Plea Filed in Telangana High Court Challenging the Commission’s Recommendations on Sub-Classification of Scheduled Castes

A petition has been filed in the Telangana High Court challenging the legality of the Telangana government’s decision to establish a one-man commission to conduct a comprehensive study on the state’s sub-classification of Scheduled Caste communities.
The petition was filed by Batthula Ram Prasad, a prominent social worker and President of the Mala Welfare Association. Prasad contests the commission’s formation, arguing that it was created without following the constitutional requirement for consultation with the National Commission for Scheduled Castes, as outlined in Article 338(9) of the Indian Constitution. This consultation, he claims, is a mandatory procedure that should have occurred before any decision regarding sub-classification was made.
Prasad emphasizes that sub-classifying Scheduled Castes is a critical policy decision with significant implications for these communities’ rights, benefits, and entitlements, especially regarding the quantum of reservations they would be entitled to after any reorganization. He argues that such a decision cannot be taken unilaterally by the state government without proper legal consultation, as it would impact the constitutional rights of Scheduled Castes.
In his petition, Prasad also refers to a recent Supreme Court ruling that affirmed the power of states to sub-classify reserved category groups based on their backwardness. However, he points out that the Supreme Court’s ruling did not address the necessity of consulting the National Commission for Scheduled Castes before taking such steps. He contends that this omission does not negate the constitutional requirement for such consultation.
As a member of the Mala community (a Scheduled Caste), Prasad believes that the state government’s actions directly affect his community and him personally. He stresses that the absence of consultation with the National Commission for Scheduled Castes renders the state’s decision flawed and unconstitutional.
The petition, which challenges the Telangana government’s order to establish the commission, has been filed through Advocate B. Karthik Narayan.
The Telangana government formed the one-person commission in October 2024 via an order issued by the Scheduled Caste Development Department. Justice Shameem Akhter, a former judge of the Telangana High Court, was appointed as the head of the commission. The commission’s mandate is to study the issue of sub-classification within the Scheduled Castes, assess the potential impact of such a policy, and provide recommendations to the state government based on its findings.
Prasad’s petition argues that, given the far-reaching consequences of the commission’s study and its potential impact on the community’s legal rights, the government must follow the constitutional consultation process with the National Commission for Scheduled Castes before moving forward with any policy changes.