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2025 Supreme(Online)(AP) 7902

HIGH COURT OF ANDHRA PRADESH
SUBBA REDDY, J
Sri Namarla Satyanarayana – Appellant
Versus
The State of Andhra Pradesh – Respondent
WP No: 16252 of 2025 | IA No.1 of 2025



Advocates:
For the Appellant: Sri Ashok Ram
For the Respondents: GP for Social Welfare

Proper analysis and considerations must be given to employment implications when cancelling caste certificates.

Headnote:(A) Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificate Act, 1993 - Caste certificate cancellation - Challenged the G.O.Ms.No.13 confirming cancellation of caste certificate by lower authorities - The petitioner's cancellation would risk his job. (Paras 1, 3, 5)

(B) Caste Certificate - Authority's discretion must be exercised judiciously, considering the implications on the individual's employment status. (Paras 2, 4)

Facts of the case:
The petitioner, a government employee, appeals against the cancellation of his caste certificate by the state, affecting his job security.

Findings of Court:
The order of cancellation was suspended pending further proceedings.

Issues: Whether the cancellation of the caste certificate was justified and in accordance with the applicable regulations.

Ratio Decidendi: The court emphasizes the necessity for proper consideration by both primary and appellate authorities, particularly with respect to employment consequences.

Result: The order of cancellation is suspended until the case is resolved.

Table of Content
1. petitioner seeks to challenge caste certificate cancellation. (Para 1 , 4)
2. cancellation of caste certificate affects employment. (Para 2)
3. proper authority consideration is mandatory. (Para 3)
4. court grants interim suspension on grounds of improper scrutiny. (Para 5 , 6)
5. court emphasizes just exercise of authority. (Para 7 , 8)

(RR 7 and 8 are I:mbitea'd6d Las per the court's order dt.o4.07.2025 in I.A.No.02 of 2025) -.

u.Respondent(s)

(Respondents' jn-do-)

Counsel for the petitioner :SRI ASHOK RAM V counsel for the Responden't, Nos`.1 to 5:GP FOR SOCIAL WELFARE r=. _ i +` + -L +,€>

petition under section. 15] of CPC is filed praying that I'n the circumstances stated I'n th6~oaffidavit fI'Ied in support of the petlltion, the High court may be pleased to stay £Lhe OPeratI|On Of the proceed]-ngs bearing Rc.No.2351/2015/C5 dated 25.06.2018 issued by the 2nd respondent;:{ confirmed vide G.O.Ms.No.1? ndated 26.06.2025 by the lSt respondent,~'' cancelling the petitI'Oner'S ST-Konda Dora caste certificate, pending disposal

6f WP No. 16252 of 2025:,-Ion the file of the Hl-gh Court.

The court while directih-g issru6 of notice to the Respondents herein to show cause as to why this appli-catI'On Should not be complied with, made the foIIowI'ng Order.(The recei'pt 6f the; -'order will be deemed to be the recel'pt of notice in the case). nI. . _ - `?.. > - .'._i':1 i `I _-..-.=.'}_.\ -._

`f i t I. \ \.`

ORDER:

Impugning the G.0.M`S.No.13 Department of Tribal Welfare (CV), dated 26.06.2025 issued by`.the let respondent, confirming the order ±passed by the 2"q`` respondent by proceedings NoI(M`)

:R.Dis.No.2351/2015/C5, dated, 25.06.2018 cancelling the caste certificate of the petitioner, the above writ Petition has been filed.

Heard Sri P.Veera Ready, learned Senior counsel, assisted by Sri V.Ashok Ram, learned counsel for the petitioner and smt.swapna priya, learned Assistant Govemment pleader for social welfare for respondents 1 to 5.

Learned senior counsel would contend that Ileither PrI-mary authority nor the appe®!'I`a1±`6L~authOrity COnSidered the case of the petitioner in a proper persbec~€i¥e. The petitioner is presently working aS Assistant Commissionei ®f customs. cancellation of caste certificate, ai this juncture, would resifelt; =!`in¢-the±petjtioner losing his job[

whether the ord6f; '`'a+(Ek:J'P.1) passed by the 2nd respondent confirmed by the lst :r6`SP-bind6nt vide Ex.P.2, is in accordance with|| Andhra Pradesh (Scheddied `Castes, Scheduled Tribes and Backward classes) Regulation of lssue^of-Community Certificate Act,1993 requires examination.

Given the facts and'cigrcumstances of the case, the G.O.Ms.No.13 Department of Tribal We-!faie (eV), dated 26.06.2025 (Ex.P.2) issued by the lSt respondent, confirhi!i-+jtti-the order passed by the 2nd respondenti by proceedings No.(M) R.Bisr=Nie:2351/2015/C5, dated 25IO6.2018 (Ex.P.1),I are hereby suspended. `Jl^ J :;`i+12{:

` .nil ./ `l sD/-P.VINOD KUMAR AS S ISTAasG [STRAR --IITFTuE COPYIl SECTION OFFICER For/I__

i I I, i..

I+'`-.

-~ .I L ..,.::~--.l``

The Principal s6crefary, `D`epartment of Tribal Welfare (CV), State of Andhra pradesh, secr6'ctariat, velagapudi, AmaravatI', Andhra pradesh.

(by special Messen-gel)

2. The Collector and District Magistrate, visakhapatnam District, Andhfa Pradesh. -

3. The Chairman and proj6cf'DI'reCtOr, District Level Scrutiny comml-ttee (DLSC), ITDA, Paderu, visakhapatnam DistrILct, Andhra pradesh.

4. The Sub Collector, pad6ru, vjsakhapatnam District, Andhra pradesh.

5. Tahsildar, chintapaIIi Vi.I!age, AIIuriSitharamaRaju District.

6. The The Commissioner-(AR), Customs, Excise and service Tax Appellate TribunaI`-b§5rith --zone' Bench, shastri Bhavan, 26 HaddowS Road, Chennai -6dOO*6-6.--''`;-

7. Namala Koteswara~"+-Ra-a, S/o Venkata Rao, Aged 49 years occ Employee, R/o D66+1+ No.34-2-04, RevulapaIII' Street, Gnanapuram;-

Visakhapatnam-536o'o4. i

8. Namala sanyasi Rao, S/o vehkata Rao, Aged 49 years, occ Employee, R/o Door No.34-2-04, R6vtilapaIIi Street

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