Judgment · High Court

The petitioner was appointed as Assistant Station Master, on 07-12-1970, against a vacancy reserved in favour of Scheduled Tribe Candidates. He was promoted as Assistant Station Superintendent, in the year 1980. Verification into the genuinity of his claim as ST candidate was began in the year 1981. The proceedings did not conclude. The caste certificate produced by the petitioner, at the time of initial appointment, was issued by the then Tahsildar, Gurajala. Recently, the petitioner was required to produce the caste certificate, afresh. The petitioner submitted a Community, Nativity and Date of Birth Certificate, issued by the Mandal Revenue Officer, Gangavaram, on 24-01-2007. A doubt was expressed as to the genuinity of the same. The Chairman, District Level Scrutiny Committee, East-Godavari District, the 2nd respondent herein, issued a notice dated 17-03-2008, requiring the petitioner to furnish the documentary evidence, in support of his claim, that he belongs to ST (Kondakapu) Community.

The petitioner had approached this Court for issuance of a Writ of Mandamus, directing the respondents not to conduct any inquiry into his social status, mainly on the ground that he is in the fag end of service. Heard the learned counsel for the petitioner and learned Government Pleader for Social Welfare. The petitioner was employed as an Assistant Station Master against a vacancy reserved for Scheduled Tribe candidates, and his continuance in the service is on the same basis. Substantial correspondence ensued between the petitioner and the officials of the Railways, in the context of verification of his social status. The matter, however, did not reach finality. The petitioner pleaded that the original certificates, submitted by him to the Authorities, were not returned. On being insisted by the employer, the petitioner filed a fresh caste certificate, dated 24-01-2007. One important aspect is that, the caste certificate, which was produced by the petitioner, while seeking employment; was issued by the then Tahsildar, Gurajala, Guntur District; whereas the fresh caste certificate was issued by the Mandal Revenue Officer, Gangavam, of East-Godavari District.

Naturally, doubt was expressed at various levels. The A.P. (SC, ST and BCs) Regulation of Issue of Community Certificates Act, 1993, and the Rules made thereunder confer ample powers upon the respondents herein to undertake verification into the genuinity of caste certificate. Such verification can be made either on a complaint received from any person, or suo motu, by the authorities

themselves. The petitioner is not able to point out any legal infirmity in the notice issued to him. The mere fact, that he is reaching the age of superannuation; does not constitute any ground to interdict the proceedings. The writ petition is accordingly dismissed, leaving it open to the petitioner to urge all the grounds, available to him, before the respondents, during the course of inquiry. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt:19-06-2008. KO