Customary adoption into a Scheduled Tribe community is valid and confers tribal status when supported by evidence of cultural assimilation, overriding arguments based on the technical inapplicability of the Hindu Adoptions and Maintenance Act and the absence of a registered adoption deed.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ, order direction especially one in the nature of writ of Mandamus directing the action of the 2nd respondent in cancelling Caste Certificate of the petitioner by his Proceedings R.Dis.No.C5/427/N/2002 dt. 20-10-05 as confirmed by the 1st respondent in G.O.Ms.No. 197 Social Welfare ( CV.2) Department dt. 1-11-2008 as illegal, arbitrary and against to the principles of natural justice

IA NO: 1 OF 2010(WPMP 28159 OF 2010

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the orders passed by the 2nd respondent in R.Dis.No.C5/427/N/2002 dt. 20-10-05 as confirmed by the 1st respondent in G.O.Ms.No. 197 Social Welfare ( CV.2) Department dt. 1-11-2008, pending disposal of the Writ petition

IA NO: 4 OF 2010(WPMP 115373 OF 2010

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased

Counsel for the Petitioner:

1.D KODANDARAMI REDDY

Counsel for the Respondent(S):

1.W V S RAJESWARI

2.GP FOR SOCIAL WELFARE

The Court made the following:

HON’BLE SRI JUSTICE NYAPATHY VIJAY

W.P.No.22107 of 2010

O R DE R:

The present writ petition is filed questioning the cancellation of Caste Certificate of the Petitioner vide proceedings R.Dis.No.C5/437/M/2002 dated 20.10.2005, as confirmed by Respondent No.1 in G.O.Ms.No.197, Social Welfare (CV.2) Department, dated 01.11.2008 as illegal and arbitrary.

2. The facts leading to filing of the writ petition are as follows:

The Biological parents of Petitioner Bazanthri Venkatesu and Bala Munemma were residents of Ukkusilavandla, H/o Kallurupalle village. When the Petitioner was aged about three (3) years, the biological parents gave the Petitioner in adoption to Bukke Venkata Naik @ Badde Naik and his wife Balamma of ‘Sugali Tribe’, which is notified as ‘Scheduled Tribe Community’. After adoption, the Petitioner had lived with his adopted parents in Sugali Thanda and is conversant with the customs and Sugali language. The Petitioner pursued graduation by studying in Scheduled Tribe Boys hostel. On the basis of the educational qualifications, the Petitioner was employed as Conductor in APSRTC.

3. While so, one Girijan Seva Sangam submitted a petition on 24.05.2002 to Respondent No.2-District Collector alleging that the Petitioner belongs to ‘Mangali’ caste (B.C. Community) and has secured a job as Conductor in APSRTC by claiming to be belonging to the Sugali Scheduled Tribe community. On the basis of the complaint, the District Level Committee, Cuddapah had conducted an enquiry and on the basis of the enquiry, Respondent No.2-the District Collector cancelled the caste certificate of the Petitioner vide impugned proceedings R.Dis.No.C5/437/M/2002 dated 20.10.2005. The same was confirmed by the State Government vide impugned G.O.Ms.No.197, Social Welfare (CV.2) Department, dated 01.11.2008. Hence, the present writ petition is filed.

4. In the counter affidavit filed by Respondent No.4, it is stated that though the Petitioner was given in adoption to tribal parents, the original status of the petitioner remains unchanged. It is further stated that the Petitioner had married a woman belonging to ‘Mangali’ community and the entries of his children in the school records were shown as ‘Mangali”. The plea of the Petitioner that he had suffered all the dis-advantages of ‘Sug