IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. MANMADHA RAO, J.
Ms. B. Santha Kumari, D/o. Kesalu - Petitioner
Versus
The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of School Education, Secretariat & Ors. - Respondents
Writ Petition No. 167 of 2021
Decided On : 18-10-2024
Caste - Appointment - Article 226 - The court discussed the provisions related to caste certificates and their validity, emphasizing the importance of genuine documentation in public service appointments, which influenced the decision to direct the respondents to consider the petitioner's claim for appointment.
Fact of the Case:
The petitioner sought appointment as a language pandit under the BC-B women category, claiming that the appointments of the 5th and 6th respondents were based on bogus caste certificates. The petitioner had secured a rank in the selection process but was not appointed due to these fraudulent claims.
Issues: Whether the petitioner is entitled to appointment as a language pandit in light of the cancellation of the caste certificates of the other respondents and the existing vacancy.
Ratio Decidendi: The court held that the petitioner, having secured a valid rank and with the cancellation of the other respondents' caste certificates, should be considered for the appointment against the existing vacancy.
Result: The writ petition is disposed of with a direction to consider the petitioner's case for appointment within three months.
ORDER :
K. Manmadha Rao, J.
This writ petition is filed under Article 226 of Constitution of India for the following relief :
2. Brief facts of the case are that the 2nd Respondent issued the Notification for the recruitment of Teachers in the year 2008, therein Prakasam District, Telugu language Pandits were allotted 250 posts, therein 9 posts reserved for the BC-(B) Women category. The Petitioner claimed BC-B Women category and she appeared for the post of language pandit (Telugu) bearing Hall Ticket No.08301000608. Thereafter, the results were declared and the Petitioner secured 49.50 Marks with Rank No.469. The 6th Respondent and her relative Smt. Bellamkonda Mohini Devi as well as the 5th Respondent got appointment under the BC-(B) Women Category by submitting Bogus caste certificate to the Respondents 1 to 4. Thereafter, Petitioner submitted several representations to the Respondents 1 to 4 with a request to take necessary action against the appointment of Respondents 5 and 6 as well as the relative of 6th Respondent by name Smt. Bellamkonda Mohini Devi under the BC-(B) Women category with regard to the Telugu language Pandits, but no action had taken. Thereafter, the Petitioner approached the Hon'ble Andhra Pradesh Administrative Tribunal at Hyderabad by way of filling ?.?.??.5332/2014 with a request to cancel the appointment of Respondents 5 and 6 and the relative of 6th Respondent Smt. Bellamkonda Mohini Devi as well as another person by name Smt. Kadali Sujatha, subsequently to appoint the Petitioner in the post of language Pandit (Telugu) under BC-(B) Women Category. In the said O.A., the Tribunal has granted interim direction, directing the Respondents 1 to 4 to take necessary steps on the Representation of the Petitioner and to submit a report to be prepared in the enquiry. Later, the said O.A.No.5223/2014 was disposed of vide order dated 08.03.2017 with a direction to the Hon'ble Joint Collector and the Chairman of District Level Screening Committee, Prakasam District to conduct enquiry into the genuineness of the caste certificates of the above said persons i.e., Unofficial Respondents within a period of two months from the date of receipt of copy of the order. Based on the said enquiry report, the 3rd Respondent was directed to take action on the enquiry report within one month thereafter. As the respondents have not taken any action, the petitioner preferred C.A.??.395/2017 in O.A.No.5223/2014 on the file Hon'ble Tribunal for implementation of the Orders passed in ?.?.??.5223/2014 dated 08.03.2017. While pending the said C.A.No.395/2017 in O.A.No.5223/2014, the District Level Screening Committee with regard to the Caste Certificate of the 5th Respondent was cancelled vide proceedings D.Dis.No.C4/99/2016 dated 19.08.2018, Subsequently, questioning the same, she filed Appeal before the Government Backward of Andhra Pradesh, Classes Welfare(F) Department, but the Appellate Authority declined to grant the suspension of the District Level Screening Committee, pending Appeal, on the said reason, the 5th Respondent filed WP.No.44509/2018 on the file of this Hon'ble Court. This Court vide order dated 10.12.2018 has disposed of the said writ petition with a direction to dispose of the appeal within a period of four months from the date of receipt of copy of the order. Further held, till the said exercise attains finalit
The court established that genuine caste certificates are essential for public service appointments, and fraudulent claims undermine the integrity of the selection process.
The court established that compliance with tribunal orders and merit-based selection are fundamental to uphold constitutional rights in public service appointments.
The court affirmed that eligibility criteria for reserved positions must be strictly adhered to, ruling against the appointment of an ineligible candidate.
Administrative inaction in issuing caste certificates cannot disadvantage meritorious candidates; courts may direct appointments or create supernumerary posts to ensure fairness.
The use of fraudulent documentation for securing employment constitutes grave misconduct, warranting dismissal rather than mere discharge.
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