IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SRI JUSTICE P.SAM KOSHY AND THE HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO WP.Nos.29654 of 2013 and 41356 of 2014 Dt.06.02.2026 WP.No.29654 of 2013 Between:

P.Venkata Kumar …. Petitioner and The State of AP (presently State of Telangana)

and two others. …Respondents WP.No.41356 of 2014 Between:

Mohd. Murtuja Ali Ahmed …. Petitioner and The State of Telangana and five others.

…Respondents COMMON ORDER:(Per the Hon’ble Sri Justice Suddala Chalapathi Rao Since both the writ petitions arise out of the same cause of action between the same parties, and as the issues involved in both the writ petitions are interconnected and related to each other, both the matters are taken up together and are being disposed of by this common order. For the sake of convenience and to avoid repetition, the parties are referred to as arrayed in W.P. No.29654 of 2012, which is treated as the lead writ petition.

WP.No.29654 of 2013

2. This Writ Petition is filed to issue a writ or order or direction more particularly one in the nature of writ of mandamus by calling for records relating to and connected with G.O.Ms.No.18, Backward Classes Welfare (C) Department, dt.04.09.2013 issued by the 1st respondent and set aside the same and consequently to declare that the 3^rd respondent does not belong to Dudekula community and also with a further direction to the respondents to take appropriate steps against the 3rd respondent and the officials, who have issued the caste certificate to the 3^rd respondent.

WP.No.41356 of 2014

3. This Writ Petition is filed by the 3rd respondent in WP.No.29654 of 2013 challenging the order passed by the Andhra Pradesh Administrative Tribunal, Hyderabad(for short ‘the APAT’) in OA.No.2147 of 2012 dt.06.12.2014 as illegal, arbitrary, unjust and violative of principles of natural justice and consequently set aside the same by directing respondents No.1 and 2 to continue the petitioner in service as Assistant Motor Vehicle Inspector (AMVI) in Zone-V pursuant to his selection as such.

The brief facts of the case :

4. The Andhra Pradesh Public Service Commission(APPSC) by Notification No.45/2008, dt.30.12.2008 invited applications for appointment to the post of Assistant Motor Vehicle Inspector. Both the petitioner and the 3^rd respondent, belonging to Zone-V, both competed for selection under the BC-B(Dudekula) category. The 3^rd respondent was selected and appointed to the said post of AMVI under the category of BC-B (Dudekula) community certificate and has been discharging his duties as such.

5. The petitioner thereafter submitted a complaint to the District Collector-2nd respondent alleging that the 3rd respondent did not belong to Dudekula Community and had obtained the BC-B certificate by suppressing material facts and on false declarations before the Tahsildar, Jammikunta. It was alleged that the 3rd respondent actually belonged to Muslim community, which falls under the Open Category (OC), and that by misrepresentation, he secured BC-B Certificate and was appointed under BC-B quota, thereby depriving the petitioner, who was next in merit, of selection belonging to the very same community BC-B.

6. The District Collector, basing on the complaint, referred the matter to the District Level Scrutiny Committee headed by the Joint Collector, Karimnagar, and during the enquiry, the Tahsildar, Jammikunta, was directed to verify the claim and submit a report, and also the reports were also called from the Revenue Divisional Officer and thereby appropriate notices were issued to the 3^rd respondent, affording him an opportunity to produce documentary evidence in support of his claim to prove that he belongs to Dudekula community. Further, as the 3rd respondent failed to appear and did not produce any documents to the satisfaction of the authorities and solely basing on the material collected during the enquiry forwarded the report to the District Collector, Karimnagar, stating that