IMPORTANT POINT
The central legal point established in the judgment is that the entitlement of Lingadhari Koyas to be treated as Scheduled Tribes is not restricted to specific districts within the State of Andhra Pradesh, and the power to exclude a tribe from the list of Scheduled Tribes in the Presidential order lies with Parliament alone.

JUDGMENT

ALOK ARADHE, CJ. - Mr. Andapalli Sanjeev Kumar, learned Special Government Pleader attached to the office of the learned Advocate General, for the appellants. Mr. Vedula Srinivas, learned senior counsel, representing Mrs. Vedula Chitralekha, learned counsel for the respondent No.1.

2. Heard on the question of admission.

3. This intra court appeal has been filed against the order dtd. 14/12/2022 in W.P.No.28234 of 2021 passed by a learned Single Judge of this Court by which the writ petition preferred by respondent (hereinafter referred to as 'the employee) has been allowed.

4. Facts giving rise to filing of this writ appeal, briefly stated, are that the respondent claims to be a member of Lingadhari Koya community and resident of Adilabad District. Caste certificate was issued to the father of the employee on 16/7/1982, whereas the same was issued to the mother of the employee on 8/12/2009. Caste certificate was issued to the employee in the year 1990 and also on 12/8/1992 and in the year 2001 as well by the Mandal Revenue Officer. In the educational certificates of the employee, the caste of the employee is mentioned as 'Lingadhari Koya, ST'.

5. The employee applied for the post of Assistant Inspector in Sericulture Department in the year 2002 and was appointed on 13/8/2001. The community certificate furnished by the employee was referred for verification. The employee thereupon appeared before the Director, Tribal Culture Research and Training Institute on 1/3/2002 and submitted documents in respect of his claim.

6. The aforesaid Director forwarded his report to the Commissioner of Tribal Welfare, who, in turn, forwarded the same to the Commissioner of Agriculture. The employee learnt about the report of the Commissioner of Tribal Welfare and challenged the same before the Andhra Pradesh Administrative Tribunal in O.A.No.532 of 2023. The Tribunal, by orders dtd. 22/11/2005, directed the respondents to take further action after determination of the matter by the District Level Scrutiny Committee. The Committee issued a notice to the employee.

7. The Commissioner of Tribal Welfare in the report dtd. 19/4/2007 held that Lingadhari Koyas residing in Adilabad District are not members belonging to Scheduled Tribes. The aforesaid report was questioned in W.P.No.22511 of 2007 by Lingadhari Koya Tribal Association of which the employee is a member. In the said writ petition, the report was set aside and a direction was issued to the respondent therein to continue to issue community certificates to Lingadhari Koyas of Adilabad District. The Revenue Divisional Officer, by an order dtd. 17/8/2011 held that the certificate issued to the employee is genuine. The Commissioner of Tribal Welfare directed the District Collector to hold an enquiry. The District Collector without holding re-enquiry issued a notice to the employee on 18/4/2014. The employee furnished his explanation on 28/4/2014. Thereafter, the District Collector, by order dtd. 31/5/2014, cancelled the community certificate. The employee filed an appeal. However, no orders were passed on the appeal preferred by the employee. The Commissioner of Agriculture, by proceedings dtd. 29/4/2016, cancelled the appointment of the employee. The employee challenged the aforesaid order in a writ petition which has been allowed by a learned Single Judge. In the aforesaid background, this appeal has been filed.

8. Learned Special Government Pleader has submitted that the District Collector had not taken note of the order passed in W.P.No.22511 of 2007 and, therefore, the appellants be granted the liberty to pass a fresh order by taking into account the aforesaid order.

9. On the other hand, learned Senior Counsel for the employee has submitted that there is no scope for remand, as the entitlement of the members of Lingadhari Koyas of Adilibad District has already been adjudicated in W.P.No.22511 of 2007.

10. We have considered the rival submissions made on both sides.

11. Admittedly,