THE COMPETENT AUTHORITY MUST CONDUCT AN ENQUIRY BEFORE ISSUING OR REJECTING A COMMUNITY CERTIFICATE.

JUDGMENT

1. The petitioner being minor represented by her father/natural guardian Sri C.Bhaskar has filed this writ petition, being aggrieved by the action of the 3rd respondent in issuing community certificate dtd. 26/11/2021 showing her community as "Balija-OC" instead of "Perika Balija-BC-B" in the community certificate, as illegal, arbitrary, violative of Andhra Pradesh (Schedule Castes, Schedule Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 [for the short " the Act, 1993"] and for a consequential direction to the respondents to issue fresh community certificate to the petitioner by certifying that she belongs to "Perika Balija BC-B" community.

2. The case of the petitioner is that she applied for caste certificate in the month of November-2021 through the Grama-Ward Sachivalayam, Bhakrapet Village, Chinnagottigallu Mandal, claiming that she belongs to "Perika Balija-BC-B" community. The petitioner's family belongs to "Perika Balija BC-B" community which has been categorized as backward caste (BC-B) by the Government. The school records of Sri Sairam English & Telugu Medium U.P. School, Bhakarapet, Chittoor District as well as the transfer certificate issued by Narayana English Medium High School, Kalur Village, Tirupathi Rural, Chittoor District also indicates the caste of the petitioner as "Perika Balija-BC-B" and the same was mentioned in the school records. The petitioner's paternal uncle also belongs to "Perika Balija-BCB" and the Chittoor District Perika/Perike Balija Sangam also issued a letter stating that the petitioner is belonging to "Perika Balija-BC-B".

3. The 3rd respondent filed counter inter alia stating that the petitioner failed to produce the documents as required by the field staff and a local enquiry was made through the VRO and Revenue Inspector concerned and they recommended that the petitioner belongs to "Balija-OC" caste. The petitioner's father has been stated as "Balija-OC" caste in the society and has marital relationships in "Balija" community. Even though the petitioner and her family belongs to Bakarapet Village in Chinnagottigallu Mandal, they have not claimed as backward community previously and the petitioner has applied for caste certificate for the first time. Basing on the local enquiry as it was informed by the field staff that the petitioner belongs to "Balija- OC" caste, the petitioner was issued a "Balija-OC" community certificate.

4. The learned counsel for the petitioner submits that the petitioner has submitted an application for issuance of community certificate claiming that she belongs to "Perika Balija-BC" along with her school records, Transfer certificate and a certificate issued by the Chittoor District Perika/Perike Balija Sangam. The provisions of the Sec. -4 contemplates that the 3rd respondent being competent authority has to enquire into the said claim of the petitioner and follow the procedure for issuance of community certificate and if he intends to reject the application, he has to give reasons to the petitioner. But the 3rd respondent without conducting enquiry into the claim of the petitioner, the impugned community certificate was issued to the petitioner showing her caste is "Balija-OC" though she sought for issuance of BC-B certificate.

5. The learned Assistant Government Pleader for Social Welfare Department submits that if the petitioner is aggrieved by the community certificate issued on 26/11/2021 mentioning her caste as "Balija-OC", the petitioner shall prefer an appeal as per the provisions of Sec. -7 of the Act, 1993 before the concerned District Collector within a period of 30 days from the date of issuance of community certificate. Procedure prescribed under Sec. -4 of the Act, 1993 is duly followed. Hence, the contention of the petitioner could not be countenanced.

6. Having regard to the facts and circumstances of the case, submissions of the learned counsel and on perusal of the record this Court found that is