1. The petitioner was issued a community certificate by the Mandal Revenue Officer, Gudivada, the 4th respondent herein on 14-07-1980 to the effect that he belongs to Konda Kapu community, which is recognized as Scheduled Tribe (ST). The petitioner was not employed against any vacancy, reserved for ST community. It appears that he undertakes various social activities. The petitioner is said to have studied M.B.A Course, and obtained loan from the State Finance Corporation, for construction of a factory at Gudivada. On 23-03-1997, the then Member of Legislative Assembly of Gudivada, submitted a representation to the Government, with a request to conduct enquiry, in relation to the social status of the petitioner. A copy of the same was marked to the District Collector, Krishna, the 2nd respondent herein, who in turn directed the Revenue Divisional Officer, Gudivada, the 3rd respondent, to cause a preliminary enquiry. In the enquiry so conducted, it emerged that though the petitioner and his family pleaded that they have migrated from East-Godavari District, they have not submitted any material, in proof thereof.

2. After the completion of preliminary enquiry, the 2nd respondent referred the matter to the District Level Scrutiny Committee (for short ‘the Committee’), which is constituted under the A.P. (Scheduled Caste, Scheduled Tribe and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 (for short ‘the Act’), and the Rules made thereunder. The Committee issued notice to the petitioner, and ultimately submitted a report, stating that the petitioner does not belong to Konda Kapu community. Taking the same into account, the 2nd respondent passed an order dated 21-10-1999, holding that the petitioner does not belong to ST community, and directing that the caste certificate dated 13-07-1980, issued to the petitioner, be cancelled.

3. Initially, the petitioner approached this Court by filing a writ petition, challenging the order passed by the 2nd respondent. Thereafter, as directed by this Court, he filed an appeal before the Government, the 1st respondent herein, under Section 7(2) of the Act.

4. The appeal was dismissed, through orders in G.O.Ms.No.73, Social Welfare (CV.2) Department, dated 25-08-2001. The same is challenged in this writ petition.

5. The petitioner contends that he was not given adequate opportunity before the Committee, and that the 2nd respondent passed the order, contrary to the procedure prescribed under the Act and the Rules. He further contends that the 1st respondent was not entitled to hear the appeal, since it was on a direction issued by them, that the proceedings were initiated by the 2nd respondent.

6. On behalf of the respondents, a counter-affidavit is filed. It is stated that the procedure prescribed under the Act and the Rules was meticulously followed, in the proceedings initiated against the petitioner. According to them, the Committee has independently examined the matter by taking into account, the facts, pleaded by the petitioner and those, borne out by record. They further state that the petitioner has failed to prove that he or his family are migrated from East-Godavari District, and that he did not even reveal the name of his so-called native place.

7. Heard Sri B. Sree Rama Krishna, learned counsel for the petitioner and learned Government Pleader for Social Welfare.

8. The petitioner claimed the status of ST, by stating that he is a Konda Kapu. The said community is prevalent in the agency tracts of East-Godavari and Visakhapatnam Districts. Admittedly, the petitioner is a native of Gudivada, of Krishna District. His father was also residing at that place. Though it was pleaded that his father came from a place in East-Godavari District, no evidence, in support thereof, was adduced.

9. The caste certificates, in respect of the tribes, which are prevalent in certain areas, mentioned in the relevant orders, issued under the corresponding provisions of