Development of OBC list in Karnataka PDF

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Development of Backward Classes’ list in Karnataka 

Till November 1, 1956, the State of Mysore treated all castes and communities , except Brahmins, Anglo-Indians and Europeans, as backwards.

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After reorganization of states in 1956, a Government Order was issued in July 1958 declaring all caste and communities, except Brahmins, to be Backward.

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This GO was quashed by the High Court.

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In 1959, another G.O. was issued stating that all caste and communities except Brahmins, Baniyas, Kshatriyas, Kayasthas, Muslims, Christians, and Jains were backward.

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This G.O. was also quashed by the High Court.

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The State Government appointed ‘Mysore Backwardc Class Committee’ under Chairmanship of Nagna Gowda.

Nagna Gowda.Committee The Committee used three criteria for the purpose of identifying socially and educationally backward people as well as those deserving representation in government service: a) Social backwardness of castes in relation to hierarchical status. b) Educational Backwardness c) The proportion of representation in government service. The Committee used the state average percentage of students of different castes and communities studying in the last three years of high school in 1959-60 as the educational criterion. Those castes whose percentage of such students was below the state average percentage (7%) were classified as educationally backward. Based on the above criterion following important castes were excluded from the list of

socially and educationally backward classes: Caste/community Number of students of each caste/community per thousand population Darzi 8.2 Kshatriya 22.3 Lingayat 7.1 Mudaliar 19.2 Rajput 8.3 Nayar 7.4 Kodaga 47.2 Christians 18.4 Jains 14.1 Bhunts 9.0 (Mysore Backward Classes Committee: Final Report, 1961,pp.43-44.)

Employment Total Number of State Government employees in 1959: 148,686

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Total estimated population of the State in 1960: 12,147,300

Adequacy of representation of different castes: Caste/Community

Percentage of the total population of the State

Percentage of State Govt Employees from each caste to the total employees of the State Banajiga 1.58 1.77 Kshatriya 0.37 1.35 Lingayat 15.57 12.4 Mahratta 4.08 3.01 Mudali(ar) 0.53 1.49 Neygi 0.67 0.76 Rajput 0.21 0.22 Vokkaliga 12.98 10.66 Nayar 0.12 0.33 Kodaga 0.27 1.21 Non-Hindu Religion 12.91 20.36 (Mysore Backward Classes Committee: Final Report, 1961,pp.41, 45-6.) Summary Recommendation of Committee: Number of castes

For the purpose of Article 15(4) For the purpose of Article 16(4)

214

Population (as per centage of the State population) 57%

Reservation Recommended for backwards 50%

185

45%

45%

Other important features of the Committee: 1. The Committee also recommended that this reservation policy should be reviewed after ten years. Castes and communities which show an improvement in their educational status and representation in government service may be removed from the list after such a review. 2. The committee made special mention about the social status of Lingayats and said: “Lingayats- the committee is of the opinion that the entire Lingayat Community is socially forward. Developments following Nagna Gowda Committee The State government passed three orders implementing the recommendations of the Nagna Gowda Committee Report. The first order was issued in 1960 implementing the recommendations of the Interim Report. The second order was issued in 1961 implementing the recommendations of the Final Report. As the Committee had not included the politically most influential caste group (LINGAYATS), the Government was brought under heavy pressure. To include Lingayats, the State average was raised by 0.1% ( i.e. from 7.0% to 7.1%). This would show that Lingayats were educationally not advanced,. And their inclusion in Backward list was justified. Accordingly, a new GO was passed in 1962 including LINGAYATS. Both the 1961 and 1962 GOs were struck down by the High Court. In response to State Government’s appeal, the Supreme Court ( Balaji vs State of Mysore AIR 1963 SC 649) struck down the GO which was based on the Nagna Gowda Committee’s report on the ground that www.youthforequality.com

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caste had been made the sole basis for determining backwardness. The Court also held that reservation which was as high as 68% was excessive and that the maximum should have been 50%. Post Balaji Period As a result of the decision of the Supreme Court in Balaji”s Case, the Government of Karnataka wholly abandoned the basis of caste and , pending an elaborate study and investigation of the problem which would take a long time, decided as and interim measure to classify backwardness on the basis of(1) economic condition, (2) occupation (3)social backwardness. According to that order a family whose income is Rs. 1,200 per annum or less and persons or classes following occupations of agriculture petty business, inferior services, crafts or other occupations involving manual labour, are in general, socially economically and educationally backward. The Government lists the following occupations as contributing to social backwardness: 1. actual cultivator; 2. artisan; 3. petty businessmen; 4. inferior services (i.e., Class IV in Government services and corresponding class or service in private employment) including casual labour; and 5. any other occupation involving manual labour. This GO was challenged in the High Court (Viswanath vs Govt of Mysore AIR 1964, Mysore, 132) and subsequently in the Supreme Court (R Chitalekha vs State of Mysore,AIR 1964, SC 1823. Both the Courts upheld the GO. The Havanur Commission (The First Backward Classes Commission) The First Backward Class Commission was appointed in August 1972, under the Chairmanship of L G Havanur. The Commission submitted its report in 1975. The Commission enunciated a numbers of tests for determining backwardness, economic, residential, and occupational, but it appeared from the report of the Commission that in the final analysis the assessment was made on the basis of the performance in the SSLC examination. Backward Classes (Excluding SC/ST) were grouped into three categories: i.

