O R D E R :

Petitioner impugns in this Writ Petition G.O.Ms.No.

37, Scheduled Castes Development (POA.A2) Department, dated 10.08.2018 issued by the 1st respondent – State of Telangana. Vide said G.O., the Appeal filed by petitioner against the order dated 31.12.2017 of the 2nd respondent – Collector & District Magistrate, Jayashankar Bhupalpally District whereby SC Madiga Caste Certificate dated 24.03.2017 issued by the 5th respondent Tahsildar in favour of petitioner was cancelled, was dismissed.

2. Brief facts which triggered petitioner to file this Writ Petition are as follows:

Petitioner was elected as Sarpanch of Chennapur Grampanchayat in the elections held in July, 2013 defeating the 3rd respondent. It appears, the 3rd respondent filed representation dated 19.01.2017 to the 2nd respondent stating that petitioner obtained SC Certificate from the 5th respondent fraudulently and sought cancellation thereof on the premise that he is a Christian. Based on the representation of the 3rd respondent, the 5th respondent filed report dated 16.02.2017 to the effect that petitioner obtained Baptism. The 2nd respondent had therefore, referred the matter to the 4th respondent – District Level Scrutiny Committee for inquiry and submit a report as per Rules 8 and 9 of Rules, 1997 issued in G.O.Ms.No.58, dated 12.05.1997. The 4th respondent, without issuing any notice nor serving the enquiry report submitted by the 5th respondent nor the representation of the 3rd respondent dated 19.01.2017, was asked to submit written statement. On the basis of the written statement, matter was again referred to the 5th respondent to cause enquiry and submit a report. The 5th respondent submitted another report dated 05.05.2017 stating that the signature appearing on the Baptism Certificate produced by the 3rd respondent was put to P.J.Abraham, Pastor. Sri P.J.Abraham has disputed the signature appearing on the certificate by stating that the said certificate was not given by him. Further, it is stated that petitioner obtained SC Madiga Certificate from the Computer Operator. Relying on the said reports, the 2nd respondent issued the proceedings dated 31.12.2017 cancelling the caste certificate of petitioner. According to petitioner, the order of the 2nd respondent is in violation of the principles of natural justice and is liable to be set-aside. He complains that Respondents 2 and 4 did not furnish copies of the complaint given by the 3rd respondent seeking cancellation of caste certificate and the reports given by the 5th respondent stating that he obtained Baptism during the enquiry. Respondents have caused enquiry behind his back and passed the impugned order cancelling his caste certificate, as such the impugned order is liable to be set-aside, contends petitioner.

It is brought to the notice of this Court that the Hon'ble Supreme Court, in similar circumstances, held that the caste of a person remains as it is even if he professes different religion. Therefore, questioning the order dated 31.12.2017 of the 2nd respondent, petitioner filed Appeal before the 1st respondent along with an Application to suspend the said order. Since no order was passed thereon, he filed Writ Petition No. 3905 of 2018, wherein this Court by order dated 07.03.2018 directed the 1st respondent to pass appropriate orders on the Appeal and till then, suspended the operation of the order dated 31.12.2017. The 1st respondent without appreciating the material on record came to the conclusion as if he admitted that he belongs to converted Christian and following Christian customs and traditions and also attending church offering prayers to church and dismissed the Appeal. The said order is illegal and violative of the principles of natural justice.

Petitioner contends that the 3rd respondent having lost in elections, developed grudge against him and got cancelled caste certificate. The respondents without conducting proper enquiry cancelled his caste certificate in violation of