A person who is not aggrieved by an order issued under the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community certificates Act, 1993, does not have locus standi to file a writ petition challenging the order.

JUDGMENT

1. This writ petition is filed questioning the action of the 1st respondent in issuing the G.O.Ms.No.12, Social Welfare (CV2) Department, dtd. 29/1/2014 and to set aside the orders passed by the 2nd respondent in B2/2380/97, dtd. 18/3/1998, by upholding S.T. "Konda Kapu" Community Certificate issued by the Tahsildar, Rajavommangi Mandal, in favour of the unofficial respondents 4 to 25.

2. Heard learned counsel for the petitioner and learned Government Pleader for Tribal Welfare for the respondents 1 to 3 and learned counsel appearing for the respondents 4 to 25.

3. Initially, present writ petition was filed by one P.Suri Babu, Son of Satyanarayana stating that he belongs to ST community and activist of tribal rights and actively involved in agitating against the persons, who secured appointment with aid of Bogus Community Certificates under S.T. Quota. The respondents 4 to 25 belongs to one family and they obtained Social Status Certificates showing that they belongs to Konda Kapu (S.T.) with false documents. The petitioner is not a party to the proceedings before the 1st respondent and he is unaware of passing of the G.O.Ms.No.12, Social Welfare (CV2) Department, dtd. 29/1/2014.

4. The Sub-Collector, Rampachodavaram issued Show Cause Notice dtd. 9/9/1989 to respondents No.4 to 25 seeking explanation, stating that the respondents 4 to 25 does not belongs to Konda Kapu Community and the respondents 4 to 25 submitted their explanation to the Sub-Collector, Rampachodavaram and the Sub-Collector has cancelled the Caste Certificates of the respondents 4 to 25. Challenging the same, the respondents 4 to 25 filed a writ petition and this Court set aside the proceedings of the Sub-Collector cancelling Community Certificates of the respondents and remanded back the matter to the Sub-Collector for fresh consideration as per the provisions of the Act.

5. After remanding the matter, the Sub Collector has conducted enquiry and cancelled the Caste Certificate issued in favour of the unofficial respondents on 18/3/1988. Assailing the said orders, the unofficial respondents have filed an appeal before the 1st respondent. The 1st respondent considered and allowed the appeal filed by the unofficial respondents vide G.O.Ms.No.12 dtd. 29/1/2014 and set aside the cancellation orders issued by the 2nd respondent dtd. 18/3/1998. Assailing the said orders, present writ petition has been filed.

6. Main contention of the petitioner herein is that without seeking the difference between Kapu and Pedda Kapu, said appeal was allowed only based on A.P. Gazette issued in 1953, 1963 that Konda Kapu, Mannem Kapu and Kapus of Visakhapatnam and East Godavari Districts were treated in the category of "Hill Tribes". The observations made in the said G.O. by the 1st respondent is contrary to the ratio decided by the Apex Court in the State of Maharashtra v. Milind, (2001) 1 SCC 4. wherein it is observed that -

"12. Plain language and clear terms of these articles show

(1) the President under clause (1) of the said articles may with respect to any State or Union Territory and where it is a State, after consultation with the Governor, by public notification specify the castes, races or tribes or parts of or groups within the castes, races or tribes which shall for the purposes of the Constitution be deemed to be Scheduled Castes/Scheduled Tribes in relation to that State or Union Territory as the case may be;

(2) under clause (2) of the said articles, a notification issued under clause (1) cannot be varied by any subsequent notification except by law made by Parliament. In other words, Parliament alone is competent by law to include in or exclude a caste/tribe from the list of Scheduled Castes and Scheduled Tribes specified in notifications issued under clause (1) of the said articles. In including castes and tribes in Presidential Orders, the President is authorised to limit the notification to parts or groups within the caste or tribe depending on the educational