Inclusion of Orphan and Destitute Children in the list of BCs for the State of Telangana at Serial No.55 in Group-A

GOVERNMENT OF TELANGANA

ABSTRACT

Backward Classes Welfare Department – Inclusion of Orphan and

Destitute Children in the list of BCs for the State of Telangana at Serial No.55

in Group-A – Orders – Issued

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Backward Classes Welfare (OP) Department

G.O.MS.No. 28 Dated: 29/09/2015

Read the following:-

1. G.O.Ms.No.1793, Edn. Dept., Dt.23.09.1970

2. Govt., Memo.No.40-IV/70-1, Edu., Dept., Dt.10.02.1971

3. Govt., Memo.No.234/VI/72-2, Edu., Dept., Dt.05.07.1972

4. Govt., Memo.No.1279-P1/74-10, Employment & SW (P) Dept.,

Dt.08.08.1975

5. G.O.Ms.No.149, SW, Dt.03.05.1978

6. G.O.Ms.No.53, SW Dept., Dt.07.03.1980

7. G.O.Ms.No.5, SW Dept., Dt.24.01.1981

8. G.O.Ms.No.124, SW Dept., Dt.24.06.1985

9. G.O.Ms.No.20, BCW (P2) Dept., Dt.19.07.1994

10. G.O.Ms.No.32, BCW (M1) Dept., Dt.23.02.1995

11. G.O.Ms.No.27, BCW (M1) Dept., Dt.23.06.1995

12. G.O.Ms.No.28, BCW (M1) Dept., Dt.24.06.1995

13. G.O.Ms.No.59, BCW (M1) Dept., Dt.16.12.1995

14. G.O.Ms.No.1, BCW (M1) Dept., Dt.6.01.1996

15. G.O.Ms.No.31, BCW (M1) Dept., Dt.11.06.1996

16. G.O.Ms.No.61, BCW (M1) Dept., Dt.05.12.1996

17. G.O.Ms.No.62, BCW (M1) Dept., Dt.10.12.1996

18. G.O.Ms.No.63, BCW (M1) Dept., Dt.11.12.1996

19. G.O.Ms.No.13, BCW (P1) Dept., Dt.20.05.1997

20. G.O.Ms.No.16, BCW (A1) Dept., Dt.19.06.1997

21. G.O.Ms.No.11, BCW (C2) Dept., Dt.13.05.2003

22. G.O.Ms.No.3, BCW (C2) Dept., Dt.09.01.2004

23. G.O.Ms.No.8, BCW (C2) Dept., Dt.28.08.2006

24. G.O.Ms.No.23, BCW (C2) Dept., Dt.07.07.2007

25. G.O.Ms.No.20, BCW (C2) Dept., Dt.04.07.2008

26. G.O.Ms.No.22, BCW (C2) Dept., Dt.04.07.2008

27. G.O.Ms.No.23, BCW (C2) Dept., Dt.04.07.2008

28. G.O.Ms.No.25, BCW (C2) Dept., Dt.04.07.2008

29. G.O.Ms.No.27, BCW (C2) Dept., Dt.04.07.2008

30. G.O.Ms.No.9, BCW (C2) Dept., Dt.09.04.2008

31. G.O.Ms.No.39, BCW (C2) Dept., Dt.07.08.2008

32. G.O.Ms.No.40, BCW (C2) Dept., Dt.07.08.2008

33. G.O.Ms.No.41, BCW (C2) Dept., Dt.07.08.2008

34. G.O.Ms.No.42, BCW (C2) Dept., Dt.07.08.2008

35. G.O.Ms.No.43, BCW (C2) Dept., Dt.07.08.2008

36. G.O.Ms.No.44, BCW (C2) Dept., Dt.07.08.2008

37. G.O.Ms.No.45, BCW (C2) Dept., Dt.07.08.2008

38. G.O.Ms.No.11, BCW (C2) Dept., Dt.19.02.2009

39. G.O.Ms.No.12, BCW (C2) Dept., Dt.19.02.2009

40. G.O.Ms.No.13, BCW (C2) Dept., Dt.19.02.2009

41. G.O.Ms.No.14, BCW (C2) Dept., Dt.19.02.2009

42. G.O.Ms.No.1, BCW (C2) Dept., Dt.24.01.2009

43. G.O.Ms.No.4, BCW (C2) Dept., Dt.24.01.2009

44. G.O.Ms.No.6, BCW (C2) Dept., Dt.19.02.2009

45. G.O.Ms.No.7, BCW (C2) Dept., Dt.19.02.2009

46. G.O.Ms.No.8, BCW (C2) Dept., Dt.19.02.2009

47. G.O.Ms.No.9, BCW (C2) Dept., Dt.19.02.2009

48. G.O.Ms.No.10, BCW (C2) Dept., Dt.19.02.2009

49. G.O.Ms.No.16, BCW (C2) Dept., Dt.19.02.2009

50. G.O.Ms.No.12, BCW (C2) Dept., Dt.19.02.2009

51. G.O.Ms.No.14, BCW (C2) Dept., Dt.19.02.2009

52. G.O.Ms.No.22, BCW (C2) Dept., Dt.28.02.2009

53. G.O.Ms.No.7, BCW (C2) Dept., Dt.19.02.2011

54. G.O.Ms.No.11, BCW (C2) Dept., Dt.27.05.2011

55. G.O.Ms.No.12, BCW (C2) Dept., Dt.27.05.2011

56. G.O.Ms.No.21, BCW (C2) Dept., Dt.20.06.2011

57. G.O.Ms.No.3, Backward Classes Welfare (OP) Department,

dated.14.08.2014

58. G.O.Ms.No.4, Backward Classes Welfare (OP) Department,

dated.30.08.2014

59. G.O.Ms.No.5, Backward Classes Welfare (OP) Department,

