Christian carpenters to miss quota bus for Zilla polls

This implies that unlike their Hindu counterparts Vishwakarma/Chari/Mesta, the Christian carpenters will not be eligible to contest the Zilla Panchayat polls on OBC reserved category seats.

That the notification finds no mention of Christian carpenters as communities in the state list of OBC as backward classes for the purpose of reservation of seats for political representation in the Zilla Panchayats indicates that the government has not deemed proper to include Christian carpenters along with Vishwakarma/Chari/Mesta for inclusion in the OCB list for the coming polls.

This assumes significance and comes against the backdrop of the legal battle challenging the election of Aam Aadmi Party Benaulim ZP member Hanzel Fernandes from the reserved OBC category.  

The election of Hanzel in the 2020 ZP polls, who had contested the Benaulim reserved seat for OBC as a member of the Christian carpenter, was finally declared as null and void after the  High Court on August 28, 2023 declared as invalid the caste certificate issued to him by the Caste Scrutiny Committee  after it was challenged in the High Court by petitioner Uday Chari.

Questions are now being raised in political circles why the government has not specifically included Christian carpenters in the state list of OBC as backward classes for the purpose of reservation of seats for political reservations in the coming polls remains unknown. For, the government had two years as its disposal to take a decision whether to include Christian carpenters in the state list of OBC as backward classes since the High Court had in August 2023 declared as invalid the caste certificate of Benaulim ZP member Hanzel Fernandes.

High Court ruling dated
August 28, 2023 in
Hanzel Fernandes case 

In the Hanzel Fernandes case, the High Court had held that members of the Christian community, who are members of other backward classes (OBC) will not be eligible for the benefits of reservation unless the government notification specifically mentions that Christian counterparts of the specified OBC caste are entitled to quota benefits.  

In the Judgement, the High court had observed that Hanzel Fernandes belongs to the Christian community, which ordinarily does not profess to follow any caste system. “Nevertheless, in the State of Goa, for historical reasons like conversion, certain communities have been specifically included in notifications issued by the Government formulating the State list of OBCs, SCs, STs etc. In all such notifications, however, there is a positive and clear inclusion of members of the Christian community wherever the Government intended them to be included”, the High Court had ruled.

The Court added: “The scheme is evident that whenever the Government intended to include the Christian counterparts in the State list of OBC, the Government notification said so in positive and clear terms. As a corollary, wherever there is no reference to the inclusion of a Christian counterpart, it must be held that the Government did not intend to include such a Christian counterpart in the State list of OBCs. Neither the Deputy Collector nor the CSC has the right or authority to tinker with the Government notification, or the State list of OBCs notified by the Government vide such notifications."

High Court rejects

discrimination theory

The  discrimination theory did not find favour with the High Court, with the Court saying “the benefits of reservation are available inter alia to those classes included in the State OBC list vide notification issued by the Government from time to time. Regards some of the classes, the State Government has positively and clearly specified that they would include a Christian counterpart. Regards others, there is no such specification in positive terms”.

“By invoking Article 14 or 16, the Christian counterpart not intended to be included cannot be included in the State OBC's list. In any case, the Deputy Collector issuing the caste certificate dated 05.03.2020 or the CSC, which was called upon to verify such caste certificate, was bound by what was specifically set out in the Government's notification, including class or classes in the State list of OBC. Accordingly, the arguments based on Article 14 or 16 or discrimination based on religion would not hold good in the present matter. The fact that there are pleas for the inclusion of Christian Mesta in the State OBC list or the fact that the State Government is considering such inclusion implies that, as of now, Christian Mesta is not included in the State OBC list”, the Court added.

Petitioner’s
arguments

In his petition, Uday Chari, a resident of Panjim, had submitted that the Government notification dated 29.12.2006 only includes “Vishwakarma/Chari/Mesta” in the State list of OBC community.

He submitted that the notification does not either include or clarify that this entry will also include Christian Vishwakarma/Chari/Mesta.

In support of his claim, Chari referred to several Government notifications to point out that whenever it was intended to include Christians in the State list of OBCs, the notifications said so or clarified so in clear terms. He presented that since there was no reference to Christian in the notification dated 29.12.2006, neither the Deputy Collector who issued the caste certificate dated 05.03.2020 nor the CSC were authorised to issue or verify that Respondent No.6 (Hanzel Fernandes) belongs to the OBC category.

Christian groups included in State OBC
list for reservations for ZP Polls

*Christian kumbhar

*Christian mahar

*Christian barber

*Christian dhobi

*Christian kharvi

*Christian render