IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD.
V. ESWARAIAH and VILAS V. AFZULPURKAR, JJ.
Government of A.P., rep. by its Principal Secretary, Agriculture and Co-operation (Co op. II) Department, Hyderabad and another
v.
Pagadala Khali Kanthi and another
Writ Petition Nos: 20829 of 2007 and 1634 of 2008
Decided on 29-01-2010.
(Per Vilas V. Afzulpurkar, J)
WP.No.20829 of 2007 is filed by the State of Andhra Pradesh aggrieved by the order of the Andhra Pradesh Administrative Tribunal in O.A.No.3787 of 2007 dated 08.08.2007 where under O.A.No.3787 of 2007 filed by the respondent herein was allowed by the tribunal directing the State to issue appointment order to the respondent herein for the post of Deputy Registrar of Cooperative Societies within a period of four weeks from the date of receipt of the order, as she was selected by the Andhra Pradesh Public Service Commission (APPSC).
2. The State has assailed the aforesaid order, primarily, on the ground that the social status certificate produced by the respondent in support of her claim that she belongs to Konda Kapu caste and as such is recognized Schedule Tribe (ST), is itself fraudulent and incorrect. In other words, therefore, the State denied her claim that she belongs to Konda Kapu caste and notwithstanding her selection by APPSC for Group I services under the Government of AP to the post of Deputy Registrar of Cooperative Societies; the appointment order in her favour was not issued. The aforesaid claim of the Government is based upon the verification report by the Commissioner of Tribal Welfare dated 04.06.2007 and communicated to the Collector and District Magistrate, Hyderabad District vide letter of the Commissioner bearing Rc.No.276/17/ 2007TRI/VC-7 dated 04.06.2007. The said Commissioner of Tribal Welfare was requested by the Commissioner for Cooperation and Registrar of Co-operative Societies, AP, Hyderabad to verify the social status claim of the respondent, who was selected under the ST quota by APPSC for the post of Deputy Registrar. As stated above, based on the said report, the respondent was denied orders of appointment; whereupon she had approached the tribunal vide, O.A.No.3787 of 2007 referred to above. The respondent had sought a direction from the tribunal to declare the action of the third respondent in OA (Commissioner for Co-operation and Registrar of Co-operative Societies, AP) in not issuing appointment order to her as Deputy Registrar of Co-operative Societies, in spite of her selection by APPSC, as arbitrary and unjust. Under the impugned order, the tribunal has allowed the said OA correctness of which is subject matter of this writ petition.
3. While admitting the writ petition, this Court had issued interim direction on 04.10.2007, which is as follows:
"Interim direction to the petitioners department to consider the case of the 1st respondent for appointment to the post of Deputy Registrar without referring to the Commissioners report dated 04.06.2007. But, however, we make it clear that this order will not preclude the petitioners-department from enquiring into the social status of the 11 respondent in accordance with law, if they so desire."
4. Questioning the said order, the State had approached the Honourable Supreme Court vide SLP (Civil) No.20931 of 2007 and by order of the Supreme Court dated 19.11.2007 while issuing notice on the SLP, stay of operation of the impugned order extracted above was granted. The order of the Supreme Court is extracted hereunder:
"Issue notice Mr. A.K. Ganguli learned senior counsel appearing for respondent No.1 accepts notice on behalf of Mr. Y. Raja Gopala Rao, caveator and Advocate on record for
Respondent No.1 Three weeks time is granted for filing counter affidavit. Rejoinder, if any, be filed within two weeks thereafter. List the matter after five weeks. In the meanwhile, there shall be stay of operation of the impugned judgment.
We, however, make it clear that in the meantime the High Court will be at liberty to proceed with the main matter."
5. As the interim order of this Court dated 04.10.2007 gave liberty to the State to enquire into the social status of the respondent in accordance with law, the District Collector, who is the competent authority empowered to cancel a false community certificate under the Andhra Pradesh (SC
Sobha Hymavathi Devi v. Setti Gangadhdara Swamy: 2005 (3) ALT 8 (SC) = (2005) 2 SCC 244. (Para 9)
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