Undue cancellation of caste certificate requires adherence to procedural fairness; the burden of proof lies with authorities disputing caste claims.

ORDER:

This Writ Petition was filed seeking the following relief:

“to issue a Writ or order of direction more particularly one in the nature of Writ of Mandamus declaring the order of 1^st respondent in G.O.Ms.No.69, Social Welfare (CV.2) Department, dated 19.06.2009 confirming the order of 2^nd respondent in Roc.No.C5(M)/1268/2001, dated 15.09.2005 as highly illegal, arbitrary, unjust, void, contrary to Section 5 of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 and Rules 8 and 9 of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Issue of Community Nativity and Date of Birth Certificates Rules, 1997 and against the principles of natural justice and Articles 14 and 21 of the Constitution of India and pass such other order or orders …‟

2. Contents of the affidavit filed by Writ Petitioner, in brief, are that petitioner and his family members belonged to Konda Kapu caste, which is listed as Scheduled Tribe Community under the Presidential Order, 1950, and they are residents of Agency Tracks of the present East Godavari District from time immemorial; that throughout the educational career of petitioner, he was considered as a member belonged to Konda Kapu (Scheduled Tribe) community, except while he was studying B.Sc., Agriculture; that based on an inquiry, the Director of Tribal Welfare, Government of Andhra Pradesh, by Proceedings dated 08.09.2001, informed the Acharya N.G.Ranga Agricultural University that the petitioner does not belong to Konda Kapu community.

(b) That the petitioner filed Writ Petition No.2244 of 2001 challenging the Proceedings dated 08.09.2001 and the said Writ Petition was disposed of, by an Order dated 20.12.2002 giving liberty to 2^nd respondent to hold inquiry as to the social status of the petitioner; that thereafter, 2^nd respondent held inquiry accordingly referring the matter to the District Level Scrutiny Committee headed by 3^rd respondent, but the said Committee neither submitted report to 2^nd respondent nor 2^nd respondent issued any show-cause notice as required under Section 5 of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 (for brevity ‘the Act, 1993’) and Rules 8 and 9 of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Issue of Community Nativity and Date of Birth Certificates Rules, 1997 (for brevity ‘the Rules, 1997’) and without having regard of the same, 2^nd respondent straightaway passed orders in Roc.No.C5(M) 1268/01, dated 15.09.2005, cancelling the caste certificate of petitioner issued by various authorities.

(c) Challenging the order of 2^nd respondent, petitioner preferred appeal before 1^st respondent as contemplated under Section 7 of the Act, 1993, but 1^st respondent erroneously dismissed the appeal vide G.O.Ms.No.69, Social Welfare (CV.2) Department, dated 19.06.2009, confirming the order passed by 2^nd respondent. Though, the petitioner filed voluminous documentary evidence viz., Copy of Election Identity Card issued by the Election Authority, Identity Card issued by the Cooperative Society, Pattadar Pass Book issued by Revenue Authority in favour of petitioner’s father, Copy of D-Form Patta issued by Revenue Authority in favour of petitioner and other relevant documents, disclosing the petitioner’s caste as Konda Kapu, none of the respondents considered the same. Hence, the Writ Petition.

3. Respondent No.2 filed counter-affidavit, de