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2018 Supreme(AP) 722
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
T. AMARNATH GOUD, J.
G.N. Ashok - Appellant
Versus
The Collector & District Magistrate, Anantapur & Others - Respondent
Writ Petition No. 10968 of 2008
Decided On : 17-12-2018
For the Petitioner:A.K. Jayaprakash Rao, K. Venkateswarlu, Advocates.
Headnote:
Constitution of India,1950 – Article 226 – Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 – Section 4 and 6 – Appeal against Acquittal – Cancelling of caste certificate – Appointment – Impugned Order – Challenged – Held, Caste of ‘Valmiki’ is not included in category of Scheduled Caste but listed under Backward Class category – Person obtains caste certificate fraudulently, his act attracts under criminal proceedings basing on complaint of first respondent before Court below and same was ended in acquittal – Revenue officials categorically deposed before Court below that by mistake, they have issued certificate – Hence cannot be said that petitioner obtained caste certificate fraudulently, as same has not been proved before competent criminal Court – Issue of obtaining false caste certificate petitioner obtained appointment in service on basis that he belonged to Scheduled Caste community, he has usurped post which should have gone to a member of Scheduled Caste – Though petitioner served in without any stigma till his retirement, it cannot be said that he is entitled for retiremental benefits and other benefits, as his very appointment itself is unlawful – Petitioner obtained caste certificate in year 1968 which in light of Rule 21 of Rules can be treated as valid – But, when ‘Valmiki’ community is notified as Scheduled Caste in agency tracks it is notified as Backward Class same cannot be treated as valid and hence, on weightage of same, no benefits can be extended to petitioner – Writ petition dismissed. (Para 8, 9 and 11)
Facts of the case:
This writ petition is filed challenging order of first respondent and subsequent proceedings of the third respondent and also Government Order issued by fourth respondent.
Findings of the case:
Caste of ‘Valmiki’ is not included in category of Scheduled Caste but listed under Backward Class category – Person obtains caste certificate fraudulently, his act attracts under criminal proceedings basing on complaint of first respondent before Court below and same was ended in acquittal – Revenue officials categorically deposed before Court below that by mistake, they have issued certificate – Hence cannot be said that petitioner obtained caste certificate fraudulently, as same has not been proved before competent criminal Court – Issue of obtaining false caste certificate petitioner obtained appointment in service on basis that he belonged to Scheduled Caste community, he has usurped post which should have gone to a member of Scheduled Caste – Though petitioner served in without any stigma till his retirement, it cannot be said that he is entitled for retiremental benefits and other benefits, as his very appointment itself is unlawful – Petitioner obtained caste certificate in year 1968 which in light of Rule 21 of Rules can be treated as valid – But, when ‘Valmiki’ community is notified as Scheduled Caste in agency tracks it is notified as Backward Class same cannot be treated as valid and hence, on weightage of same, no benefits can be extended to petitioner.
Result: Writ petition dismissed
1. This writ petition is filed challenging the order of the first respondent in Rc.Mc3/982/2001, dated 06.05.2002, subsequent proceedings of the third respondent in reference No.PAC/ZOB/885, dated 18.05.2002 and also G.O.Ms.No.74, dated 19.04.2008, issued by the fourth respondent.
2. It is the case of the petitioner that his father belongs to ‘Valmiki’, which is a Scheduled Caste community, who obtained caste certificate to that effect from the composite Madras State. His father worked in the Central Excise Department and, in his service register, his caste was shown as ‘Valmiki’. Subsequently, the petitioner obtained caste certificate dated 19.06.1968 from the Tahsildar, Anantapur, showing that he belongs to ‘Valmiki’ of Scheduled Caste community. Basing on the said certificate, the petitioner joined as a Clerk on 02.11.1974 in the third respondent- Bank. While so, the Revenue Divisional Officer, Anantapur, issued a notice dated 14.11.1988, directing the petitioner to appear before him for verification of his caste certificate, but however the enquiry could not take place in spite of several adjournments. Thereafter, the Revenue Divisional Officer, Anantapur, issued another notice dated 16.11.1992, directing to the petitioner to show cause why his caste certificate should not be cancelled and criminal action should not be taken against him. Challenging the same, the petitioner filed W.P.No.909 of 2003 before this Court and this Court disposed of the same on 03.02.1993, directing the respondents therein to furnish copies of enquiry report to the petitioner and proceed with the enquiry. Subsequently, the first respondent issued proceedings dated 05.02.1993, initiating disciplinary action and launching criminal proceedings against the petitioner. Challenging the same, the petitioner filed W.P.No.19063 of 1993 and this Court, by order dated 22.06.2001, disposed of the same by setting aside the proceedings dated 05.02.1993 of the first respondent and directed the petitioner to file explanation to the show cause notice dated 16.11.1992. Pursuant to the same, the petitioner submitted his explanation and appeared before the District Level Scrutiny Committee on 03.12.2001 and submitted all relevant documents. The District Level Scrutiny Committee, after examining the explanation of the petitioner, submitted its findings to the first respondent recommending for cancellation of the caste certificate of the petitioner. Thereafter, the first respondent, by order dated 06.05.2002, cancelled the caste certificate of the petitioner. Challenging the same, the petitioner filed an appeal and the same was dismissed by the fourth respondent vide G.O.Ms.No.74, Social Welfare (CV.1) Department, dated 19.04.2008, upholding the order of the first respondent dated 06.05.2002. In the meantime, basing on the complaint of the first respondent, Crime No.185/93 was registered for the offences punishable under Sections 177, 471 and 420 IPC, which was taken on file as C.C.No.181/1994 on the file of the Court of Additional Judicial First Class Magistrate, Anantapur (for short, Court below) and the same was ended in acquittal on 18.09.2000. Coming to the departmental action, in pursuance of the order of the first respondent dated 06.05.2002 cancelling the caste certificate of the petitioner, the third respondent-Bank issued proceedings in Reference No.APC/ZQB/885, dated 18.05.2002, cancelling the appointment of the petitioner. In those circumstances, the petitioner was constrained to file the present writ petition.
3. A counter-affidavit is filed on behalf of respondent Nos.1, 2 and 4 stating that G.O.Ms.No.527, dated 09.03.1951, issued by the Government of Madras, was not valid at the time of issuance of caste certificate to the petitioner and that at the time of issuance of caste certificate to the father of the petitioner, ‘Valmiki’ was listed in the category of Scheduled Caste, but subsequently, it has been listed under Backward Class category. The