Backward Communites, whose student average per thousand of population is below State average, but above 50 per cent of the State average.

ii. Backward Castes whose student average per thousand of population is below 50 pr cent of the State average. iii. Backward Tribes whose student avegage is bolow 50 pr cent of State average, except Dombars and Voddars, and whose are Nomadic and Denotified Tribes Important findings Educational Status of Some important caste groups Percentage of Candidates passing SSLC examination held in 1972 ( Average pass per thousand of State population: 1.69) www.youthforequality.com

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Caste/ Community Balija Bhunt Gatti Gudigar Kodaga Kshatriya Lingayat Maratha Mudali Nayar Christians Jains

Average passes per thousand population of the caste 4.53 4.88 3.08 2.53 4.00 7.54 2.33 2.17 2.76 4.18 4.18 4.71

(Extracted from Havanur Commission, Volume II, Statement 6, pp 216-8.) Educational forwardness of some important backward castes Literacy rate (percentage) by caste in 1951 ( State average 20.6%) Caste/ community Christian Mudali Nagartha Jains Rajput Darzi Kshatriya Satani Muslim Devanga Viswakarma Neygi Lingayat Banajiga Mahratta

Percentage of literacy 65.9 58.8 58.0 47.9 47.9 47.2 42.0 39.3 37.2 31.9 30.6 30.4 29.8 29.6 29.3

( Source : Mysore Backward Classes Committee, Interim Report, 1960, as quoted in Havanur Commission, Volume II, Statement 27, page 272.) Adequate/ Inadequate representation of some important backward castes in State service

as on 31st Mach 1972 Caste/Community Arasu Balija Bhunt Ganiga Gudigar Kodaga Kshatriya Kumarpanth Lingayat Malayali www.youthforequality.com

Population of caste as % of State population 0.07 1.57 0.68 0.52 0.00 0.29 0.25 0.06 14.64 0.01

% of employees excluding Class IV 0.12 1.93 1.23 0.55 0.01 1.24 0.93 0.26 19.90 0.03 4

Mudaliyar Nayar Rajput Satani Vokkaliga Christian Jain

0.35 0.12 0.27 0.18 11.82 2.09 0.75

0.46 0.25 0.40 0.31 9.69 4.04 0.78

(Havanur Commission, Volume III, Statement IV, Page 265-7) Commission’s observations and recommendations: 1. Following castes/communities were considered advanced for the purpose of Both Article 15(4) and Article 16(4): a. Bunt b. Gatti c. Gudigara d. Jetti e. Kodagaru f.

Kshatriya

g. Lingayats (except artisan groups) h. Maratha i.

Christian

j.

Jain

2. Besides the above mentioned castes/communities, following Caste/communities were considered Advanced for the purpose of Article16(4): a. Backward Communities: Arasu, Satani.

Balija,

Devadiga,

Ganiga,

Rajput,

and

b. Backward Castes: – Banna, Gurka, Jat, Konga, Katari, Koyave, Malayali, Maniyali, Padarthi, Padiyar, Pandavakulam, Raval and Rawat 3. The Commission was of the view that caste-related backwardness was peculiar only to Hindus and, therefore, Muslims and Christians were not to be considered backward classes for the purpose of reservation under Articles 15(4) and 16(4). (Volume I, Pages 185, 321-322).

