1992 Supreme(AP) 397

Andhra Pradesh High Court
Judges : D.REDDAPPA REDDY, M.N.RAO
A.P.Lingadhari Koya (Ordinary) Association rep - Appellant
Versus
Union of India, rep.by the Under-Secretary, Ministry of Welfare - Respondent
Decided On : 08-10-92

The impugned action does not amount to victimising one community and depriving the advantages conferred on the members of the community by law and the same is, therefore, not liable to be struck down as being arbitrary, capricious and whimsical.

Headnote:

LINGADHARI KOYA (ORDINARY) TRIBE - CONSTITUTION (SCHEDULED TRIBES) ORDER, 1950 - AMENDMENT ACT, 1976 - G.O. MS. NO. 289 DATED 28-11-86 - G.O. MS. NO. 138 DATED 29-5-91 - VALIDITY - GUIDELINES FOR ISSUE OF CASTE CERTIFICATES - REASONABLENESS - JUDICIAL REVIEW.

Fact of the Case:

Petitioners challenged the legality of an order issued by the government of Andhra Pradesh directing that every case in which a claim for issue of a Scheduled Tribe Community certificate on the basis of the applicant's caste as belonging to Lingadhari Koya (ordinary) should be referred to Director, Tribal Cultural Research and Training Institute for clearance before issue of Scheduled Tribe community certificate. Petitioners also challenged the legality of a show-cause-notice issued by the Collector, Rangareddy District calling upon two sisters to explain the reasons for the false declaration they obtained within one week from the date of receipt of the notice, failing which the certificates will be cancelled on the ground of committing fraud.

Finding of the Court:

1. The impugned memorandum and the consequential G.O., lay down that officers not below the rank of Revenue Divisional Officer"in whose jurisdiction the community certificate seekers claim nativity are empowered to issue community certificates." 2. The word "nativity" necessarily implies native place of the candidate but not of his ancestors. 3. The matters required to be considered by the certifying officers as laid down in the guidelines cannot be said to be irrelevant nor do the guidelines allow the authority to take into consideration extraneous matters. 4. The impugned action does not amount to victimising one community and depriving the advantages conferred on the members of the community by law and the same is, therefore, not liable to be struck down as being arbitrary, capricious and whimsical. 5. The guidelines contained in the appendix to the impugned memorandum must be borne in mind by the certifying officer while issuing the caste certificate.

Issues: 1. Whether the impugned order directing that every case in which a claim for issue of a Scheduled Tribe Community certificate on the basis of the applicant's caste as belonging to Lingadhari Koya (ordinary) should be referred to Director, Tribal Cultural Research and Training Institute for clearance before issue of Scheduled Tribe community certificate is valid? 2. Whether the impugned show-cause-notice issued by the Collector, Rangareddy District calling upon two sisters to explain the reasons for the false declaration they obtained within one week from the date of receipt of the notice, failing which the certificates will be cancelled on the ground of committing fraud is valid?

Ratio Decidendi: 1. The impugned memorandum and the consequential G.O., lay down that officers not below the rank of Revenue Divisional Officer"in whose jurisdiction the community certificate seekers claim nativity are empowered to issue community certificates." 2. The word "nativity" necessarily implies native place of the candidate but not of his ancestors. 3. The matters required to be considered by the certifying officers as laid down in the guidelines cannot be said to be irrelevant nor do the guidelines allow the authority to take into consideration extraneous matters. 4. The impugned action does not amount to victimising one community and depriving the advantages conferred on the members of the community by law and the same is, therefore, not liable to be struck down as being arbitrary, capricious and whimsical. 5. The guidelines contained in the appendix to the impugned memorandum must be borne in mind by the certifying officer while issuing the caste certificate.

Final Decision: 1. W. P. No. 9707 / 1990 is dismissed. 2. W. P. No. 13992/1991 is also dismissed subject to the above direction. The petitioners in W. P. 13992/1991 shall be given time to submit their explanation as directed above.