ORDER

In Kumar Madhuri Patil v. Addl. Commissioner, Tribal Development1, this Court had issued guidelines for the officers to issue caste certificates to the Scheduled Castes and Scheduled Tribes for the purpose of admission to educational institutions and also employment to a post or office under the State. When the similar matter, viz. Director of Tribal Welfare, Government of A.P. v. Laveti Giri & Anr.2, had come up before the Court, this Court reiterated the guidelines in paragraph 7 indicating the manner in which the applications were required to be disposed of. In paragraph 8, also it was indicated that the Government of India would come forward with uniform legislation and necessary guidelines prescribing penal action against persons who violate such guidelines or obtain false caste certificates, which is a fraud on the Constitution and defeat the constitutional objectives.

2. The Andhra Pradesh State Legislature has enacted the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community-Certificates Act, 1993 (16 of 1993) (for short, the Act ) which came into force with effect from September 8, 1993. The above Act came to be made pursuant to a direction issued by the Andhra Pradesh High Court. The Act regulates issuance of community certificates to the Scheduled Castes, Scheduled Tribes and Backward Classes (for short, the Dalits , Tribes and OBCs ). Section 3 prescribes procedure for making application. Section 4 prescribes competent authority to issue such certificates. Section 5 prescribes procedure for cancellation of the false certificates. Section 6 lays the burden of proof of status of caste on the claimant. Section 7 provides for right of appeal and review. Section 8 gives power of revision of the Government in the prescribed manner. Section 9 gives power to the competent authority to avail the appropriate provisions in C.P.C. while conducting the enquiry. Sections 10 to 16 deal with the penalties, offences and also the trial and consequent punishment etc. thereof. Section 17 bars the jurisdiction of the Civil Court to take cognizance of the matters coming under the Act or the power to issue any injunction in that respect. Section 18 protects the officers who act in good faith. Section 19 gives overriding power over other laws and Section 20 gives the rule making power to the State Government.

3. The petitioner has filed the present application for directions or clarifications, since, according to the petitioner, the guidelines issued by this Court are required to be worked out within the framework of the above Act. Accordingly, by order dated August 20, 1996, this Court directed the State Government to make rules in conformity with the Act and the guidelines issued by this Court, as far as possible, they need to be in line therewith. If they are not in conformity, then the matter can be looked into after the rules are made part of the record. In furtherance thereof, the A.P. Scheduled Castes, Scheduled Tribes and Backward Classes Rules for Issue of Community Certificates, 1997 (Draft Rules) have been made. Rule 1 to 19 deal with the manner, method and issuance of the certificates, cancellation of false certificates, procedure for verification, burden of proof of the claims, scrutiny and review by the committees. Rules 7 and 8 are relevant for this purpose.

4. Rule 7 provides for constitution of Scrutiny and Review Committee at the State level and Rule 8 deals with Scrutiny Committee at the District Level. They are as under :

"7. Scrutiny and Review Committee (State level) :

A Scrutiny and Review Committee shall be constituted at the State Level with the following officers :

(a) (1) Principal Secretary

to Government Social

Welfare Department. -Chairman

(2) Commissioner, Social

Welfare -Member

(3) Commissioner, Tribal

Welfare -Member