dated.02.09.2014

60. From the Member Secretary, Commission for Backward Classes,

letter No.384/C/2014, dated.25.9.2014.

61. From the Director, B.C. Welfare, Telangana, letter

No.E/1066/2014, dated.17.10.2014

62. G.O.Ms.No.2, Scheduled Caste Development (POA.A2) Department,

Dt.22.01.2015

63. G.O.Ms.No.16, Backward Classes Welfare (OP) Department,

dated.11.03.2015

64. From the Member-Secretary, National Commission for

Backward Classes, Ministry of Social Justice &

Empowerment, GOI, New Delhi, D.O.No.NCBC/23(13)

/RW/TN/2013, dated 13-5-2015

65. Proceedings of the Telangana State Council of Ministers, Council Resolution

No.210/2015, Dt.19.09.2015

***

ORDER:

In the references 57th read with 63rd read above, orders were issued

adapting the relevant Government Orders issued in the undivided State of

Andhra Pradesh along with the list of (112) castes/communities group wise as

Backward Classes with percentage of reservation, as specified therein for the

State of Telangana u/s 101 of the Andhra Pradesh Reorganisation Act, 2014.

2. In the reference 64th read above, the Member Secretary, National

Commission for Backward Classes (NCBC), Government of India, New Delhi

has informed that a proposal from the Government of Tamil Nadu has been

received to consider inclusion of orphans and destitute children in the Central

List of Other Backward Classes (OBCs). In the proposal, it is stated that the

Tamil Nadu Government has classified orphans and destitute children as

Backward Classes provided they meet all these three conditions:-

(i) Children who have lost both their parents before reaching the age

of 10 and are destitute,

(ii) Children who have nobody else to take care of them either by law

or customs, and

(iii) Children who are admitted to any of the schools/orphanages

institutions run by the Government or recognized by the

Government.

3. While enclosing a copy of the proposal received from the Government of

Tamil Nadu, the Member Secretary, National Commission for Backward

Classes (NCBC), GoI, New Delhi further informed that the proposal of Tamil

Nadu Government relies heavily on the judgement of the Hon’ble Supreme

Court of India in Indra Sawhney V/s Union of India (1992 Supp. (30) SCC

217) which has been extensively referred to in their proposal. He also stated

that in the landmark Judgement pertaining to identification of OBCs, the

Hon’ble Supreme Court of India (SCI) in the case of Ram Singh & others V/s

Union of India & others (Writ Petition (Civil) No.274 of 2014) the Hon’ble

Supreme Court has emphasized the criteria for affirmative action to protect

the constitutional rights of most deserving people under Articles 15(4) and

16(4) of the Constitution of India. The backwardness is a manifestation

caused by the presence of several independent circumstances which may be

social, cultural, economic, educational, employment or even political. The

Hon’ble Supreme Court in the case of Indra Sawhney Vs. Union of India

(popularly known as ‘Mandal case’) held that the backward class citizens can

be identified on the basis of occupation-cum-income without reference to

caste. Such occupational groups, communities and classes can be agricultural

labourers, daily wage workers, rickswhaw pullers, drivers, street hawkers,

porters, etc., may well qualify for being designated as backward classes.

