( 1 ) THE petitioner a Tracer in the office of the Dy. Executive Engineer, M. I. P. Survey-Sub Div. No. 4. Irrigation Department, Nizamabad, assails the order of the Joint Collector and Additional Magistrate, Nizamabad in proceedings dated 2-11-1993 cancelling the certificate dated 26-10-1978 issued to the petitioner by the Tahsildar, Bodhan, certifying the petitioner as belonging to Scheduled Caste "madiga" Community. The petitioner states that his ancestors belonged to SC community (Madiga) but his father converted to Christianity. On attaining majority the petitioner is stated to have converted back to Hinduism and thus claims to be a Hindu and consequently restoration of the original caste of Madiga of SC Community. The petitioner also states that he became a member of Arundathi Bandu Seva Mandali, Nizamabad, in the year 1980 and presently is Organising Secretary of the same. The petitioner further avers that his wife hails from Madiga caste, that her parents are continuing in the same caste and that the petitioner is a life member of Dr. Ambedkar Dalit Seva Sangam, Nizamabad Branch, over the past 7 years.

( 2 ) THE Irrigation Department Employees Union, Nizamabad, preferred a complaint dated 20-3-1992 that the petitioner has obtained employment as a Tracer on the footing of a false caste certificate as a member of SC Community despite being a Christian and requested investigation into the issue. Consequently the matter was referred to the Sub-Collector, Bodhan, for enquiry and the Sub-Collector submitted his report dated 19-5-1993 stating that as per the TC produced by the petitioner he is found to have been recorded as being "indian Christian". In the said report it is also stated that an enquiry into the social status of the petitioner s father Sri P. Isaac was called for from the M. R. O. , Yedpally, since he was residing in the village and that the M. R. O. submitted his report dated 2-12-1992 according to which the petitioner s father belongs to Christian Community and not Scheduled Caste, that the family continued to pray at Church, that the two daughter-in-laws of Sri Isaac are from Guntur District and belong to Christian community and also that the President of Dr. Ambedkar Dalitha Seva Sangam, Yedpally Branch, has in writing certified that Sri Isaac is not from SC community but is a Christian and his children are also Christians.

( 3 ) THE M. R. O. also has certified that the petitioner belongs to Indian Christian Community and not to SC Community. Consequently in the report dated 19-5-1997 the Sub Collector, Bodhan, categorically found that the petitioner belongs to Christian Community and that he showed his community as SC for the purpose of obtaining employment.

( 4 ) IN the circumstances, apropos the powers conferred upon him in G. O. Ms. No. 282 Social Welfare Department, dated 19-12-1998, the 1st respondent issued a show cause notice dated 5-4-1993, calling upon the petitioner to submit his explanation. The petitioner submitted his explanation dated 3-5-1993 reiterating the facts already adverted to. In addition thereto the petitioner submitted that entertaining a doubt as to his caste certificate at the time of employment an enquiry was ordered and the Tahsildar, Bodhan, conducted a detailed and thorough enquiry and by the report dated 8-1-980 informed the employer that the petitioner belongs to SC Community and confirmed the validity of the certificate issued earlier and that in the circumstances conduct of repeated enquiries into the same issue would constitute an arbitrary conduct. The 1st respondent conducted an enquiry and an explanation of the petitioner was also heard.

( 5 ) AFTER examining the entire record and discussing several aspects of the matter in details the 1st respondent came to the conclusion that the petitioner does not belong to SC (Madiga) Community and that he belongs to Christian Community. The alleged membership of the petitioner of the two institutions was disbeli