ment also provided for certain procedures to be followed in the matter of
granting of certificate in Paragraph-5. In Paragraph-5, it has been observed.
"It is also clarified that the caste "Jangam" which is a sub-caste of
the Lingayat (Veerashaiva) Community is not caste declared as sched-
uled caste in the said Act. It is further clarified that the "Beda or Budga
Jangam* is not a section of Lingayats or Veerashaivas".
6. Annexure-E to this Writ Petition referring to the circular dated 22nd
July, 1978, in Paragraph-4 thereof, provides.
"In the circumstances, therefore, Government directs that the Caste
Certificate produced by the candidates belonging to Jangam which is a
subcaste of Ligayat (Veerashaiva) community as Scheduled Caste.
Scheduled Tribes and claiming benefits available for Scheduled Castes
(Scheduled Tribes should not be acted upon even though, such certifi-
cates may have been issued prior to the issue of Circular No.SWL 305
SAD 76 dated 22nd July, 1978 and these instructions should be followed
scrupulously. In the earlier part of Annexure-F, It has been written that
they (certificates which have been issued) should be taken not to be
valid and should not be acted upon.
Learned Counsel submitted that on the basis of the two circulars, it
is being said that a person belonging to Beda Jangam cannot be Lingayat
and a Lingayat cannot be a person belonging to Beda Jangam or Budga
Jangam, because, Jangam according to the Government Circular is a
sub-caste of Lingayat. Further, the learned Counsel submitted that the
Government has no jurisdiction to issue such a circular or order, because,
which caste or community is to be put in the Schedule Caste list and
described as Schedule Caste or Schedule Tribe, submitted by the learned
Counsel, is subject to the power of the President under Clause (1) of
Article 341 of the Constitution of India and later on, rt is provided under
Clause (2), that, parliament by law, may include or exclude the name of a