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1988 Supreme(SC) 359

SUPREME COURT OF INDIA
K.N. SINGH AND M.H. KANIA, JJ.
The State of A.P. and others, Appellants
Versus
Nagam Chandrasekhara Lingam and others, Respondents.
Civil Appeal Nos. 2306 - 2308, 2309, 2310, 2518 and 2519, of 1985 D/- 4-5-1988.
AND
A.P. State Scheduled Castes Welfare Association, Appellant
Versus
Union of India and others, Respondents.
AND
Union of India, Appellant
Versus
Nagam Chandrasekhar Lingam and others, Respondents.

Advocates:
A.PRABHAVATHY, A.S.NAMBIYAR, G.N.Rao, HEMANT SHARMA, K.RAM KUMAR, K.RAM MOHAN, P.P.Rao, T.S.KRISHNAMURTHY IYER, V.C.MAHAJAN

Headnote:

Scheduled Castes and Scheduled Tribes (Modification) Order, 1956 –Appeals are directed against the judgment of a Division Bench of the Andhra Pradesh High Court disposing of a number of writ petitions, being Writ Petitions Civil Appeals are filed by the State of Andhra Pradesh and others, Civil Appeals are filed by the Andhra Pradesh State Scheduled Castes Welfare Association and Civil Appeals are filed by the Union of India – As the controversy before us is very limited, we propose to set out only the short facts necessary for the appreciation of the contentions raised before us – Respondent Lingam was selected by the Union Public Service Commission for appointment in the Indian Administrative Service (IAS) against a vacancy reserved for a Scheduled Caste candidate – This was done on the basis of a social status certificate produced by him which was issued to him certifying that he belonged to the Beda Jangam Community, a Scheduled Caste –Held, It was urged by Krishnamurthi Iyer, learned Counsel for the Appellant, the State of Andhra Pradesh, that, in spite of the aforesaid error committed by the Commissioner of Social Welfare in conducting the enquiry in the present case, the aforesaid Order G.O. ought not to be set aside in view of the conduct of Chandrasekhara who, even long after 1976 when the caste Beda Jangam was recognised as a Scheduled Caste throughout the State of Andhra Pradesh, never claimed the benefit of having belonged to that Community and proceeded on the footing that he was a candidate belonging to the general category – In our view, this submission cannot be upheld because the said Order G.O. Ms. is clearly based on the Report of the Social Welfare Commissioner and not on any conduct of the Appellant – Court may mention that it was further contended before us by learned Counsel appearing for Chandrasekhara, the contesting Respondent before us, that the Report of the Social Welfare Commissioner was also vitiated because out of 49 witnesses he desired to be called only a few were called by the Commissioner to give evidence – Appeals dismissed.

Judgment

KANIA, J. :- These Appeals are directed against the judgment of a Division Bench of the Andhra Pradesh High Court disposing of a number of writ petitions, being Writ Petitions Nos. 7548 of 1983, 7356 of 1984 and 10320 of 1984. Civil Appeals Nos. 2306-2308 of 1985 are filed by the State of Andhra Pradesh and others, Civil Appeals Nos. 2309-10 of 1985 are filed by the Andhra Pradesh State Scheduled Castes Welfare Association and Civil Appeals Nos. 2518-2519 of 1985 are filed by the Union of India.

2. As the controversy before us is very limited, we propose to set out only the short facts necessary for the appreciation of the contentions raised before us.

3. The Respondent No. 1, Nagam Chandrasekhara Lingam. (referred to hereinafter as "Chandrasekhara") was selected in 1981 by the Union Public Service Commission for appointment in the Indian Administrative Service (IAS) against a vacancy reserved for a Scheduled Caste candidate. This was done on the basis of a social status certificate produced by him which was issued to him on October 27,1980, certifying that he belonged to the Beda Jangam Community, a Scheduled Caste. Under the Scheduled Castes and Scheduled Tribes (Modification) Order, 1956, Beda Jangam Community in the Telangana region was enumerated as a Scheduled Caste. In 1976 the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1976 was enacted whereby the area restriction imposed under the aforesaid Order of 1956 in respect of the Beda Jangam caste was removed and that caste was declared as a Scheduled Caste throughout the State of Andhra Pradesh. By an Order, being Order No. G.O. Ms. No. 838 dated December 12, 1977 issued by the Governor of Andhra Pradesh, the Andhra Pradesh State and Subordinate Service Rules were amended with effect from July 27, 1977 and by these amendments Beda Jangam Community inter alia was notified as a Scheduled Caste throughout the State of Andhra Pradesh. Thereafter, Chandrasekhara obtained the aforesaid social status certificate from the Tahsildar, Ongole. He enclosed this certificate along with his application for selection to the Indian Administrative Service and he was selected in a reserved post as stated above. Thereafter, a Representation was made in writing to the Central Government by one Vijaya Kumar, President, Ambedkar Mission, Vishakhapatnam, alleging that Chandrasekhara belonged to the Jangam Caste which was a backward caste in the State of Andhra Pradesh but was not a Scheduled Caste. That representation was forwarded by the Central Government to the State Government for taking appropriate action. The State Government directed the Collector, Prakasam District, to enquire into the matter and submit a Report as to whether Chandrasekhara belonged to Beda Jangam Community. Pursuant to the Report made by the Collector in the enquiry, the Secretary to the Government of India was informed that Chandrasekhara belonged to the Beda Jangam Community which was a Scheduled Caste throughout the State of Andhra Pradesh. A further representation was made to the Central Government by the Andhra Pradesh Scheduled Castes Welfare Association to the effect that some persons belonging to the Jangam Community in the district of Prakasam had obtained false certificates to the effect that they belonged to the Beda Jangam Community which is a Scheduled Caste in the State of Andhra Pradesh and Chandrasekhara had produced one such false certificate and got qualified in the Indian Administrative Service on that basis. The Central Government forwarded that representation to the State of Andhra Pradesh and requested them to conduct a thorough enquiry into the matter. The State Government appointed T. Munivenkatappa, the then Commissioner of Welfare, Social Welfare Department of the State Government to conduct a de novo enquiry and submit a Report. The terms of enquiry which have been set out by the High Court in the impugned judgment are as follows:

(i) Whether Sri Lingam, his parents, the me















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