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M. GANGA RAO
C. Medhita – Appellant
Versus
State of Andhra Pradesh – Respondent
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
THE COMPETENT AUTHORITY MUST CONDUCT AN ENQUIRY BEFORE ISSUING OR REJECTING A COMMUNITY CERTIFICATE.
The failure to conduct a proper inquiry renders the rejection of a Community Certificate arbitrary and illegal, necessitating a reconsideration by the authorities.
The court emphasizes the necessity of proper inquiry into community claims, rejecting automatic disqualification based on maternal caste.
The court reaffirms the validity of community certificates for issuing new certificates when prior valid documents exist.
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