APHC010722122022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3460]

(Special Original Jurisdiction)

FRIDAY,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 42618/2022 Between:

Vennela Gangabhavani ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. THOTA S V L NARASIMHASWAMY Counsel for the Respondent(S):

1. GP FOR REVENUE

2. GP FOR SOCIAL WELFARE The Court made the following:

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.42618 of 2022

O R DE R:

1. The Writ Petition is filed questioning the endorsement in RC.No.244/2022/SA, Dated 02.12.2022 rejecting the request of the Petitioner for issuance of Integrated Community Certificate in favour of the Petitioner as “Kondakapu of Scheduled Tribe Community’ as illegal and arbitrary.

2. The Petitioner claims to belong to the ‘Kondakapu Community,’ which is a Scheduled Tribe. As the Petitioner was selected and appointed to the post of A.P. Mahila Police vide Rc.No.2974/DSC- 2019, dated /2019, issued by the Respondent No.2 under the quota meant for Scheduled Tribes, she submitted an application for issuance of the Integrated Community Certificate. It is stated that the paternal grandfather of the Petitioner, namely Vennela Pydithalli, was issued Community Certificate by the Respondent No. 3 on 05.09.2005, as he belongs to ‘Kondakapu,’ and prior to that, the father of Vennela Pydithalli was also issued a Community Certificate on 28.07.1986, certifying that he belongs to ‘Kondakapu.’ As the Petitioner requires to produce the Community Certificate to substantiate her appointment in the quota meant for scheduled tribes, the Petitioner had submitted an application for issuance of Community Certificate. The same was returned by the Tahsildar with an endorsement that the Community Certificate of the grandfather of the Petitioner, namely Vennela Pydithalli, was cancelled vide Proceedings dated 06.04.2021 as per the conclusion of the Tribal Cultural Research and Training Institute, Hyderabad (for short ‘T.C.R & T.I’), as well as the District Level Scrutiny Committee and Project Officer ITDA, Paderu, holding that the Petitioner and her family members belong to the ‘Kapu’ but not the ‘Kondakapu’ community. Questioning the same, the present Writ Petition is filed.

3. In the Counter Affidavit filed by the Respondent No. 3, it is stated that a representation was received from the Scheduled Tribe Community of Paderu questioning the issuance of ST Community Certificates in favour of 68 individuals, who belong to ‘Kapu’ but not ‘Kondakapu.’ On receipt of the representation, the Project Officer, ITDA, Paderu, had submitted a report to the State Government in the year 2005 and requested the Director, Tribal Cultural Research and Training Institute (TCR&TI), Hyderabad, to conduct an inquiry on the allegations against the issuance of ST Kondakapu Community Certificates to 68 individuals in the Araku, Dumbriguda, and Koyyuru Mandals of the Paderu Division of the Erstwhile Visakhapatnam District. Accordingly, TCR & TI has constituted an inquiry team and conducted a detailed enquiry as per the social-cultural-economic and religious practices followed by the family members and relatives of 68 applicants and submitted a report to the District Collector, Visakhapatnam, stating that the individuals do not belong to the ‘ST Community,’ and thereafter, the Community Certificates were cancelled in their favour after complying with the principle of natural justice. Accordingly, the Community Certificate issued in the name of the paternal grandfather of the Petitioner, ‘Vennela Pydithalli,’ was also cancelled, and the same was published in the District Gazette of erstwhile Visakhapatnam vide Issue No. 60/2021, dated 16.04.2021. It is further stated that questioning the cancellation of the Community Certificates, appeals were filed before the State Government under Section 7 of the Andhra Pradesh (Sch