Therefore, it is permissible to identify the backward class of citizens on the

basis of occupation-cum-income without reference to caste. As per the

aforesaid judgement of the Supreme Court in Ram Singh Vs. Union of India &

Ors., the affirmative action policy that being implemented keeping in minds

only historical injustice in favour of certain backward classes affecting most

deserving backward class of citizens who are entitled to constitutional rights

under Articles 15(4) and 16(4) of the Constitution of India. It is also held that

the perception of a self-proclaimed socially backward class of citizens or even

the perception of the “advanced classes” as to the social status of the “less

fortunate”, cannot continue to be a constitutionally permissible yardstick for

determination of backwardness and on the basis of mathematical formulae

evolved by taking into account social, economic and educational indicators as

being followed by the National Commission for Backward Classes,

determination of the backwardness based on the relative comparison,

consideration of the representations of certain classes on the ground that they

are socially and educationally backward than many of the existing backward

classes who are already in the Central OBC List cannot continue to be

constitutionally permissible yardstick for determination of backwardness, both

under the context of Articles 15(4) and 16(4) of the Constitution of India. It is

also indicated that the new emerging groups shall be discovered as socially

and educationally backward class of citizens. The Hon’ble Supreme Court

recognized the third gender as a socially and educationally backward class of

citizens entitled for affirmative action of the States under the Constitution.

4. Thus, it is held that the most depressed classes shall only be permitted

to be included in the Central OBC List. Relevant portion of the Judgement of

the Hon’ble Supreme Court in the case of Ram Singh (Writ Petition (Civil)

no.274 of 2014) is extracted below:-

“.........

53. Past decisions of this Court in M.R. Balaji Vs. State of

Mysore and Janaki Prasad Vs. State of Jammu & Kashmir had

conflated the two expressions used in Articles 15(4) and 16(4) and

read them synonymously. It is in Indra Sawhney's case (supra) that

this Court held that the terms "backward class" and "socially and

educationally backward classes" are not equivalent and further that

in Article 16(4) the backwardness contemplated is mainly social. The

above interpretation of backwardness in Indra Sawhney (supra)

would be binding on numerically smaller Benches. We may, therefore,

understand a social class as an identifiable section of society which

may be internally homogenous (based on caste or occupation) or

heterogeneous (based on disability or gender e.g. transgender).

Backwardness is a manifestation caused by the presence of several

independent circumstances which may be social, cultural, economic,

educational or even political. Owing to historical conditions,

particularly in Hindu society, recognition of backwardness has been

associated with caste. Though caste may be a prominent and

distinguishing factor for easy determination of backwardness of a

social group, this Court has been routinely discouraging the

identification of a group as backward solely on the basis of caste.

Article 16(4) as also Article 15(4) lays the foundation for affirmative

action by the State to reach out the most deserving. Social groups

who would be most deserving must necessarily be a matter of

continuous evolution. New practices, methods and yardsticks have to

be continuously evolved moving away from caste centric definition of

backwardness. This alone can enable recognition of newly emerging

groups in society which would require palliative action. The

recognition of the third gender as a socially and educationally

backward class of citizens entitled to affirmative action of the State

under the Constitution in National Legal Services Authority vs.

Union of India is too significant a development to be ignored. In fact

it is a path finder, if not a path- breaker. It is an important reminder

to the State of the high degree of vigilance it must exercise to discover

emerging forms of backwardness. The State, therefore, cannot blind

itself to the existence of other forms and instances of backwardness.

An affirmative action policy that keeps in mind only historical

injustice would certainly result in under-protection of the most

deserving backward class of citizens, which is constitutionally

mandated. It is the identification of these new emerging groups that

must engage the attention of the State and the constitutional power

and duty must be concentrated to discover such groups rather than to

enable groups of citizens to recover "lost ground" in claiming

preference and benefits on the basis of historical prejudice.

54. The perception of a self-proclaimed socially backward class

of citizens or even the perception of the "advanced classes" as to the

social status of the "less fortunates" cannot continue to be a

constitutionally permissible yardstick for determination of

backwardness, both in the context of Articles 15(4) and 16(4) of the

Constitution. Neither can any longer backwardness be a matter of

determination on the basis of mathematical formulae evolved by

taking into account social, economic and educational indicators.

Determination of backwardness must also cease to be relative;

possible wrong inclusions cannot be the basis for further inclusions

but the gates would be opened only to permit entry of the most

distressed. Any other inclusion would be a serious abdication of the

constitutional duty of the State. Judged by the aforesaid standards we

must hold that inclusion of the politically organized classes (such as

Jats) in the list of backward classes mainly, if not solely, on the basis

that on same parameters other groups who have fared better have

been so included cannot be affirmed.