4. The Commission recommended a review after 10 years (Volme I, page318) 5. The Commission recommended following magnitude of reservations: a. For Article 15(4) Backward Group www.youthforequality.com

% of population

Reservation 5

Backward tribes Backward Castes Backward Communities Total forBackwards

recommended 6 10 16 32

8.00 14.49 22.03 44.52

b. For Article 16(4) Backward Group Backward tribes Backward Castes Backward Communities Total forBackwards

% of population 8.00 14.47 19.2

Reservation recommended 6 10 16

41.674

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The Government’s Response and subsequent developments: Following Havanur Commission’s Report, the Government issued a GO on 22 February 1977 (Order No. SWL 12 TBS 77. Banglore, Dated 22nd February). Important Recommendations: 1. Contrary to the recommendations of Havanur Commission, the State Government included all the Castes, mentioned above in 2a and 2b, for 16(4). 2. The Government also included Dalit Chritians in the list of Backwards. 3. Entire Muslim population was included in the list of backward communities. 4. In the cades of Backward Communities and Backward Castes, a ceiling of family income of Rs 8000/ was imposed to make them eligible for the benefits of reservation under article 15(4) and 16(4). (Later this limit was raised to Rs 10,000/-per annum by Order No. SWL 236 TBS 77, Banglore, Dated 15th November 1977). 5. In addition a Special Category called Backward Special Group was created for categories of citizens if the family income does not exceed Rs 48oo/ and parent/guardian is: a. an actual cultivator, b. artisan c. a petty businessman. d. holding an appointment in inferior services(i.e. Class –IV in Government service or corresponding services under private employment, including casual lab our) or e. engaged in any occupation involving manual labour” 6. Following percentage of reservation was fixed: a. Backward Communities - 20% b. Backward Castes - 10%

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c. Backward Tribes - 5% d. Backward Special Group - 5% The above mentioned GO was challenged in the High Court ( WP No. 4371/77, Somashekarappa & others Vs. State of Karnataka, dated 9th April 1979) Important features of Judgement: 1. The Arasu (Urs) community was deleted from the list of backward classes, both for 15(4) and 16(4). 2. Deleted six communities (Balija, Devadiga, Ganiga, Nayinda, Rajput and Stani ) from the list of Backward communities for the purpose of Article 16(4) . 3. Thirteen Castes – Banna, Gurka, Jat, Konga, Katari, Koyave, Malayali, Maniyali, Padarthi, Padiyar, Pandavakulam, Raval and Rawat were also directed to be deleted from the list of backward Castes for the purpose of Article 16(4). 4. Directed the State to reduce the percentage of reservation for backward communities In compliance to the above judgment, the list of backward classes was accordingly modified , also, reservation for backward communities was reduced from 20% to 18% ( Order No. SWL 123 BCA 79, Banglore, Dated 1st May 1979).

Later by Order No SWL 131 BCA 79, Banglore , Dated 27th June, the reservation for Special Backward Group was raised from 5% to 15%. The final reservation was as follows: Social group Backward Communities Backward Castes Backward Tribes Special Backward Group Scheduled Castes Scheduled Tribes Total

Reservation under article 15(4) 20 10 5 15 15 3 68%

Reservation under article 164) 18 10 5 15 15 3 66%

The matter was then taken to the Supreme Court in Vasant Kumar’s case. Vasant Kumar’s case was heard by a Constitution Bench of five Judges. In the course of the hearing (on 23-11-1982) suggestion was made and it was readily accepted by Government of Karnataka that another Commission should be appointed to go into the entire question fresh. VENKATASWAMY COMMISSION (SECOND BACKWARD CLASS COMMISSION OF KARNATAKA). In the meanwhile, pursuant to the undertaking given by them, the Government of Karnataka appointed the Karnataka Second Backward Classes Commission presided over by Shri Venkatswamy in 1983. The Commission submitted its report in 1986. Altogether 17 indicators were formulated to determine social backwardness. Some of the indicators were economic such as ownership of land, ownership of house, income etc. some of the indicators related to habitation (environment and residence), such as whether they lived in rural or urban areas, in pukka or katcha houses. Some indicators referred to the level of education that is, illiterate, studied upto SSLC etc., Other indicators referred to employment, in the various classes of service under the Government. All communities who scored nine or more backward indicators were considered to be socially backward. For Educational Backwardness,the performance in the SSLC examination was next taken into consideration and www.youthforequality.com

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those communities whose percentage of passes was less than the State average ( 3.34 per thousand population) were considered educationally backward.

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Important findings Educational status of some of important castes/ communities (State Average of SSLC pass-

out: 3.34 per thousand) Caste/ Community Deshabandari Brahmin CNK Vaisya Sadaru Jain Gurka Jetty Christian Kshatriya Kodagaru Rajput Nayar Ambalavasi Darji Gatti Kanjirbat Ravula Devanga Mudaliyar Nagartharu Lingayata Kottari Bunt Balija Ganiga Neygi Somavamsha Kshatriya Sikhs Urs Raju Kshatriya Viswakarma Devadiga Vokkaliga

