ORDER:

The petitioner has filed this Writ Petition seeking a writ of mandamus declaring the action of the 1st respondent in issuing G.O.Ms.No.144, Social Welfare (CV.2) Department dated 26.12.2007 rejecting the petitioner’s appeal filed against the proceedings Rc.No.707/2001.C5 dated 4.9.2006 passed by the 2nd respondent canceling the Scheduled Tribe Konda Dora Caste certificate issued to the petitioner as illegal, arbitrary and to set aside the same.

2. The case of the petitioner is that she is daughter of Bandi Subbanna Dora and Neelamma. Bandi Subbanna Dora belongs to Konda Dora community, whereas her mother Neelamma belongs to Telaga community hailing from Vizianagaram District. The petitioner was admitted in Tribal Welfare Ashram School and studied in the Ashram School from 1st class to 10th class and her school record reveals that she belongs to Konda Dora Community, which is a Scheduled Tribe (ST). She was issued Community Certificate mentioning her caste as Konda Dora, which belongs to Scheduled Tribe by the Mandal Revenue Officer, Gummalaxmipuram on 27.6.2000. She was selected as Teacher in the year 2001 and was working as Teacher in Primary School. While things stood thus, the President, Adivasi Vikas Parishad, Vizianagarm made a representation dated 5.1.2001, alleging that the petitioner does not belong to Konda Dora ST community. Based on the said complaint, the Revenue Divisional Officer, Parvathipuram conducted enquiry and submitted a report on 28.4.2001 stating that the mother of the petitioner Smt Neelamma originally hailed from Vizianagaram District and migrated to Gummalaxmipuram village along with her child and she belongs to Telaga by caste and further stated that no legal marriage was existing between Bandi Subbanna Dora and Neelamma. At the time of enquiry by the District Level Scrutiny Committee, the individual did not produce any documentary evidence to prove that her claim as belonging to Konda Dora Scheduled Tribe Community and as there is no legal existing marriage between Bandi Subbanna Dora and Neelamma, however, since they lived together as wife and husband, the question of acceptance of their marriage by the Tribunal Society does not arise and hence, Konda Dora ST caste certificate bearing No.880/1999.D dated 8.10.1999 and SR.No.726/2000.B dated 27.6.2000 issued by the Mandal Revenue Officer, Gummalaxmipuram in favour of Kumari Bandi Latha D/o. Subbanna Dora deserves to be cancelled. Based on the findings of the District Level Scrutiny Committee and report of the Revenue Divisional Officer, Parvathipuram, the District Collector and Magistrate issued notice to the petitioner to appear before him on 15.2.2006 and 24.2.2006 and 24.6.2006. The individual attended before the Collector and represented that she belongs to Konda Dora Scheduled Tribe community and Bandi Subbanna Dora and Neelamma are her parents and there were no illegal contacts with others to her mother. In the complaint of the President of Adivasi Vikas Parishad, Vizainagaram, it is stated that the petitioner’s original mother and father are Munikoti Krishna and Saraswathi. Munikoti Krishna suffered from Leprosy and they belong to Telaga community and she left the petitioner. The petitioner obtained Konda Dora ST certificate claiming that Subbanna Dora and Neelamma are her father and mother and on the false claim that she belongs to Konda Dora ST community, she obtained admission in Ashram school and studied from 1st to 10th class and thereafter obtained teacher job. But in the enquiry, Smt Saraswathi denied the same. The petitioner also denied the same and Bandi Subbanna Dora was examined in the enquiry and stated that the petitioner is his daughter and he denied the existence of legal marriage between him and Smt Neelamma. Based on the report of the District Level Scrutiny Committee, which is based on the Revenue Divisional Officer, the Collector erroneously came to the conclusion that the petitioner obtained S.T certificate claiming h