Andhra Pradesh High Court
Judges : A.LAKSHMANA RAO, P.CHENNAKESAVA REDDY
Nagam Chandrashekara Lingam - Appellant
Versus
Government of India rep.by its Secretary, Home Department of Personnel, New delhi - Respondent
Decided On : 12-24-84
CONSTITUTIONAL LAW - SCHEDULED CASTES AND SCHEDULED TRIBES (MODIFICATION) ORDER, 1956 - SCHEDULED CASTES AND SCHEDULED TRIBES ORDER (AMENDMENT) ACT, 1976 - ANDHRA PRADESH STATE AND SUBORDINATE SERVICE RULES - Beda Jangam Community - Whether Sri N. Chandrasekhara Lingam belongs to Beda Jangam community, a scheduled caste or not - Enquiry conducted by Commissioner of Social Welfare Department - Whether enquiry is vitiated - Principles of natural justice - Whether violated - Held, enquiry is vitiated and is invalid - Impugned G.O.Ms. No. 51, Social Welfare (J) Department, dt. 20-3-1984 and Memo. No. 543/j2/84-1, dated 3-4-1984 are quashed - Petitioner Sri N. Chandrasekhara Lingam shall be sent for training for Indian Administrative Service - Enquiry into his social status should be completed within four months from the date of receipt of this judgment.
Fact of the Case:
Sri N. Chandrasekhara Lingam was selected in the year 1981 for appointment in the Indian Administrative Service but till this day he was not sent for training because of the pendency of the enquiry into his social status and the writ proceedings.
Finding of the Court:
The impugned G.O.Ms. No. 51, Social Welfare (J) Department, dt. 20-3-1984 and Memo. No. 543/j2/84-1, dated 3-4-1984 are quashed. Petitioner Sri N. Chandrasekhara Lingam shall be sent for training for Indian Administrative Service. Enquiry into his social status should be completed within four months from the date of receipt of this judgment.
Issues: 1. Whether Sri N. Chandrasekhara Lingam belongs to Beda Jangam community, a scheduled caste or not? 2. Whether the enquiry conducted by Commissioner of Social Welfare Department is vitiated? 3. Whether the principles of natural justice are violated?
Ratio Decidendi: 1. The enquiry conducted by the Commissioner of Social Welfare Department is vitiated and is invalid. 2. The impugned G.O.Ms. No. 51, Social Welfare (J) Department, dt. 20-3-1984 and Memo. No. 543/j2/84-1, dated 3-4-1984 are quashed. 3. Petitioner Sri N. Chandrasekhara Lingam shall be sent for training for Indian Administrative Service. 4. Enquiry into his social status should be completed within four months from the date of receipt of this judgment.
Final Decision: The impugned G.O.Ms. No. 51, Social Welfare (J) Department, dt. 20-3-1984 and Memo. No. 543/j2/84-1, dated 3-4-1984 are quashed. Petitioner Sri N. Chandrasekhara Lingam shall be sent for training for Indian Administrative Service. Enquiry into his social status should be completed within four months from the date of receipt of this judgment.
( 1 ) W. P. No. 7548 of 1983 was filed by Sri Nagam Chandrasekhara lingam who was selected in the year 1981 by the Union Public Service Commission for appointment in the Indian administrative Service. He was not called for training along with other selected candidates. As such he filed this writ petition seeking a declaration that he is entitled to be sent for training. Subsequently, he filed W. P. No. 7356 of 1984 questioning the validity of G. O. Ms. No. 51, Social Welfare (J) Dept. , dated: 20-3-84 issued by the Government of Andhra Pradesh by which the social status certificate issued to him on 27-10-1980 as belonging to the Beda jangam community, a scheduled caste was cancelled. The Andhra Pradesh beda jangama Sangam and two others filed W. P. No. 10302 of 1984 seeking a declaration that G. O. Ms. No. 51, Social welfare (J) Department dt. 20-3-1984 and the Memo No. 543/j2/84-1, dated: 3 4-1984 issued by the Government of andhra Pradesh are null and void. By the said memo the concerned Revenue and Social Welfare authorities in the districts were directed to cancel the false certificates obtained by the Jangams as belonging to Beda Jangam Community and proceed against them criminally also besides withdrawing their educational seats and cancelling the jobs given under reservation. The authorities were further directed to recover the scholar-ships given earlier to such persons.
( 2 ) UNDER the Scheduled Castes and Scheduled Tribes (Modification) order, 1956 Beda (Budga) Jangam community in Telangana region was enumerated as a Scheduled caste and included in the list of Scheduled castes. In the year 1976 the Scheduled Cashes and scheduled Tribes Order (Amendment) act, 1976 was enacted. By virtue of the said Act the area restriction imposed under the earlier Scheduled Castes and scheduled Tribes (Modification) Order, 1956 in respect of Beda (Budga) Jangams was removed and the castes Beda jangam and Budga Jangam were declared as Scheduled Castes throughout the state of Andhra Pradesh. The Governor of Andhra Pradesh issued G 0 Ms No. 838 dt : 15-12-77 amending the rules in part-I of the A P State and Subordinate service Rules with effect from 27-7-77. Asperthis amendment Beda Jangam Budga jangam Mala and Jangam communities were notified as scheduled castes throughout the State of A P. Sri Nagam chandrasekhara Lingam, the petitioner in w P Nos. 7548 of 1983 and 7356 of 1984 obtained a certificate dt : 27-10-80 from the Tahsildar, Ongole that he belongs to Beda Jangam community, a scheduled caste. He enclosed this certificate to the application for selection to the Indian Administrative Service. He was selected in 1981 against a post reserved for scheduled castes. Subsequent to his selection a representation was made in writing to the Central government by one Sri Vijaya Kumar, president Ambedkar Mission, Visakhapatnam stating that the petitioner belongs to Jangam caste which is one of the backward castes in the State and he does not belong to Beda Jangam caste which is one of the scheduled castes in the State. That representation was forwarded to the State Government for purpose of taking appropriate action in the matter. Thereafter, the State Govt. directed the Collector, Prakasam District to enquire into and submit a report whether the petitioner belongs to Beda jangam Community or not. The learned government Pleader appearing for the state Government has produced the relevant records. It is seen from the records that the Collector, Prakasam district in D. 0. Rc. No. 3269/83 E-2 dated 21-4-1983 submitted a report to the State Government stating that the petitioner belongs to Beda Jangam community. On the basis of this report Sri v Chandra Mowli the then Secretary to the Government of Andhra Pradesh, social Welfare Department informed the government of India in his D O Letter no. 1124-J2/82-8 dated: 23-5-1983 that "ths detailed enquiry of the District collector of Prakasam District reveals that Sri N. Chandra
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