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2013 Supreme(AP) 1141

High Court of Andhra Pradesh
THE HONOURABLE DR. JUSTICE K.G. SHANKAR, J.
Bonda Seetharama Rao
Versus
Government of Andhra Pradesh, Rep. by its Secretary, Social Welfare (CV.2) Department & Others
Writ Petition No. 10467 of 2002
Decided on: 17-12-2013

Advocates Appeared:
For the Petitioner: P. Gangaiah Naidu, Senior Counsel.
For the Respondents: Government Pleader for Social Welfare.

Headnote:A.P. (Scheduled Castes, Scheduled Tribes and Backward Castes) Regulation of Issue of Community Certificates Act 1993 - Section 6 - A.P. (Scheduled Castes, Scheduled Tribes and Backward Castes) Issue of Community Certificates, Nativity and Date of Birth Certificate Rules 1997, Rule 6---Issuance of caste certificate— Community certificate cannot be ordered on humanitarian grounds - Petitioner has proved that he belongs to Kanda Kapu Community--Respondents directed to issue caste certificate to petitioner of community as claimed by him

Judgment :

1. The sole petitioner seeks for a mandamus to declare the proceedings dated 23-3-1992 issued by the 4th respondent-Mandal Revenue Officer (MRO), Addatheegala, East Godavari District, the proceedings dated 26-6-2000 issued by the 2nd respondent-District Collector, East Godavari at Kakinada and G.O.Ms.No.37, Social Welfare (CV.2) Department, dated 27-3-2002 as illegal and for an order to set aside the same with consequential relief.

2. The petitioner claims that he is a Konda Kapu by community, which is a Scheduled Tribe. He claims that his fore-fathers hail from Dutcharti Village, Addatheegala Mandal. His father was employed in the Railways. The father of the petitioner ultimately retired as Assistant Law Officer. His school records and official records showed him as belonging to Konda Kapu Community.

3. The Caste Certificate obtained by the father of the petitioner that he belonged to Konda Kapu dated 14-3-1979 was cancelled by the District Collector considering that the father of the petitioner was not a Konda Kapu by community. He preferred W.P.No.2444 of 1982. Through order dated 19-01-1985, the orders of the District Collector were cancelled. Further, the father of the petitioner was declared by the Court to be belonging to Konda Kapu Community. A writ appeal with delay was filed by the Government. In W.A.(SR).No.33723 of 1986, a Division Bench of this Court dismissed the limitation petition through orders dated 12-6-1986. Orders in W.P.No.2444 of 1982 continued to be in force. A special leave petition was filed questioning the orders in W.A.(SR).No.33723 of 1986, which was numbered as Civil Appeal 188 of 1994. The Supreme Court remitted the case through orders dated 10-01-1994 directing the Division Bench to dispose of the writ appeal on merits after allowing the limitation petition. The case came up before another Division Bench of this Court. The Division Bench through orders dated 23-8-1995, dismissed the appeal. Thus, the orders in W.P.No.2444 of 1982 became final.

4. So far as the petitioner is concerned, the petitioner joined as a Lower Division Clerk in the office of the Regional Provident Fund Commissioner on 24-11-1989. He was directed to produce his latest Caste Certificate. The Mandal Revenue Officer (MRO), Addatheegala was not inclined to pass any orders on the representation of the petitioner. The petitioner consequently filed W.P.No.7941 of 1990. On 22-10-1991, the writ petition was disposed of directing the MRO to issue necessary Certificate. On 23-3-1992, the MRO rejected the request of the petitioner for a Caste Certificate. The District Collector, in his turn, rejected the request through proceedings dated 26-6-2000. Government issued G.O.Ms.No.37 accordingly on 27-3-2002. All the 3 proceedings are questioned through this writ petition.

5. Sri P.Gangaiah Naidu, learned Senior Counsel for the petitioner contended that the District Level Scrutiny Committee (DLSC, for short) did not hold any enquiry under Rule 8 of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Issue of Community, Nativity and Date of Birth Certificates Rules, 1997 (the Rules, for short). One of the primary contentions of the learned Senior Counsel for the petitioner is that when the father of the petitioner belongs to Konda Kapu Community, the petitioner automatically belongs to Konda Kapu Community and that he is entitled to the Caste Certificate.

6. It is contended by the learned Senior Counsel for the petitioner that the District Collector passed orders on 26-6-2000 without applying his mind, blindly accepting the report of the MRO. The learned Government Pleader for Social Welfare placed reliance upon S.N. Mukherjee v. Union of India (AIR 1990 SC 1984)where with reference to the principles of natural justice in respect of the decision of an Administrative authority, the Supreme Court observed that reasons must be recorded by the authority for the order except in cases where the requirement of giving













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