ORDER:

This writ petition is filed to declare the endorsement vide R.C.B. 734/2019, dated 16.12.2019 issued by the 3rd respondent rejecting issuance of Scheduled Caste certificate to the petitioners 2 and 3, as illegal and arbitrary and contrary to G.O.Ms.No.371, Employment and Social Welfare (B2) Department, dated

13.04.1976.

2. The case of the petitioners is that father of 1st petitioner by name Punuru Venkata Reddy had intimacy with one Dr.Sujatha, who belongs to Scheduled Caste community and the 1st petitioner’s father during subsistence of his marriage with Dr.Sujatha, was blessed with a son, who is the 1st petitioner herein; 1st petitioner and his mother stayed back at his paternal grandfather’s house and he was brought up according to their caste and customs and he was issued Scheduled Caste certificate; the Government issued orders for extension of benefits available for Scheduled Castes, Scheduled Tribes and Backward Classes to the children of inter caste marriages; hence the 1st petitioner made an application for grant of Caste certificate to his children, who are petitioners 2 and 3 and the said application was rejected through endorsement dated 16.12.2019 stating that though the mother of the 1st petitioner belongs to Scheduled Caste community, the 1st petitioner had developed relations with the caste of his father and continuing his father’s surname and as such, it is not possible to issue caste certificate to the petitioners 2 and 3. Challenging the said endorsement, the present writ petition is filed.

3. Learned counsel for the petitioners submits that no notice was issued to the petitioners at the time of conducting enquiry and prior to issuance of endorsement dated 16.12.2019. An additional affidavit is also filed by the petitioners to the said effect. He also submits that the 3rd respondent did not give any opportunity to the petitioners to place their evidence on report of the Mandal Revenue Inspector and that the report of the Mandal Revenue Inspector is also not supplied to them.

4. Counter-affidavit is filed by the 3rd respondent-Tahsildar stating inter alia that the Mandal Revenue Inspector, Kavali-II, who enquired into the matter, has not recommended for issuance of Scheduled Caste certificate to petitioners 2 and 3 stating that the petitioners 2 and 3 grew up with the customs and traditions of father of 1st petitioner Mr. P.Venkata Reddy.

5. Learned counsel for the petitioners also relies upon the Judgment of Honourable Supreme Court in Rameshbhai Dabhai Naika vs. State of Gujarat and others1. However, the main contention of the learned counsel for the petitioners is that the procedure contemplated under Section 4 of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 (for short

6. Learned Government Pleader submits that the procedure contemplated under Section 4 of the Act would be followed.

1 2012 Law Suit (SC) 36

7. As it is the admitted case of the respondents that the said procedure contemplated under Section 4 of the Act is not followed and as there is no averment in the counter-affidavit that Section 4 of the Act has been followed, the impugned endorsement dated 16.12.2019 is set aside and the matter is remanded back to the appropriate authority for enquiring into the matter denovo in accordance with the procedure contemplated under Section 4 of the Act and pass appropriate orders.

8. Accordingly, the writ petition is allowed. There shall be no order as to costs.

Miscellaneous petitions, if any pending, in this writ petition, shall stand closed.

_________________________________ KONGARA VIJAYA LAKSHMI, J Date: 22.11.2021 ARR HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION NO.5251 of 2020 Date: 22.11.2021 ARR