seen that under the Scheduled Tribes Order, 1976 “Kammara” is treated as Scheduled tribes throughput the State of Andhra Pradesh It is also not disputed that the ‘Kammara’ caste is also included in the Backward class as notified by the State Government. Therefore, there are two different sets of people one belong to ‘Kammara caste’ and another belong to ‘Kammara Scheduled Tribe’.
16. The Scheduled Tribes specified in the Order in relation to State or to a District or other territorial jurisdiction thereof and shall be construed as reference to the State, District or other territorial division in that particular State as constituted as on the 1st day of May, 1976. The substituted schedule in relation to A.P. State is contained in Part-I, item 10. specifies ‘Kammara’, a Scheduled Tribe through out the State. The issue is whether ‘Kammara’ is a caste or a Scheduled Tribe. Similar issue arose in Nityanand Sharma’s case (supra), as to whether Lohars fall within the Scheduled Tribe which specified Lohara/Lohra. The Supreme Court cleared that Lohars are Blacksmiths while Lohara/Lohras are Scheduled Tribes. The Supreme Court while referring to the authoritative text by H.S. Hisley observed thus:
“9. In ‘Tribes and Castes of Bengal’ written by renowned Socialogist, H.S. Hisley in Volume II, is found the description of Lohar as Blacksmith of Bihar, Chota Nagpur and West Bengal He mentions therein thus :
“Lohars, as sub-castes of Barhi in Bihar only work in iron. They are, however, distinct from, and do not inter-marry with the Lohra caste. The latter are probably Dravidian descend, while former appear to be an occupational group.
Lohar, a synonym for Kamar in Behar, a mul or section of the Naomulia or Majraut sub-caste of Goalas in Behar; a Section of kamis in Darjeeling.”
So far as ” Lohars of Behar” are concerned, the author says:
“In Behar the caste works as blacksmiths and carpenters while many have taken to cultivation. They buy their material in the form of pigs or bars of iron. Iron smelting is confined to the Lohars of Chota Nagpur, and is supposed to be a much less respectable form of industry than working up iron which other people have smelted. In the Santhal Parganas Lohars often cultivate themselves while the women of the household labour al the …..”
The other sub-castes of Lohra and Loharas have been stated by the author as follows:
“Lohara, a sept of Mundas in Chota Nagpur. Lohar-Agaria, a sub-tribe of Agarias in Chota Nagpur, Loharatengi, section of Rajwars in Western, Bengal,
Loharbans, iron a totemislic sept of Chicks; a section of Gasis in Chota Nagpur. Lohra, a synonym for Asura and Lohar.
Lohra Asur, a sub-tribe of Asuras in Chota Nagpur.
10. ‘Lohara’ or ‘Loharas’ are thus different from ‘Lohar’ in Bihar as ‘Lohars’, as noticed hereinbefore are ranked with Koiris and Kurmis whereas Lohra or Loharas are merely sub-castes, a sept of Mundas in Chola Nagpur of sub-tribes of Asurs who are Scheduled Tribes.
11. According to Hisley, Lohars are large and heterogeneous aggregate comprising members of the several different tribes and castes, who in different parts of the country took up the profession of working in iron. Of the various sub-castes… the Kanaujia claim to be the highest in rank, and they alone have a well marked set of exogamous sections. They regard Vishwani as their legendary ancestors, and worship him as the trolary deity of their cracts. The Magahaiya seems to be the indigenous Lohars of Bihar, or opposed to the Kanaujia and Motiniya, who profess to have come in turn from the North-West Provinces. The Kamia Lohars found in Champaran have immigrated from Nepal and are regarded as ceremonally unclean. The Manhhum Lohars acknowledge three sub-caste-Lohar Manjhi, Danda Manjhi and Begdi Lohar, names which suggest, a connection with the Begdi castes. Lastly, in Loharadagga we have the Sed-Lohars, claiming to be immigrant Hindus; the Manjha Turiyas who may well be a branch of the Turi caste; and the Munda Lohars who are certainly Mundas. In Andhra Pradesh, Blacksmiths are known as Kammara, who work on preparing iron articles for agricultural operations, and Kamsalis prepare gold ornaments. They are O.B.Cs.. Their names are different from region to region. It would thus be clear that Lohars are Blacksmiths, while Loharas/Lohra are Scheduled Tribes.”
17. In the celebrated Works of Edgar Thurstons’s Castes and Tribes of Southern India (published by the then Government of Madras in 1901), in relation to Kammara, it is stated “The Kammaras are the Blacksmiths section of the Telugu Kamsalis whose services are in great demand by the cultivator whose agricultural implements have to be made and constantly repaired.” While describing Kamsala, the Writer stated that ‘Kamsala: They have five occupational sections called Kamsali (Goldsmith), Kanchari or Musari (brass smiths), Vadrangi (Carpenter) and Kasi or Silpi (stone masons). Even the Supreme Court had observed that Blacksmiths in Andhra, Pradesh are known ‘Kammaras’. The Supreme Court identified their avacation by saying that they work on preparing iron articles for agricultural operations and Kamsalies prepare the gold ornaments and they fall under Backward Class. They are O.B.C. Their names are different from region to region. The Government of Andhra Pradesh also notified various castes in the Backward Class list. In G.O.Ms. No. 1793 dated 23-9-1974 as item No.32 in Group B in the list of socially and educationally backward class reads thus:
“21. Viswabrahmins Ausala or Kamsali, Kummari, Kanchari, Vadla or Vadra, or Vadrangi and Silpis.”
