Representation of

Dr. Sardar Sri Gouthu Lachanna,

Freedom Fighter and Hon'ble President, A.P. Backward Classes Association,
Hyderabad.
To
The A.P. Commis'sion for Backward Classes
Andhra Pradesh, Hyderabad.

Sir
SUB : Representation opposing inclusion of certain castes /communities in the A.P.
List of backward classes - regd.

I. Nearly five decades back, the Indian Republic, through the preamble of its Constitution spelt
out its four fold objective of securing to all its citizens, Justice, Liberty, Equality and Fraternity.
In parts III and IV of the constitution, the founding fathers of the constitution elaborated the
methodology to be followed for reaching that goal. One of the measures contemplated for
ameliorating the plight of the "Backward Classes", who have
been, for centuries, silently suffering inhuman social disabilities and discrimination in the Hindu
Chaturvarna System with graded inequalities, was the protective discrimination provided under
Art. 16 (4) of the Constitution.

II. The regime of the Indian Republic is an unfortunate and pathetic history of more than four
decades of political rule by the privileged classes, during which they could successfully evade
doing anything substantial to empower the downtrodden and to allow them their due share in
various crucial facets of the state administration. Ultimately under certain political compulsions
when the V.P. Singh's Government at the centre during 1990 declared 27% reservations for
Backward Classes in the Public Employment, the entire nation witnessed serious protests from
all the privileged sections of the country against the very concept of reservations. Not only that;
earlier when Sri N.T. Rama Rao, Chief Minister of Andhra Pradesh, at the time when all party
A.P.B.C. conferences were being organised at Tirupathi announced 44% reservations to OBCs,
all the advanced communities like Kapus, Kammas, Reddys, Padma Velamas and Kshatriays
etc., organised a violent opposition against the increased reservations by demonstrating the
traditional professions of O.B.Cs with mockery and degradation.

III. Finally when the highest Judicial forum of this country, through Indra Sawhney's case upheld
the validity of these 27% reservations for OBCs, most of the communities from these privileged
sections who earlier vehemently and violently protested in the streets of this country against the
very idea of reservations, are now turning volte face and seeking
inclusion of their.castes in the B.C. list. It is thus paradoxical and highly objectionable that
nearly 100 additional castes are now seeking inclusion in the list of OBCs before this
commission.

IV. I strongly object in principle both on my personal behalf as weH as on behalf of all the
listed BCs, any fresh inclusions, except in respect of certain worthy minor castes like
"Kurakula, Ayyarakala and Nagarala.
V. In particular, I on my behalf and also on behalf of the listed O.B.Cs totally oppose any
attempt for inclusion of "KAPUS" including Telagas, Balijas and Vontaries (hereinafter
referred to as Kapus) on the following grounds.

a) They never suffered any social disabilities or discrimination and they do not have anything to
claim "Social-Backwardness" which is the fundamental ingredient along with educational
backwardness as specifically required under Art. 15 (4) to qualify as backward classes.

b) They are also not educationally backward. To speak the least they are no less to state average
in this regard.

c) Even economically also their conditions do not qualify them for inclusion.

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d) Their representation in Public Employment is also much considerable either prior to
independence or subsequent thereto. Infact Kapus are in no way less in the matters of Social,
Educational and Public Employment compared to Kammas, Reddys, Velamas and Kshatriyas
etc.,

Certain factual realities to support the above grounds are enumerated here below
which are by no means exhaustive but only indicative.

1. Social Backwardness :

Right from the ancient days and even as on today, either with reference to "Profession" or
"Habitation" or "Custom", there is nothing to the credit of Kapus in their claim of Social
Backwardness. They do not have any specific traditional profession assigned to them under the
caste system that is considered menial or lowly to qualify them as socially backward as obtaining
with most of the listed OBCs. On the other hand there are fairly good number of Kapus having
substantial agricultural land holdings in certain parts of the State. There are also a few Jamindari
Families among them. After abolition of Jamindari and introduction of Rytwari, Kapus are one
of the few privileged communities who acquired substantial land holdings. They also have fair
share in the fields of Trade and Industry.

Their habitation in rural areas had always been along with other developed communities like
Brahmins, Vysyas, Kshatrias, Velamas, Reddys, Padma Velamas and Kammas and they were
never segregated.

With regard to communal customs, it is to be mentioned that they do not have widow marriages
or divorce by custom. Women folk from Kapus do not work as agricultural labour along with
men folk, as the O.B.C. Women do.

Apart from this, their population quantum in the state is the highest and their participation in
political power is much significant. The suffixes "Pedda Kapu" and "Naidu" at the end of the
names of persons from this caste are symbols of pride privilege and reverence they enjoy, in
contrast to the cases of persons from OBC Communities, where such caste suffixes are in usage
signifying contempt.

