APHC010568212013 Bench Sr.No:-8 IN THE HIGH COURT OF ANDHRA PRADESH [3552]

AT AMARAVATI WRIT APPEAL NO: 332 of 2013 G Durga Prasad, Ananthapur Dist ...Appellant Vs.

The Government of A.P., rep. by its Principal Secretary, ...Respondent(s)

Social Welfare (CV.I) Department and Others **********

Advocate for Appellant: Mr.J SUDHEER Advocate for Respondent: GP FOR SOCIAL WELFARE CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE CHALLA GUNARANJAN DATE : 6th January 2026 JUDGMENT: (per Hon’ble Sri Justice Challa Gunaranjan)

The present intra-Court appeal under Clause 15 of the Letters Patent Act is preferred assailing the order of the learned Single Judge passed in W.P.No.34573 of 2011, dated 03.01.2012. By aforesaid order, learned single Judge dismissed the writ petition, which otherwise was instituted challenging G.O.Ms.No.67 Social Welfare (CV.I) Department, dated 02.12.2011, issued by the 1^st respondent confirming the order of the 2^nd respondent in Rc.MC.3/1477/99, dated 07.10.2000, which in turn cancelled the caste certificate issued in favour of the appellant/writ petitioner.

2. Brief facts leading to filing of the writ petition were as follows: The appellant/writ petitioner belonging to Yadava by caste, stated to have been adopted by one Sri Hanumanthappa and Smt.Marekka, in the year 1982, who belong to the scheduled caste (Madiga) and that he was brought up by the said adopted parents. He stated to have studied up to SSC. He has participated in the selections advertised for the purpose of recruitment for the post of Police Constables and accordingly, got appointed as Police Constable under the scheduled caste quota, on the strength of the scheduled caste certificate, dated 09.02.1990, stated to have been issued by the Mandal Revenue Officer, Hindupur. Later, based on certain complaints received, the 2^nd respondent District Collector, by proceedings in Rc.MC:3/1477/99, dated 07.10.2000, cancelled the caste certificate by holding that he belongs to the backward class (Yadava) community. As against the said order, appellant preferred appeal under Rule 9(7) of the Andhra Pradesh State (SCs/STs/& BCs) Issue of Community, Nativity and Date of Birth Certificate Rules, 1997 (for short, “the 1997 Rules”), before the 1^st respondent, who by impugned G.O.Ms.No.67, dated 02.12.2011, dismissed the same confirming the order of the 2^nd respondent. Assailing the same, he preferred W.P.No.34573 of 2011. Even the said writ petition came to be dismissed by the learned single Judge, aggrieved by which, the present writ appeal is preferred.

3. Heard Mr.J.Sudheer, learned counsel for the appellant, and learned Government Pleader for Social Welfare appearing for the respondents.

4. Learned counsel for the appellant vehemently contended that both the primary authority, first appellate authority and as well as the learned single Judge erred in not considering the deed of adoption, dated 04.10.1982, by which the appellant had been given in adoption to Sri Hanumanthappa and Smt. Marekka, by virtue of which, the appellant acquired the status of the scheduled caste and that even the school records, in particular, SSC records disclose the factum of the appellant being recognized as the scheduled caste, hence, the findings culminating in the decision of cancelling the caste certificate clearly suffer from perversity.

5. Per contra, learned Government Pleader for Social Welfare appearing for the respondents supported the impugned orders in the writ petition as well as the order of the learned Single Judge.

6. We have given our anxious consideration to the submissions made above.

7. It is not in dispute that the appellant’s biological parents belong to Yadava/Golla caste, which figures under the backward class community. The appellant claimed that on account of demise of his biological parents, he was adopted by Sri Hanumanthappa and Smt.Marekka, who otherwise belong to the scheduled caste and to establish the said factum, he sought to rely on adoption deed, d