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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
U. Durga Prasad Rao, J.
Dokku Phaneendra Prasad and Ors. – Appellants
Versus
State of Andhra Pradesh and Ors. – Respondents
WP No. 21025 of 2020
Decided On : 14-06-2021
Constitution of India, 1950 - Articles 14 and 16 - Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 –A.P. Reorganization Act, 2014 - Section 28 & Schedule 5 - Untouchability - Permanent caste certificate - Complaint lodged by 7th respondent with 2nd respondent alleging that 1st petitioner obtained SC Caste Certificate fraudulently from RDO - 4th and 5th respondents did not issue any notice to 1st petitioner or his father while submitting report to 3rd respondent - On complaint made by 7th respondent with false allegations unduly cancelled caste certificate of 1st petitioner - Whether petitioners belong to Beda (Budaga) Jangam caste and thus classified as 'Scheduled Castes' community as per Constitution (Scheduled Castes Order), 1950 - Whether respondents 1 and 2 in their respective impugned orders wrongly held that petitioners are Jangamas @ Jangama Devaras and belong to BC community, but obtained false caste certificates as Beda (Budaga) Jangam (SC) and whether those orders are factually and legally unsustainable – Held, as per Section 6 of Act 16 of 1993, burden of proof rests heavily on petitioners, but they did not produce cogent material to buttress their contention that Beda Jangam caste people are generally and commonly called as Jangama @ Jangama Devaras by public - When Jangama and Jangama Devara are not included in Scheduled Castes Order, contention of petitioners that they are synonymous with Beda (Budaga) Jangam cannot be accepted to confer social status of SC - Contention of petitioner is that findings of DLSC are vitiated for reason that it followed Memo Social Welfare (J) Department which was set aside - This argument holds no much water for reason that DLSC only referred said Memo but its findings was based mainly on earlier records of petitioner and his father - It is informed that a Commission is pending to submit its report on subject about existence or non-existence of Beda (Budaga) Jangam community in State of A.P. and report is awaited - Said report will have no impact on case on hand as petitioners failed to establish that they belong to Beda (Budaga) Jangam caste but not Jangam (Jangama Devara) community - Writ petition dismissed.
ORDER :
U. Durga Prasad Rao, J.
1. The petitioners seek a mandamus declaring the proceedings in R.Dis.C5/M/249/2014 dated 8.1.2018 of the 2nd respondent published in District Gazette, East Godavari District vide No. 9/2018 dated 23.1.2018, which was confirmed by the 1st respondent vide G.O. Ms. No. 65, Social Welfare (CV.L) Department dated 6.11.2020 as arbitrary, illegal and violative of principles of natural justice and Articles 14 and 16 of the Constitution of India and also the provisions of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 (for short, 'the Act 16 of 1993') and rules framed thereunder and for a consequential order.
2. The petitioners' case is thus:
(b) On completion of his technical education, the 1st petitioner was appointed as Lecturer in Computer Engineering in Government Polytechnic (W) College, Nandigama, Krishna District in the year 1995 in the SC quota and later he was promoted as Senior Lecturer in the year 1998. Subsequently he was promoted as Head of the Department in the year 2003 and ultimately became the Principal in the year 2007. Further, pursuant to G.O. Ms. No. 1793, Education dated 25.9.1970, the M.R.O. vide his proceedings SSID 0405-0001-1020-0504 dated 15.2.2007, issued a permanent caste certificate certifying that the 1st petitioner belongs to "Beda Jangam" community which is recognized as SC in the State of Andhra Pradesh and the same was endorsed by the RDO, Peddapuram.
(c) While so, on the complaint lodged by 7th respondent with the 2nd respondent alleging that the 1st petitioner obtained SC Caste Certificate fraudulently from the RDO, Peddapuram, the 2nd respondent referred the case to 3rd respondent to enquire into the matter. On instructions, the 5th respondent submitted his report to 2nd respondent vide proceedings dated 30.9.2014 stating that the 1st petitioner belongs to 'Beda (Budaga) Jangam' community. The 4th respondent also submitted his report to 3rd respondent on 13.1.2015 without conducting any enquiry as required under rules stating that the service register of 1st petitioner's father showed him belonging to Jangam Community and 1st petitioner's school records showed him as 'Jangam Devara' community. The 4th and 5th respondents did not issue any notice to 1st petitioner or his father while submitting report to 3rd respondent,
(d) The 3rd respondent basing on a Memo No. 543/12/84-1, Social Welfare (J) Department dated 3.4.1984, which was already set aside by the High Court of A.P. in Nagam Chandrashekara Lingam v. Government of India, 1986 (1) An. WR 15 : 1985 (1) APLJ 252, submitted his report to 2nd respondent on 12.9.2017. However, the 2nd respondent without considering the petitioners' case in proper perspective, issued proceedings vide R.Dis.C5/M/249/2014 dated 8.1.2018, which was published in East Godavari District, Gazette No. 9/2018 on 23.1.2018, and cancelled the caste certificate of 1st petitioner. Aggrieved, the petitioners filed appeal before 1st respondent and vide Memo No. 1138271/CV.1/2018 dated 15.3.2018, who dismissed the appeal vide G.O. Ms. No. 65, Social Welfare (V-1) Department, dated 6.11.2020.
Hence, the writ petition.
3. On behalf of the respondents 1 to 5, the 2nd respondent filed counter inter alia contending thus:
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