Number of students passing out SSLC ( per thousand population of the caste) 11.6 10.6 9.8 8.7 8.1 7.8 7.4 7.3 7.1 7.1 6.6 6.4 6.4 5.5 5.3 5.1 5.0 4.6 4.5 4.3 4.3 4.3 4.1 4.0 3.9 3.8 3.8 3.5 3.4 3.39 3.39 3.37 3.36 3.34

(Venkataswamy Commission, Volume III, Annexure 9.5. Page 177) Caste/Communities and their adequacy in State services Karnataka Caste/ Community Bandhi Balija Bhunt Darji Devadiga Devanga Ganiga www.youthforequality.com

Percentage of population as per survey 1984 0.02 1.33 0.83 0.33 0.29 0.74 0.45

Percentage of representation in Govt services ( Class I, II, III) 0.03 1.50 0.84 0.37 0.29 0.76 0.55 9

Gatti Goniga Gudigara Hindu Hugar Jetti Kamma Kodagaru Kote Kshatriya Kottari Kshatriya Raju Kshatriya Lingayatha/Veerashaiva Maratha Mudaliar Nagartharu Neygi Rajput Satani Somavamsha Kshatriya Urs Viswakarma/ panchala Vokkaligha Christian

0.01 0.03 0.01 0.03 0.01 0.25 0.23 0.08 0.02 0.44 0.01 16.92 3.20 0.48 0.03 0.65 0.15 0.06 0.07 0.08 1.96 11.68 1.89

0.02 0.03 0.01 0.03 0.03 0.28 1.56 0.10 0.02 0.62 0.07 19.68 3.26 0.49 0.03 0.84 0.57 0.17 0.07 0.17 2.24 11.74 3.98

Important Recommendations/Observations of Venkataswamy Commission 1. Apart from Brahmins and Vaishyas, other populous and fairly populous communities such as Lingayat, Vokkaligas, Balija, Devanga, Neigi, Ganiga, Maratha, Vishvakarma etc, were not included among the backward classes either for the purpose of Article 15(4) or for the purpose of Article 16(4). The report immediately provoked criticism and agitation from affected castes. 2. Reservation under 15(4) The Commission identified 35 castes/communities as socially and educationally backward classes for the purposes of benefits under Article 15(4) of the Constitution. GROUPING OF BACKWARD CLASSES: We have grouped the castes/communities which are below the state average in SSLC pass test viz. 3.34 per thousand but above 50% of the state average viz., 1.67 per thousand under Group ‘A’. The following communities along with their synonyms, subcastes and related occupational groups are kept under this category of Group ‘A’: 1. Deshbandhari

6. Nayinda

11. Hugar

2. Kanjir Bhat

7. Jogi

12. Kumbara

3. Kottari

8. Gondhali

13. Agasa

4. Devadiga

9. Idiga

14. Bavaji

10. Muslim

15. Golla

5. Sikkiligara Hindu

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Group – ‘B’: All the other castes/communities along with their synonyms, sub-castes and related occupational groups, which have secured below 50% of the state average in the SSLC pass test, have been grouped under category ‘B’,. The main caste names are

1. Medar

7. Beda

14. Budubuki

2. Katik

8. Thigala

15. Tewar

3. Kuruba

9. Helava

16. Goniga

4. Bestha

10. Rayarawat

17. Siddi

5. Halawakkiwak kal

11. Kudubi

18. Ambelkaran

12. Dasaru

19. Baanani

6. Uppara 13. Ladar

QUANTUM OF RESERVATION: Group A B Total

Number of castes 15 20 35

Estimated population (%) 17.77 15.21 32.98

Recommended reservation 14% 13% 27%

List of Castes/Communities for the purposes of article 16 (4) Group – A 1. Agasa

5. Gondhali

9. Jogi

2. Bavaji

6. Hindu Sikkaligara

10. Kambara 11. Nayinda

3. Deshabandari 7. Hindu Hugar

12. Muslim

4. Golla 8. Idiga Group-B 1. Ambalakaran,

8. Helava,

15. Siddi

2. Beda,

9. Khatik

16. Tewar

3. Bestha

10. Kudubi

17. Tigila

4. Budubu Fiki

11. Kuruba

18. Uppara

5. Dasaru

12. Ladara

19. SC converts to Christianity

6. Goniga

13. Medar

7. Halwakki wakkal

14. Rayaravut

14% reservation for Group A and 13 reservations for group B was prescribed. www.youthforequality.com

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3. Income Ceiling: To ensure that the economically affluent sections of these castes/communities do not walk away with most of the reserved seats and posts, the Commission recommended the fixing up of an income ceiling of Rs. 15,000/ per annum. The members of the castes/communities identified as Backward classes, whose annual income from all sources is below Rs. 15,000/ only will be eligible for the facilities available under Article 15(4) ...