2. Educational Backwardness

Literacy level among Kapus is only next to Brahmins in the pre-independence days and
perhaps only next to Brahmins, Reddys and Kammas in the post independence era. Even
according to Kapus themselves their literacy level is close to the State average and hence they do
not qualify as "Backward" on this score also in terms of the criteria adopted by the Mandal
Commission and not rejected by the Supreme Court.

3. Economic Backwardness

Economic and Educational backwardness is a consequence of social backward- ness

which in turn is relatable to social disabilities, discrimination and exploitation. In the known
history of ancient past or even in the post independent era, as stated above, Kapus never suffered
social exploitation and on the other hand they have been always in the privileged group of
communities that have been exploiting the down trodden. Apart from this, this caste as a group,
because of various remunerative occupations they have been pursuing, their share in the areas of
business, trade and industry, the quantum of their agricultural land holdings, their level of
participation in the public and private employment, their fairly good representation in the most
privileged area of political power, clinchingly disqualify them as economically backward.

4. Facts & Events

To substantiate the above, certain facts and events are cited here below.
a) Prior to independence, in the erstwhile state of composite Madras, Communal G.O. on
reservations was in vogue in respect of seats in educational institutions as well as in the public

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employment. This was in vogue even after independence until it was challenged and held invalid
in Champakam Dorai Rajan's case. According to this G.O. the agelong
advanced non-brahmin hindus (i.e.) communities such as Kammas, Reddys, Kapus and
Kshatriyas etc. enjoyed nearly 45% of reservations which is thrice the reservations given to
Backward Hindus. Thus the effluent among sudras including Kapus gained rich access to
education and captured substantial executive power.

b) On the political front during the pre-independence era it is to be mentioned that the "Self
respect moment" against brahmin domination, led by Periar Rama Swamy ultimately culminated
in the establishment of Justice Party during 1930's. During its regime with the support of B.Cs,
the dominant sudra communities including "Kapus" as mentioned above, acquired substantial
political power from Brahmins. Thus Kapus have
been since long enjoying substantial share in the educational front as well as in the public
employment and also in the political power.

5. Some illustrative cases of eminent positions enjoyed by Kapus

i) K.V. Reddy Naidu was the Governor of Composite Madras state during 1935. He was
also a member of Governor's Council,

ii) His son K.V. Gopalaswamy Naidu was the Registrar of Andhra University for nearly
25 years. He was the first registrar of Andhra University,

iii) B.V.Tappalah, ICS, worked as Reserve Bank Governor,

iv) Seelam Govinda Rajulu Naidu was the principle, Law College Madras. Later he was
the Vice-Chancellor, S.V. University and thereafter Director of Public Instruction.
v) Badeti Venkataratnam Naidu was the District Board President.

vi) Ramanaiah Naidu was the famous criminal lawyer and also MLA.

vii) Garapati Satyanarayana was the member APPSC and then I.G. of registration

viii) G. Pardhasaradhi Rao is the commissioner Vigilance,

ix) K.V. Rangaiah Naidu was the Inspector General of Police and Ex-Home Secretary
and Ex. Central Minister.

x) IJ. Naidu was the Chief Secretary of Andhra Pradesh.

xi) R.K. Ragala was the Home Secretary.

xii) S.V. Prasad is the Special Secretary to Chief Minister of Andhra Pradesh.

xiii) N. Raghava was the Revenue Secretary.

xiv) Nalla Reddy Naidu, was the Minister-during Justice Party.

xv) Grandhi Venkataratnam Naidu was the Minister during Justice Party.

xvi) Nacha Venkataramaiah - MLA, Bhimavaram.

xvii) Mallipudi Pallam Raju – MLA

xviii) Meduri Nageswara Rao - MLA

xix) Apart from this, there are as many as 22 "Kapu" MLAs in the present assembly
according to Kapu diary, Dec. 1997 (a Magazine of Kapus).This is a sizable number
from a single community next only to Reddys and Kammas ignoring the protected
S.Cs. On the other hand there is no representation from most of the 93 listed B.C

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 castes. There are 50 MLAs representing all the 93 OBC castes working out to 16.6%
whose population is more than 50%.
Space and ready availability of information are the limitations to enumerate further.

VI. Other reasons requiring rejection of the claims of Kapus for inclusion.

1) During the time when Sanjeevaiah was the Chief Minister of Andhra Pradesh Kapus were
included in the B.C list When the APPSC arranged for recruitment of certain posts under
Government, 95% of the posts reserved for O.B.Cs were secured by a single community (i.e.)
Kapus. Since the purpose of reservation is defeated, the G.O. was challenged in the AP High
Court which held that the G.O. was invalid and also observed that "Kapus" cannot be classified
as "backward". This was also confirmed by
the Supreme Court.

