HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 37078 OF 2024

O R D E R:

Petitioner was appointed as a Craft Teacher in 1994 and is currently working under the 8^th Respondent School. He belongs to ST (Valmiki) community, obtained ST certificate in 1989 and was appointed based on merit. While so, an inquiry has been initiated by the 3rd Respondent - Commissioner and Director of School Education based on a complaint from an outsider. The Assistant Tribal Welfare Officer, Dammapeta was directed to conduct an inquiry into petitioner's social status, as it is alleged that he does not belong to ST community. According to petitioner, similar inquiry was conducted earlier in 2022 vide Proceedings dated 22-06-2022, during which, petitioner produced all the relevant documents and the case was closed confirming his social status as ST.

1.1 It is the case of petitioner, however, the 5^th respondent Collector, Bhadradri-Kothagudem again directed the 7th respondent Deputy Director, Tribal Welfare to conduct an inquiry on the same issue vide Proceedings dated 20-12-2024 and 04-12-2024, impugned in this Writ Petition. Petitioner contends that this action is contrary to Chapter XV of the Issue of Community, Nativity and Date of Birth Certificate Rules, 1997 vide G.O.MS. No. 58, dated 12-05-1997 and is violative of Articles 14, 16 and 21 of the Constitution of India.

1.2 Petitioner further contends that based on the aforementioned proceedings, the 8^th respondent school authority is attempting to take disciplinary action against him, which would cause irreparable loss and hardship. He reiterates that similar proceedings were initiated by the Deputy Director in 2022 and his caste certificate was found to be genuine. The current notice, issued after three years, proposing another inquiry on the same issue, is arbitrary.

2. Learned counsel for petitioner Sri S.M. Subhan submits that the social status certificate was issued to his client in 1989 by a competent authority, which was before the commencement of the Act 1997 and the certificate cannot be cancelled under any circumstances under Chapter XV. It is his argument that the Deputy Director is not the competent authority to initiate disciplinary proceedings or to order an inquiry to determine the genuineness of the social status of petitioner as he is neither the appointing authority nor the issuing authority. According to learned counsel, the impugned notices proposing to conduct an inquiry on the allegation of submitting a non-genuine social status certificate after more than 30 years of unblemished service is contrary to all cannons of law and is liable to be set aside.

2.1 Learned counsel submits that as per Rule XV of the aforementioned Rules, if a person is found guilty of obtaining a false community, nativity and date of birth certificate by a competent authority, they shall be dealt with as per the provisions under Sections 10 to 12 of the said Act. The employer does not have the power to initiate disciplinary proceedings unless and until the person is found guilty by a competent authority. It is contended that petitioner should not be penalized by way of disciplinary proceedings until the genuineness of his certificate has been decided by a competent authority.

3. This Court by order dated 28.01.2025, taking into consideration the judgment of the Hon’ble Apex Court in J. Chitra v. District Collector and Chairman, State Level Vigilance Committee, Tamilnadu (2021) 9 SCC 811, prima facie opined that there cannot be repeated enquiries in respect of the same subject issue since repeated enquiries for verification of caste certificates would be detrimental to the members of Scheduled Castes and Scheduled Tribes. Hence, granted interim stay of proceedings dated 20.12.2024 and

04.12.2024 for a period of four weeks which was later extended from time to time.

4. The 7^th Respondent had taken out I.A.No. 1 of 2025 to vacate the interim order. Along with the said Application, counter-affidavit was