Five groups namely Ausala/Kamsali, Kummari, Kanchari, Vadla/Vadra/Vadrangi and Silpi. These groups have also been referred to as Viswabrahmins as can be seen from the statement in Edgar Thurston’s Castes and Tribes in the South India:
“Viswakarma and Viswa Brahman are synonyms for Kammalan, the members of which class claim descent from the five faces of Viswakarma, the architect of the Gods” (P.412-Vol.VII).
“The Kammalans are made up of five occupational sections, viz. Tattan (goldsmith), Kannan (brass-smith), Tacchan (carpenter), Kal-Tacchan (stonemason), and Kollan or Karuman
(blacksmith). The name Panchala, which is sometimes used by the Tamil as well as the Canarese artisan classes, has reference to the five-fold occupations. The various sections intermarry, but the goldsmiths have, especially in towns, ceased to intermarry with the blacksmiths. The Kammalans claiming…. to be Brahmans, have adopted Brahman .. cal gotras …” (pp.107-108, Vol.III).
“Kammara : The Kammaras are the blacksmith section of the Telugu Kamsalas whose services are in great demand by the cultivator, whose agricultural implements have to “be made, and constantly repaired….”. (P.140, Vol.III). “Kamsala:- The Kamsalas, or, as they are sometimes called, Kamsaras, are the Telugu equivalent of the Tamil Kammalans. They are found northward as far as Berhampore in Ganjam….. Like the Kammalans, they have five occupational sections, called Kamsali (goldsmiths), Kanchari or Musari (brass-smiths), Vadrangi (carpenters), and Kasi or Silpi (stone-masons)…. Inter-marriage takes place between members of the different sections, but the gold smiths affect a higher social status than the blacksmiths, and do not care to interdine or intermarry with them. They have taken to calling themselves Brahmans, have adopted Brahmanical gotras, and the Brahmanical form of marriage rites…” (pp. 141-142,
Vol.III).
The word ‘Kummari’ is the Backward Class in item No.21 appears to have been wrongly printed instead of ‘kammari’ as ‘Kummari’ does not fall within the subsex of Viswabrahmins and the word ‘Kummari’ is relatable part maker. In fact this situation was also accepted by the Government in the counter filed in W.P.No.2155/1986. This issue was also dealt by the Division Bench of this Court in W.P.No.2155/1986 dated 24-10-1989. It was a case wherein Nizamabad district was claiming to belong to Kammara tribe on the ground that the presidential order included ‘Kammara’ in the Scheduled Tribe in the entire State. It was contended for the petitioner that the list of Scheduled Tribes in Andhra Pradesh was substituted by Central Act 108/76 by which, Kammara tribe is a Scheduled Tribe for the entire State, though prior to the said amendment the said tribe was notified as Schedule Tribe only in Andhra Area of the State. Therefore, in the face of this amendment, it was contended that it was not permissible for the Government to contend that ‘Kammara’ tribe found only in the Andhra area of the State, but not in Telangana area of the State. Justice Jeevan Reddy (as he then was) speaking for the Bench holding that the said contention was based on misapprehension observed:
“The respondents are not saying that “Kammara” tribe cannot be found in Telangana area What they say is that ‘Kammara’ tribe was inhabiting the Agency areas which are to be found only in the Andhra area of the State, and that inasmuch as the petitioner does not claim that his ancestors or forefathers have migrated from that area to Nizamabad district, his claim of being a member of Scheduled Tribes is unacceptable. This is merely one of the several grounds upon which the respondents say that the petitioner is not a member of Scheduled Tribes. Same is the position with respect to the report of the District Tribal Welfare Officer.”
