Writ Petition No. 11624 of 2004 · Andhra Pradesh High Court

THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR WRIT PETITION No.11624 of 2004 ORDER:- The petitioner, in this writ petition, seeks a Writ of Mandamus declaring the Caste Certificate dated 18.04.1977 issued by the Tahsildar, Peddapuram, East Godavari District is valid so as to enable him to continue in service basing on the said Caste Certificate.

Paragraph No.3 of G.O.Ms.No.289, Social Welfare (J) Department dated 28.11.1986 is as follows:- “As prescribed in G.O.Ms.No.147, Social Welfare Department, dated 27th April, 1977, in respect of Sch. Tribes listed below, only a Revenue Officer not below the rank of Mandal Revenue Officer or Revenue Divisional Officer/Assistant Taluk/Division/District in whose jurisdiction scheduled Tribe candidates claims nativity is empowered to issued caste certificates. Colector/Sub-Collector

Konda Kapus Gouda or Goud

Konda Reddies Kammara

Hill Reddies Bentho, Kotia, Oriya, Bartika, Dhul l ai or Dulai, Paiko, Holva, Potia, Sanroha, Sidho-Paiko

Malis Thoti

Reddy Doras Nayaks

Konda Doras Konda Doras

Manne Doras

Section 5 of The A.P. (SC, ST & BCs) Regulation of Issue of Community Certificates Act, 1993, is as follows:-

Cancellation of false Community Certificate:- (1) Where, before or after the commencement of this Act a person not belonging to any of the Scheduled Castes, Scheduled Tribes or Backward Classes has obtained a false Community Certificate to the effect that either himself or his children belongs to such Casts, Tribes or Classes, the District Collector may either suo motu or on a written complaint by any person, call for the record and enquire into the correctness of such certificates and if he is of the opinion that the certificate was obtained fraudulently, he shall, by notification, cancel the certificate after giving the person concerned an opportunity of making a representation. issued certificate Provided that where an enquiry into the genuineness of a community commencement of this Act has commenced and is pending at such commencement, the record thereof shall be transferred by the concerned authority to the District Collector and he shall be transferred by the concerned authority to the District Collector and he shall continue the enquiry and conclude the same under this sub-section. (2) The powers of the nature referred to in sub-section (1) may also be exercised by the Government.

4. Under sub-section (1) of Section 5 of the Act, enquiry is required to be conducted in accordance with the Act and the Rules made thereunder.

5. The main complaint of the petitioner herein is that enquiry was conducted by the MRO behind his back and that no opportunity was given to him. It is also his submission that though he has made a specific representation to the District Collector, East Godavari District and also filed an appeal, this aspect was not considered.

6. As seen from the counter filed by the Joint Collector, East Godavari District, it appears that as per the directions of the District Collector, the MRO has conducted the enquiry and examined the father of the petitioner and others and submitted report to the District Collector.

The petitioner had earlier filed W.P. No.28271 of 1995 before this Court raising the same question. However, the said Writ Petition was disposed by this Court directing the petitioner to file an appeal before the first respondent under Section 7(2) of the Act.

However, it appears that there is nothing on record to show that at the time of conducting enquiry, an opportunity was given to the petitioner to put forth his case.

In view of the above, the impugned Caste Certificate is set aside and the District Collector, East Godavari District is hereby directed to proceed under Section 5 of the Act referred supra after giving reasonable opportunity to the petitioner to defend his case and pass appropriate orders in accordance with law, as early as possible, preferably within a period of six (06) months from the date of receipt of copy of this order. Pending enquiry by the District Collector, the third respondent is directed to continue the petitioner in service and the petitioner shall be paid his last drawn salary till the issue is finally decided.