Administrative decisions must be reasoned and consider all relevant evidence, particularly in matters impacting individual's community status.

ORAL JUDGMENT

Dt:23.08.2022

(per D.V.S.S.Somayajulu, J)

This Writ appeal is filed questioning the order dated 17.10.2019 passed by the learned single Judge in W.P.No.17667 of 2004. By this order the Writ Petition was allowed and G.O.Ms.No.45 dated 26.05.2004, which was issued by the Government of Andhra Pradesh cancelling the Konda Kapu ST Certificate obtained by the petitioner, was quashed.

2) This Court has heard Sri T.N.M.Ranga Rao, learned Government Pleader for Social Welfare and Sri K.Satyanarayana Murthy, learned counsel for the 1 st respondent. Learned Government Pleader for Agriculture, who is arrayed as respondent No.3, in W.P.No.17667 of 2004, supported the case of the appellants.

3) The 1 st respondent has obtained a community certificate dated 23.06.1977 which certified that he belongs to the Konda Kapu (ST) community. This Certificate, dated 23.06.1977, was utilised by him for securing employment in the office of Director of Agriculture. Stating that he has obtained a false certificate a notice was served to him in 1989 seeking his explanation. Thereafter, enquiries were conducted and the District Collector cancelled his Community Certificate on 10.05.1989. Aggrieved by this, the 1 st respondent filed W.P.No.7105 of 1989 which was allowed on 12.06.2000. The impugned order dated 10.05.1989 was set aside and the matter was remanded back to the official respondent for fresh enquiry. Thereafter, another enquiry was conducted and District Level Scrutiny Committee which is formed under the Andhra Pradesh (SC, ST and BCs) Regulation of Issue of Community Certificates Act, 1993 and the Rules framed thereafter (Hereinafter called as ‘Act 16 of 1993’ and ‘1997 Rules’ for the sake of brevity), ultimately, cancelled the petitioner’s caste certificate vide proceedings dated 24.04.2002. The 1 st respondent preferred a statutory appeal before the Government. The Government after a hearing, upheld the orders of the Committee and issued the impugned G.O.Ms.No.45, dated 26.05.2004, cancelling the caste certificate.

4) Writ Petition No.17667 of 2004 was filed challenging the same. The Learned Single Judge after consideration of the case and the report of the Committee came to the conclusion that the 1 st respondent has made out a case and cancelled the impugned GO. The State is in appeal before this Court.

5) In the Writ Appeal the learned Government Pleader for Women and Social Welfare, Sri T.N.M. Ranga Rao, argued the matter at length and also submitted a memo with case law wherein the following judgments were cited:

i) V.V.Giri v D. Suri Dora and others , AIR 1959 SC 1318

ii) Principal, Guntur Medical College, Guntur v Y. Mohan Rao, (1976) 3 SCC 411

iii) Dharma Reddy v Sub-Collector, Bodhan , Nizamabad Dist., and Others, AIR 1987 AP 160

iv) Harpal Singh and Another v State of Himachal Pradesh , 1981 Crl.LJ 1

v) Union of India v S.M.Hussain Rasheed ,2003 LawSuit (AP) 853

vi) Bokkam Ramam v District Collector , Visakhapatnam District, Visakhapatnam, 2001 (6) ALD 691

vii) Bami Bewa v Krushna Chandra Swain @ Gochhayat and others, AIR 2004 Orissa 14

viii) B. Suseelamma v Collector and District Magistrate , Kurnool and Others, 2011 (5) ALT 443 (SB)

ix) Puppala Anjaneyulu v Government of A.P. and Others, 2011 (3) ALD 757

x) K.P. Manu v Chairman, Scrutiny Committee for Verification of Community Certificate, 2015 LawSuit (SC 178

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