Caste certificate cancellation requires adherence to natural justice, including the right to a hearing, as established in the Scheduled Caste, Scheduled Tribes and Backward Classes Regulation of Issue of Community Certificates Act.

ORDER :

Surepalli Nanda, J.

Heard Sri S. Laxma Reddy, learned Senior Designated Counsel representing, Sri Allika Suresh, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Social Welfare, appearing on behalf of respondent No.1, learned Government Pleader for Revenue, appearing on behalf of the respondent Nos.2 and 3 and Sri K. Aravind Kumar, learned Standing Counsel appearing on behalf of respondent No.4.

2. The petitioner approached the Court seeking prayer as under:

“...to issue a writ of Mandamus, or any other appropriate writ, order or direction, declaring the impugned proceedings in Rc.No.D3-4674/00 dated 16.03.2006 as well as the proceedings in Rc.No.B8 7856/89 dated 26.12.1995 said to have been issued by the 2^nd respondent behind back of the petitioner as totally illegal, without jurisdiction and violation of Articles 14, 16 and 21 of Constitution of India and in violation of the basic principles of natural justice and consequently set aside the same with all consequential reliefs and pass such other order or orders as the Court may deem fit and proper in the circumstances of the case. ”

3. The brief facts of the case are that the petitioner’s grandfather hails from Bhadrachalam and belongs to “Valmiki Community”. The petitioner’s father secured employment in the railways and was transferred from place to place and finally retired in Khandwa. The petitioner’s father belongs to Scheduled Tribe caste “Valmiki”. The respondent No.2 after due verification issued ST Caste Certificate to the petitioner dated 19.07.1985 and petitioner was appointed as Trains Clerk on 23.04.1988. Before the petitioner was appointed in railways, the petitioner applied to the post of Probationary Officer in Andhra Bank against the reserved S.T category. Thereafter, on the complaint made by the Divisional Secretary, AISCSTREA, Hyderabad, Respondent No.4 issued notice to the petitioner to produce the original Caste Certificate. Subsequently, termination notice dated 01.08.2006 was issued by respondent No.4 stating that the petitioner caste certificate issued by respondent No.3 was cancelled by the Joint Collector vide proceedings dated 26.12.1995 and the same was communicated to the railways vide letter of District Joint Collector dated 16.03.2006. Aggrieved by the same, the petitioner filed the present writ petition.

PERUSED THE RECORD :-

4. Paragraph No.3 of the counter affidavit filed on behalf of the respondents is extracted hereunder:

“I submit that the W.P.No.16659 of 2006 does not disclose any valid cause of action and the writ petition including the relief sought is misconceived, baseless, and incorrect. The Petitioner is misrepresenting the factual position with regard to his appointment as Train Clerk on 23-04-1988 against the post reserved to the schedule tribe. The Petitioner was further promoted as Goods Guard in the year 1992 and as Passenger Guard in the year 1998 and continuing as such under the reserved category. The caste certificate as schedule tribe was subject matter of investigation under the provisions of A.P (SC, ST & BCs) Regulation of Issue of Community Certificates' Act, 1993. The District Collector, Khammam vide Proceeding R.C.No.88/7856/89 dtd 26-12-1995 has cancelled the caste certificate issued by Mandal Revenue Officer, Badrachalam vide R.is.No.C/577/85 dtd. 19-07-1985 with due opportunity to the petitioner and published the same in the District Gazette on 02-03-2000. The Petitioner has not availed the opportunity to adduce evidence and substantiate the claim and file an appeal within the stipulated time as provided under the Act. The said cancellation having become final and appeal ha