A plea has been filed in the Telangana High Court challenging the legality of the Telangana government's decision to constitute a one-man commission for conducting a detailed study on sub-classification Scheduled Caste communities in the State. .The plea has been filed by one Batthula Ram Prasad who is a social worker and the President of Mala Welfare Association. Prasad has challenged the State government's decision on the ground that the one-man Commission has been constituted without mandatory consultation with the National Commission for the Scheduled Castes as prescribed under Article 338 (9) of the Constitution of India. Prasad has contended that the sub-classification of Scheduled Castes is a major policy decision that affects the rights and entitlements of Scheduled Castes under various provisions of the Constitution of India."Any policy decision in this regard will have a widespread impact on the constitutional rights of Scheduled Castes, including the quantum of reservation to which they would be entitled after sub-classification", the plea added. Thus, Prasad contends that the State's decision to set up such a commission without consulting the National Commission is illegal, arbitrary and deserves to be set aside..In his plea, Prasad also referred to the Supreme Court's recent judgment in which the top court has upheld the power of States to sub-classify reserved category groups into different groups for extending the benefits of reservation to them, based on their backwardness.Prasad, however, added that the Supreme Court, in its decision, failed to interpret the relevant provisions of the Constitution on consultation with the National Commission before undertaking the exercise of sub-classifying Scheduled Castes. He has contended that such consultation is mandatory.Moreover, Prasad stated that by being a member of the Mala community, which is a Schedule Caste community, the State government's decision directly affects him. Prasad's plea challenging the State's government order constituting the commission has been filed through Advocate B Karthik Navayan..The Telangana government set up the one-man commission in question last month, by a government order passed by its Scheduled Caste Development Department. Former High Court judge Justice Shameem Akhter has been appointed to head this commission. The commission has been asked to study sub-classification within Scheduled Castes in the State, to examine various aspects associated with the issue and to make recommendations to the State government.
A plea has been filed in the Telangana High Court challenging the legality of the Telangana government's decision to constitute a one-man commission for conducting a detailed study on sub-classification Scheduled Caste communities in the State. .The plea has been filed by one Batthula Ram Prasad who is a social worker and the President of Mala Welfare Association. Prasad has challenged the State government's decision on the ground that the one-man Commission has been constituted without mandatory consultation with the National Commission for the Scheduled Castes as prescribed under Article 338 (9) of the Constitution of India. Prasad has contended that the sub-classification of Scheduled Castes is a major policy decision that affects the rights and entitlements of Scheduled Castes under various provisions of the Constitution of India."Any policy decision in this regard will have a widespread impact on the constitutional rights of Scheduled Castes, including the quantum of reservation to which they would be entitled after sub-classification", the plea added. Thus, Prasad contends that the State's decision to set up such a commission without consulting the National Commission is illegal, arbitrary and deserves to be set aside..In his plea, Prasad also referred to the Supreme Court's recent judgment in which the top court has upheld the power of States to sub-classify reserved category groups into different groups for extending the benefits of reservation to them, based on their backwardness.Prasad, however, added that the Supreme Court, in its decision, failed to interpret the relevant provisions of the Constitution on consultation with the National Commission before undertaking the exercise of sub-classifying Scheduled Castes. He has contended that such consultation is mandatory.Moreover, Prasad stated that by being a member of the Mala community, which is a Schedule Caste community, the State government's decision directly affects him. Prasad's plea challenging the State's government order constituting the commission has been filed through Advocate B Karthik Navayan..The Telangana government set up the one-man commission in question last month, by a government order passed by its Scheduled Caste Development Department. Former High Court judge Justice Shameem Akhter has been appointed to head this commission. The commission has been asked to study sub-classification within Scheduled Castes in the State, to examine various aspects associated with the issue and to make recommendations to the State government.