..............”

5. The Member Secretary, National Commission for Backward Classes,

Government of India, New Delhi, further stated that with the future course of

action having been illuminated by this Judgement of the Hon’ble Supreme

Court, he is requesting the Government of Telangana to examine this issue of

categorizing orphans and destitute children as a Backward Class. The

orphans and destitute children who have been abandoned and whose

parents are not known and who have lost their parents and who have

nobody else to take care of them and who do not have any property

and whose caste also is not known and the fact that they are admitted

into any schools or Orphanages run by the Government or recognized

by the Government can as well be treated as socially and

educationally backward classes as they are most deserving and most

distressed citizens for their inclusion in the Central OBC List. Therefore,

the Member Secretary, National Commission for Backward Classes (NCBC),

GoI, New Delhi has requested Government of Telangana in Backward Classes

Welfare Department to formulate an opinion and also requested to have view

and suggestions on the process of identification of such orphans/destitute

children and also the procedure for issuing such certificates to the really

deserving cases so as to prevent misuse of such facility if it is given to such

children.

6. Government after careful examination of the matter, have decided “to

classify ‘orphans and destitute children’ who satisfy all the three conditions

mentioned below as Backward Class for extension of benefits and concessions

normally admissible to Backward Classes:

i) Who have lost both their parents before reaching the age of 10 and are

destitute,

ii) Who have nobody else to take care of them either by law or custom,

and

iii) Who are admitted into any of the schools / orphanages run by the

Government or recognised by the Government

7. The orphans and destitute Children shall be conferred with the benefit of

reservation as Backward Class `in appointments to public services and

admissions into educational institutions under the State Government’. The

orphans and destitute children shall be included in the list of Backward Classes

for the State of Telangana under Group-A, at serial number 55, as was done

by the Government of Tamil Nadu vide their GO Ms.No.534, Social Welfare &

Nutritious Meal Programme Department, dated 06.11.1990.

8. The authorities who are competent to issue the certificate to the

Backward Classes, namely Tahasildar concerned, shall be competent to issue

the certificate for all Orphans and destitute children as Backward Classes.

9. The following entries shall be inserted in Group-A at the end of the

existing list.

`55. Orphans and destitute children who have lost their parents

before reaching the age of ten and are destitute; and who have

nobody else to take care of them either by law or custom; and

also who are admitted into any of the schools or orphanages run

by the Government or recognised by the Government’.

10. The General Administration (Ser.D) Department shall take necessary

action to amend the rule 22 of Telangana State and Subordinate Service

Rules accordingly.

11. The Director (FAC), Backward Classes Welfare, Hyderabad, all the

District Collectors, the Chief Commissioner of Land Administration,

Telangana State and the Director General, Centre for Good Governance,

Hyderabad are hereby directed to take necessary action accordingly.

12. A copy of this order is available on the Internet and can be accessed at:-

http://www.goir.telangana.gov.in/

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA)

DR. T. RADHA

RINCIPAL SECRETARY TO GOVERNMENT

To

The Commissioner, Printing, Stationery and Stores Purchase (Ptg. Wing)

Department, Telangana, Hyderabad with a request to publish it in the

extraordinary gazette and send 10000 copies to this Department

immediately)

The Member-Secretary, National Commission for Backward Classes, Ministry of

Social Justice & Empowerment, GOI, New Delhi

The Chief Secretary to Government, Telangana State

The Advocate General, High Court of Judicature at Hyderabad for the State of

Telangana, Hyderabad

The Chief Commissioner of Land Administration, Telangana State

dg@cgg.gov.in, chakradhar@cgg.gov.in, pmu.sudheer@telangana.gov.in

tg.pmumeeseva@gmail.com

The Principal Secretary to Government, Department for Women, Children,

Disable and Senior Citizen, Telangana State

The Principal Secretary to Government, Finance Department, Telangana State

The Principal Secretary to Government, Revenue Department, Telangana State

The Secretary to Government, Higher Education Department, Telangana State

The Principal Secretary to Government, Scheduled Castes Development

Department, Telangana State

The Principal Secretary to Government, BC Welfare Department, Telangana

State

The Principal Secretary to Government, Tribal Welfare Department, Telangana

State

The Principal Secretary to Government, Minorities Welfare Department,

Telangana State

The Secretary to Government, Law Department, Telangana State (with a

request to communicate to all the Courts in the State of Telangana)

