MOTILAL B. NAIK, J.

( 1 ) PETITIONER seeks a Writ of Certiorari calling for the records of the first respondent in Rc. No. l641/88/j, dated 6-11-1988 through which proceedings, the Caste certificate obtained by the petitioner was cancelled on the ground that he obtained the same by misrepresenting that he belonged to Scheduled Tribe, and to quash the same as illegal and arbitrary and pass such other order or. orders in the circumstances of the case.

( 2 ) PETITIONER claiming to be a member belonging to Holva community which is recognized as Scheduled Tribe community in the State of Andhra Pradesh, participated in the recruitment process undertaken by the State Bank of India for the post of Clerk- / cum-Cashier in the year 1986 and secured selection, in a vacancy reserved for scheduled Tribe candidate with roll no. 12130017 on the basis of his claim to be a member of Holva community. The second respondent accordingly appointed the petitioner by an order dated 9-5-1985 as clerk-cum-Cashier and since then he has been working in different places. The services of the petitioner were also confirmed on 13-12-1986.

( 3 ) ACCORDING to the petitioner, a false complaint was made by some persons who are inimical to him alleging that he has obtained a false Social Status Certificate from the Mandal Revenue Officer, Kotturu mandal of Srikakulam District as if he belongs to Holva community though he is a oriya Brahmin and that his community is known as Holuva which is not a Scheduled tribe Community at all. The Mandal revenue Officer by proceedings in rc. No. 1990/87-C dated 17-8-1988 reported that the Social Status Certificate issued to the petitioner on 15-8-1986 was genuine and despite such clarification, the second respondent-Bank referred the matter to the district Collector, Srikakulam for verification. The District Collector, srikakulam in turn directed the first respondent to enquire into the Social Status claim of the petitioner and decide the matter according to law.

( 4 ) PETITIONER claimed that pursuant to the orders of the District Collector, Srikakulam, the first respondent issued a show-cause notice to him in Rc. No. 1641/88/j dated 9-9-1988 asking him to submit written explanation. Pursuant thereto, petitioner claims to have submitted his written explanation on 29-9-1988 stating that he belongs to Holva Community which is a scheduled Tribe and further denied the allegation that he is a Oriya Brahmin. Petitioner also seems to have clarified that since his father is an illiterate man, without realizing the implication had got recorded in his school register that he belonged to Oriya brahmin Community, on which basis the social Status certificate of the petitioner issued by the Mandal Revenue Officer was cancelled through proceedings dated 6-11-1988, which according to the petitioner is unsustainable. Petitioner further claims that the cancellation of his Social Status certificate issued by the Mandal Revenue officer through the impugned order is without affording an opportunity to him and is violative of Articles 14,16 and 342 of the Constitution of India and therefore, seeks a direction from this Court to set aside the impugned order.

( 5 ) ON behalf of the respondents, detailed counters have been filed. In the counter filed on behalf of the first respondent who is the revenue Divisional Officer, Palakonda of srikakulam District, it is clarified that sufficient opportunity was given to the petitioner to explain and produce appropriate evidence in support of his claim that he belonged to Holva community which is Scheduled Tribe Community. The first respondent indicated that petitioner has only produced certificates issued by M. Ps. and M. L. As. as if he belonged to Scheduled tribe Community. However, as these authorities are not competent to issue such certificates, such certificates were not taken into account. The petitioner failed to produce any positive evidence showing that he belonged to Scheduled Tribe community. At the

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