Vijayawada v. The Collector, Krishna District at Machilipatnam

24-1-1981 and District Collector rightly cancelled the same. He further contends that the Collector is competent under G.O.Ms.No.282 dt.19-12-1988 to cancel the caste certificate but mere quoting wrong provisions of the Act No.16/1993 will not take away the jurisdiction conferred on him to cancel the certificate. It is not in dispute the parents of the petitioner were converted from Hinduism to Christianity before petitioner is born a and petitioner pursued his educational career as a Christian and after completion of his education and acquiring Post-Graduate Degree, he made a representation to the Andhra University for recognising him as a Scheduled Caste stating that he re-converted to Hinduism and to the said effect Andhra Suddi Sangham issued a certificate. Based on the same, the Vice- Chancellor, Andhra University, Waltair, issued proceedings dt. 17-2-1979 recognising the change in his religion from “Indian Christian” to “Hindu”.

When he joined service, he obtained certificate from the Mandal Revenue Officer dt. 17-8- 1992, which has now been cancelled by the District Collector, through the impugned proceedings. An identical question, whether a person whose parents belongs to a scheduled caste before their conversion to Christianity can on conversion or re-conversion to Hinduism be regarded as a member of the schedule castes so as to be eligible for the benefit of reservation of seats for scheduled castes in the matter of admission to a medical college was cropped up for consideration before the Supreme Court in Guntur Medical College (2 supra). The facts are that petitioner was born Christian, whose parents have been originally professed Hindu religion and belonged to Madiga caste converted to Christianity. During the relevant time, it is regarded that person converts to Christianity is treated as belonging to backward class.

Therefore, the respondent applied for admission to Gandhi Medical College in 1973 describing himself as a member of a backward class. Thereafter he got himself converted to Hinduism from Andhra Pradesh Arunachatiya Sangham stating that he renounced Christianity and embraced Hinduism after going through Suddhi ceremony. On the strength of the caste certificate, he applied for admission to Guntur Medical College and he was selected provisionally on the basis that he was a member of a scheduled caste. Subsequently when his selection was cancelled, he successfully challenged the same before this court, and the matter was carried in appeal to Supreme Court by the college authorities. The Supreme Court after following the dicta laid down by it in C.M. Armugam (3 supra) held that even assuming on conversion to Christianity, the parents of the petitioner lost their membership of Madiga caste and that the petitioner was, therefore, not a Madiga by birth.

It was further held that on his subsequently embracing Hinduism, a person born of Christian converts would not become a member of the caste to which his parents belonged prior to their conversion to Christianity, automatically or as a matter of course, but he would become such member, if the other members of the caste accept him as a member and admit him in to their community fold. This court in Guntagani Sudhakar (4 supra) held that even if the father of the petitioner was at one time shown as Christian, it is not unreasonable to infer that by 1965, at least, he had started professing Hindu religion, and therefore, the petitioner can be said to be a member of Adi Andhra (Madiga or Arundhatiya community or caste) and professing Hindu religion since 1965 at least and satisfied all the requirements of the Presidential Order and further held that on the date on which the application was made by the petitioner seeking admission into Medical College under the seat reserved for Schedule Caste in 1974 he was an Adi Andhra professing Hindu religion and there is no necessity that he should have been an Adi Andhra professing Hindu religion by birth.

In Kailash Sonkar (5 supra) a Christian by birth when converted to Hinduism and married a member of the Scheduled Caste was held to be belonging to her husband’s caste on the evidence that she had not only been accepted but also welcomed by the important members, including the President and Vice-President of the community. In the present case, except certificate issued by Andhra Suddhi Sangham, on which basis certificate obtained by the petitioner from the Mandal Revenue Officer, Jaggaiahpet, no other evidence has been let in by the petitioner. The evidence and the statements made by the villagers before the Enquiry Officer, Ambapuram village are stereo typed statements. No evidence has been let in to show about the petitioner had been admitted by his community caste people in to their fold. Learned counsel for the petitioner across the bar submits that on such conversion he married SC girl and through whom he begotten three children who are all treated as SC candidates and benefits were extended to them as that of the SC candidates.

But there is no such evidence adduced by the petitioner before the Enquiry Officer. In view of the same, it is imperative for the petitioner to establish the said facts by adducing sufficient evidence before the Enquiry Officer. Accordingly, the impugned order passed by the District Collector, Krishna at Machilipatnam dt. 9-8-1994 observing that a scheduled caste person converts to Christianity and their progeny shall be treated as B.C ( c ) only, is contrary to the law declared by the Supreme Court and the same is accordingly set-aside and the matter is remitted to the District Collector who shall conduct an enquiry according to the Act No.16/1993 after giving sufficient opportunity to the petitioner and pass appropriate orders. This exercise shall be completed within a period of six months from the date of receipt of a copy of the order. The Writ Petition is accordingly allowed. There shall be no order as to costs. 14-2-2006