2) When Kapus were held not backward as long back as 1963, it is highly paradoxical that
they should now claim backward status after about 35 years during which time, this community
had been enjoying the benefits under the powerful umbrella constituted by umpteen number of
"Key" administrative, educational and political positions held by their community men.

3) This would lead to a natural conclusion that this is totally a baseless claim. However this
claim is vehimently being pursued by this community by all possible means including pressure
tactics by their politicians, solely to grab a lion's share (as illustrated by 1963 experience) of the
27% reservations given to the OBCs in the coveted Central Services, after Indrasawhney's case.
This shall not be allowed.

4) Tempted by the 27% reservations accrued to the OBCs, the Kapus, who vehimently and
violently protested and spearheaded the anti-reservation moment during 1990 in the state by
resorting to all objectionable acts involving ridicule on the occupations of OBCs, turned
volteface and started claiming B.C. status and their leader Sri Mudragada Padmanabbam sat in
"Satyagraha" with this claim in 1994 and thus created serious law and order problem in the state.
Then the Government of Andhra
Pradesh under such pressure yielded and issued G.O.Ms.No.30 dtd.25.8.1994 declaring 14 castes
/ communities including Kapus as Backward. This certainly pre-empted the role of this
Commission since the G.O. was issued only under extreme unfair political pressure and not
based on any proper scientific assessment through expert study meant for that purpose.
Subsequent reference of Government on this G.O. to the Commission can not dilute the
Scenario. It may be relevant to mention that I was also a party question-ing the validity of the
said G.O. in the A.P. High Court vide 1995 (2) ALD 147 (F.B.).

5) The earlier B.C. Commissions (i.e.) Anantharaman Commission as well as Muralidhara

Rao Commission did not include Kapus in the B.C. list for valid reasons recorded.

6) The citizens of Andhra Pradesh by voting against and defeating Mudragada

Padmanabham in the assembly elections subsequent to the High Court decision on the G.O. Ms.
No. 30 dated 25.8.1994, expressed them selves very categorically against the claims of Kapus for
inclusion in the B.C.s list.
VII. The claims of other privileged communities like Brahmins, Vysyas, Kshtrias, velamas,
Mudaliars, Reddys in the guise of Oruganti Reddy, Visakhapatnam Reddy, Rayalaseema Reddy,
Sivarchakas, Oria Brahmins etc., deserve no consideration at all and shall accordingly be rejected
for similar reasons.

VIII. Suggestions

1. Finally I submit that,'from the present flood of representations for inclusions, it is

abundantly clear that the 27% reservations for OBCs now available under Central Services, had
become so much an eyesore for the privileged communities that they bent upon knocking away
even by lowering their status, what they could not prevent through legal battle. As a solution to
this unhealthy competing claims generating communal prejudices in the country, may I suggest
to the commission to recommend to the appropriate Government to bring about necessary
constitutional amendments to provide for reservations to all sections and subsections in all wings

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of state administration including education and public employment in proportion to the
population of the respective groups? Until this could be achieved, inclusions, particularly of the
well known privileged communities like Kapus shall not be entertained.

2. I also request that the existing quantum of reservations available for OBCs shall be
enhanced proportional to their population, as obtaining in states like Madras. This may appear to
be against the guiding principle of the Supreme Court but certainly not against the principle of
natural justice to compensate the centuries of earlier extreme exploitation and deprivation.

Finally, I submit that we have been hearing from the propaganda of Kapus that this
commission is positively inclined to favorably consider their claims as did the state Government
earlier through its G.O. dated 25-8-1994. We are certainly very much optimistic that this
commission cannot fail to see the realities, specially when so much of light from various angles
through these submissions is sharply focussed on such irrefutable realities about the
disqualifications of the "Kapus" for inclusion in the B.Cs list. Should this however happen
contrary to our hope, for any reason, the bitter history would repeat with increased vehemence.
OBCs are now sufficiently aware as to how to solve their problems and they are prepared for
any sacrifice to protect their rights and privileges earned after more than five decades of hard
struggle.

IX. Lastly I submit that some more representations from other B.C Leaders and Associations
are on the anvil and some more time of not less than a month, may please be given, to enable
their presentation and submission to this commission.

I hope that these submissions would receive due favourable consider ation.

Yours faithfully
Camp: Hyderabad, Sd/-
Date : 8-1-1999. (GOUTHU LACHANNA)
My Residential Address :
7-5-64, Pandurangapuram,
Visakhapatnam - 530 003.
Phones: (0891)560555,561648

NOTE*
With the permission of the Chairman. APBC Commission, Mr. Puttu Swamy I
had the privilege of reading out this representation to the Commission on
8.1.1999 in the presence of Dr. Sardar Gouthu Lachanna and several
other BC leaders heading various BC Organisations.
- K. Kondala Rao

Courtecy:

The document was inserted in EE SATABDI BC VADAM and is inserted here for the benefit of
Backward Classes representation of their argument,