The Registrar (Administration), High Court of Judicature at Hyderabad for the

State of Telangana, Hyderabad

The Chairman, State Council of Higher Education, Telangana State, Hyderabad

The Secretary to Government, Intermediate Education Department, Telangana

state

The Secretary to Government, School Education Department, Telangana State

The Secretary to Government, HM&FW Department, Telangana State

The Secretary to Government, Technical Education

Department, Telangana State

The Secretary to Government, Agriculture and Co-Operation Department,

Telangana State

The Secretary to Government, Animal Husbandry and Fisheries Department,

Telangana State

The Prl. Secretary to Government, PR & RD Department, Telangana State

The Prl. Secretary to Government, General Administration Department

Telangana State

All the Secretaries/Prl.Secy/Spl. CS of the Government of Telangana State

All the HoDS, Government of Telangana State(including Director General of

Police, Telangana State, Commissioner of Police, Hyderabad and

Rangareddy, Principal, Chief Conservator of Forests, Telangana State with

a request to communicate this order to all the HoDs under their control,

District Officers, Division Level Officer, SHOs etc.)

All the District Collectors/ Superintendent of Police, Telangana State

All the Registrars of Universities in Telangana State

The Registrar, High Court of Judicature at Hyderabad

The Secretary APAT, Hyderabad

The Secretary Telangana Public Service Commissioner TS,

The Director (FAC), Backward Classes Welfare, Telangana, Hyderabad

All The Special Chief Secretary’s/Principal Secretary’s/

Secretary’s to Government of Telangana State

All the Telangana State Pubic Sectors undertakings

The Secretary, GA (Cabinet) Department

Copy to:-

The Commissioner of I&PR, Telangana State (publicitycell@gmail.com,

Jwala99@gmail.com , Vadanrv@gmail.com, lefttelana@gmail.com)

P.S. to all Cabinet Ministers, MLAs, MPs, MLCs in the Telangana

P.S. to the Principal Secretary to CM

P.S. to the Additional Secretary to CM

P.S. to the Advisor of scheduled caste development department

P.S. to Principal Secretary (Higher Education)

P.S. to Principal Secretary (TW)

P.S. to Principal Secretary, Fin. (Expr.SW) Dept

P.S. to Principal Secretary (SW)

P.S. to Principal Secretary (BCW)

P.S. to Principal Secretary (Minorities Welfare)

P.S. to Principal Secretary (Disabled Welfare)

P.S. to Principal Secretary (School Education)

The Commissioner of Higher Education TS, Hyderabad

The Commissioner of Intermediate Education, TS, Hyderabad

The Commissioner of School Education, TS, Hyderabad

The Commissioner of Technical Education, TS, Hyderabad

The Commissioner of College Education, TS, Hyderabad

The Commissioner, Agriculture and Co-Operation, TS, Hyderabad

The Commissioner of Social Welfare, TS, Hyderabad

The Secretary, TSWREIS, TS, Hyderabad

The Commissioner of Tribal Welfare, TS, Hyderabad

The Commissioner of B.C. Welfare, TS, Hyderabad with a request to mail

a copy this GO to all the Colleges/Institutions/Schools which are

availing Post-Matric Scholarship for information and necessary action

The Commissioner of Minorities Welfare, TS, Hyderabad

The Director of Medical Education, TS, Hyderabad

The Director of Adult Education, TS, Hyderabad

The Director of Government Examinations, TS, Hyderabad

The Director, Government Textbook Press, TS, Hyderabad

The Director, State Institute of Educational Technology, TS, Hyderabad

The Director, State Council of Education Research & Training, TS, Hyderabad

The Director, Animal Husbandry, TS, Hyderabad

The Director, Fisheries, TS, Hyderabad

The Director, Welfare of Disabled and Senior Citizens, TS, Hyderabad

The Director-General, Centre for Good Governance, TS, Hyderabad

The Deputy Director (PMU), o/o CSW, TS, Hyderabad

All the Deputy Secretary’s/Assistant Secretaries/ Section officers/Assistant

Section officers in B.C. Welfare, Scheduled Castes Development

Department, Tribal Welfare department

The Vice Chairman and Managing Director, Telangana Backward Classes

Cooperative Finance Corporation Ltd., Telangana

The Secretary MJPBCWREIS TS,

The Director Telangana BC Study Circle

SF/SC

//FORWARDED::BY ORDER//

SECTION OFFICER