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2017 Supreme(AP) 852

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
T. AMARNATH GOUD, J.
K. Rangaiah – Petitioner
Versus
The Government of Andhra Pradesh, Rep. by its Principal Secretary, Social Welfare Department and Another – Respondents
Writ Petition No. 14319 of 2004
Decided On : 19-12-2017

Advocates Appeared:
For the Petitioner: Sri. G.V. Shivaji.

Headnote:

Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 - Sections 3, 4 and 5 - Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Issue of Community, Nativity and Date of Birth Certificates Rules, 1997 - Rule 9 - Writ Petition - Issuance and cancellation of the caste certificate - Petition filed for issuance of a Writ of Certiorari calling for the records relating to the proceedings of the first respondent in G.O.Ms. Social Welfare (CV1) Department, confirming the orders of the second respondent and to quash the same with a further direction to the respondents to issue community certificate to the petitioner - Held, In view of the serious issue involved in the case where the rights conferred upon a citizen belonging to scheduled caste under the Constitution of India have to be looked into in terms of his eligibility and the community finding its name in the list under Scheduled Caste, this Court feels that ends of justice would be met if a discrete enquiry is conducted at State level by the competent authority and resolve the issue once for all, in the interest of the scheduled caste community - Petitioner shall submit a representation before the Principal Secretary, Social Welfare Department, Government of Andhra Pradesh, first respondent herein, with necessary documents seeking redressal of his grievance, and on receipt of such representation, the first respondent, in consultation with the Scheduled Caste Commission, Andhra Pradesh, shall ascertain the origin and habitation of Bariki community and pass necessary orders and also to grant consequential relief, if the petitioner is found eligible - Writ petition is disposed of.

ORDER :

T. AMARNATH GOUD, J.

1. This writ petition is filed for issuance of a Writ of Certiorari calling for the records relating to the proceedings of the first respondent in G.O.Ms. No. 41, Social Welfare (CV1) Department, dated 04.05.2004, confirming the orders of the second respondent and to quash the same with a further direction to the respondents to issue community certificate to the petitioner.

2. It is the case of the petitioner that he belongs to ‘Bariki’ of Scheduled Caste community and the same was reflected in his school records. He was selected as sub-staff in the LIC of India in the year 1966. When the petitioner was instructed to get the certificate of his caste, he approached the Tahsildar, Adoni. The Tahsildar, Adoni has issued a social status community certificate to the effect that the petitioner belongs to ‘Bariki’ of SC community vide certificate dated 04.07.1977. During the year 1987, when the petitioner was asked to furnish a fresh caste certificate, he approached the second respondent, who by his endorsement dated 01.03.1987, rejected the request of the petitioner. The same was under challenge in W.P. No. 9183 of 1988 and this Court, by order dated 05.08.1988, disposed of the said writ petition directing the authorities to pass a speaking order. Thereupon, the petitioner filed C.C. No. 114 of 1989 and this Court disposed of the same by order dated 11.04.1989. Thereafter, the second respondent, by his proceedings dated 16.08.1988, rejected the application of the petitioner and cancelled the caste certificate of the petitioner dated 04.07.19770. Aggrieved thereby, the petitioner filed W.P. No. 12042 of 1989 and this Court allowed the same by order dated 09.06.1997 by directing the respondents to hold a fresh enquiry by affording opportunity to the petitioner. Thereafter, the petitioner filed a detailed representation dated 29.08.1997 enclosing the documents in support of his claim. The second respondent once again rejected the request of the petitioner by his proceedings dated 20.12.1997. Aggrieved by the same, the petitioner filed an appeal before the first respondent and the first respondent by impugned G.O.Ms. No. 41, dated 04.05.2004, dismissed the appeal confirming the order of the second respondent, which lead the petitioner to file the present writ petition.

3. The second respondent filed a counter-affidavit stating that after discrete enquiries, it came to know that ‘Bariki’ caste was not existing in Kurnoool District and hence, the second respondent rejected the request of the petitioner, by proceedings dated 20.12.1997. The Government issued instructions for correct identification of Bariki community, in pursuance of which, a team of officers has been constituted to enquire into the genuineness of the caste certificate and finally it was concluded that ‘Bariki’ caste does not exist in the Kurnool District and that ‘Barikas’ are different from ‘Bariki’ caste members. It was also elicited that various persons actually belonging to communities such as Maddi, Bestha, Sunnapollu, Gaurimakkalu, Mudiraju, Kabbera came to be known as Barikis. The District Level Scrutiny Committee under the Chairmanship of Joint Collector, Kurnool, has issued a notice for enquiry and heard the petitioner on 29.08.1997 and after perusing the record, rejected the request of the petitioner holding that the petitioner and his children are not eligible to obtain ‘Bariki’ caste certificate. It is also stated in the counter that in pursuance of the order of this Court dated 15.12.2000 in WP. No. 24877 of 2000, a Committee was constituted with the Revenue Divisional Officer, Adoni, Deputy Director, Social Welfare Department, Kurnool and Executive Director, S.C. Corporation, Kurnool, to go into the details of the social status of the ‘Bariki’ caste people. The Committee conducted enquiry on 02.08.2001, 07.08.2001 and 13.08.2001 and invited representatives of the Adoni Taluka Bariki Sangam, Adoni to represent their claim. After enqui





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