The Bench also repelled the contention that even though the petitioner belongs to “Kammari (caste)”. Since the said caste is notified as Scheduled Tribe holding that it is not only inconceivable, but is impermissible under Article 342 of the Constitution of India. The Bench held that Kammari caste is a group among Viswabrahmins and Backward Class while ‘kammari’ tribe is a Scheduled Tribe. Thus, it is clear that ‘kammari’ tribe and ‘kammari’ caste are quite distinct and different Ethinically, socially and culturally and they do not go together. Normally it is observed that the tribals mostly live in the agency areas. But, however, it cannot be understood that the Kammara tribals only
inhabited and confined themselves to the scheduled areas of East Godavari, West Godavari, Visakhapatnam, Vizianagaram and Srikakulam districts. The very notification itself issued in 1976 states that ‘kammara’ tribe throughout the State is declared as Scheduled Tribe. Therefore, it has to be presumed that this tribe can be identified even in other areas of the State, both in the agency track or non-agency tracks. It is not compulsory that the ‘kammara’ tribe should inhabit in the tribal area or in the agency areas and they may also be traced in anon-tribal areas also. Therefore, the identification of the tribals is the criteria and the identification should be based on the enquiry in respect of the traditional customs, manners, forms of worship, dress, marriage, marital relations, place of habitation, linguistic affinity, social and cultural environments, caste structure etc. There may be ‘kammara’ caste people in the scheduled areas and similarly ‘kammara’ tribes people in the non-scheduled areas and hence the method and manner of identification is criteria for determination for ‘kammara’ caste and ‘kammara’ tribe. But, however, the reasons given in the impugned order for restricting the issue of certificate only in the particular areas or districts are as follows:
“2. Government after careful consideration, issued the following circular instructions:
3. In G.O.Ms.No.245, dated 30-6-1977, Social Welfare (E) Department certain guidelines were issued to the Officers competent to issue caste certificate. Among other things in the above guidelines in respect of ‘Kammara Community’ it is mentioned that ethinically and culturally the Kammara living in the plain areas are quite different from the ‘Kammaras’ living in the Scheduled Areas despite their similar traditional occupations:
(i) The main occupation of Kammaras living in plain areas is blacksmithy but they never work in the agricultural fields whereas for the Kammara living in Scheduled areas agricultural has become the subsidiary occupation.
(ii) The way of life and cultural practice of Kammaras living in Scheduled areas is almost similar to that of other tribal groups. The social organisation of Kammaras of the Scheduled areas of West Godavari, East Godavari, Visakhapalnam, Vizianagaram and Srikakulam districts is quite distinct from that of the social organisation of Kammaras living in the Plain areas of Andhra Pradesh i.e. other than the above 5 districts and that there are neither matrimonial alliances nor any other relationship between those two groups.
(iii) The Kammaras living in Scheduled areas are divided into a number of clans such as ‘Korra’ (Sun) ‘Bhallu’ (Bear) ‘Bhag’ (Tiger) ‘Ganga’ (Water) ‘Hanuman’ (Monkey) and these clan names are quite akin to the clan names of other Scheduled tribes living in the Scheduled Areas. But this clan Organisation is not found in the Social Organisation of Kammaras living in the plain areas.
(iv) The Kummaras of Scheduled areas practice marriage by capture whereas this type of marriage is strictly prohibited in the Kummaras of plain areas. Divorce and widow remarriages are socially allowed by the Kammara living in plain areas whereas the Kammaras living in Scheduled areas do not customarily allow either divorce or widow remarriage; and
(v) The Kammaras of plain areas are mostly vegetarian and they wear sacred thread but Kammaras of Scheduled areas are beef-eaters and they do not put on the sacred thread.
The reference of Kammara tribe who are living in Scheduled areas and adjoining Sub-plan villages of Srikakulam, Vizianagaram, Visakhapatnam, East Godavari and West Godavari districts only are to be considered as Scheduled Tribes and Kammari or Kammara section of
Viswabrahmin caste of Kammari or Kammara caste, outside the above mentioned are as cannot be treated as Scheduled Tribes and cannot be granted Scheduled Tribe Certificates.”
The reading of the above paras would clearly indicate that the instructions contained therein go contrary to the spirit of the notification issued by the President. While the presidential notification says that the ‘Kammara’ tribe throughout the State is Scheduled tribe, the impugned notification restricts the tribe only to the certain places which is not permissible. As already observed, that while it is open for the authorities to identify the tribes with reference to the criteria mentioned above including the guidelines issued by the Government in G.O.Ms.No.245, dated 30-6-1997, but to say that no Scheduled Tribe certificate can be issued in respect of ‘Kammara’ tribe in places other than the Scheduled areas and adjoining sub-plain villages of Srikakulam, Visakhapatnam, Vizianagaram, East Godavari and West Godavari districts is wholly illegal and violates the presidential order. Under these circumstances, the impugned proceedings dated 18-10-1996 are quashed. However, it is made clear that whenever an application is made for issue of Scheduled Tribe Certificate in respect of ‘Kammara’ tribe, it is open for the authorities to conduct the enquiry as observed above and a mere proclamation by a person that he belongs to ‘Kammara’ tribe would not automatically entitle him to get the Scheduled Tribe Certificate. Therefore, whenever, such a matter relating to issue of caste or tribe certificate or enquiry relating to the genuineness of such certificate arise, the authorities are required to enquire into the matter in accordance with the procedure laid down and take appropriate action. It is also made clear that if the ‘Kammara’ tribe certificates are issued to the persons who are not eligible, it is open for the authorities to cancel the same in accordance with the relevant statutory provisions.
18. The Writ Petitions are accordingly disposed of No costs.