( 1 ) THE petitioner is a Statewide Association. It is registered and established under the societies Registration Act, 1860 with the object of safeguarding the rights of the persons belonging to Scheduled Tribes and espouse their cause in regard to their employment. Complaining fraud and misrepresentation the association filed this writ petition praying for a writ of or in the nature of Mandamus, holding that the appointment of the first respondent herein to the post of District and Sessions Judge, is void, unconstitutional, and also for a prayer to set aside the same.

( 2 ) WHEN the writ petition was listed before this Full Bench on 27-3-2001, it was brought to our notice that the first respondent filed W. P. No. 18031 of 1999 questioning a show-cause notice dated 16-8-1999, issued by the Mandal Revenue Officer, parvathipuram (MRO), calling upon him to show cause as to why his application for issuance of Caste Certificate to his children and other family members as belonging to "konda Dhora", (Scheduled Tribe) should not be rejected for the reasons mentioned therein. In view of this, while ordering notice before admission in the present case, we directed the matter to be listed along with other writ petition. On 17-4-2001 both writ petitions were listed before us. We issued rule Nisi in the present writ petition. The learned Counsel for the first respondent, however, sought permission of the Court to withdraw W. P. No. 18031 of 1999 to enable his client to approach the revenue authorities by filing explanation to the show-cause notice. The said writ petition was accordingly dismissed as withdrawn. This writ petition was heard elaborately on six different days over a period of about wonder months. The learned Senior Counsel, who appeared on behalf of the petitioner and the first respondent, placed before us entire material in support of their respective contentions. The material documents include various sale deeds, executed by father and grandfather of first respondent, official documents, extracts of school admission registers, judgment of the Civil Court as well as the judgment passed by this Court. PLEADINGS:

( 3 ) IN the affidavit filed in support of the writ petition, the President of the petitioner- association, has made the following allegations: The petitioner-Association is espousing the cause of the members of the scheduled Tribes who are poor, illiterate and uninformed, by taking up issues relating to atrocities committed on them and fight with those who produce false Social Status certificates to obtain admission in educational institutions and public employment in State and Central government. The first respondent is holding the post of District and Sessions Judge under the A. P. State Higher Judicial Service. He obtained employment by producing false social Status Certificate as belonging to konda Dhora, a Scheduled Tribe, and enjoying the benefit of reservation provided for the STs under the Constitution. The tribals being poor are not in a position to fight with the first respondent, and therefore, the petitioner-Association, which is espousing their cause, has locus standi to file the writ petition.

( 4 ) THE first respondent was appointed as district and Sessions Judge in the year 1986 in a post reserved for STs. The family of first respondent hails from "sodaka" village, aska Sub-Division, Ganjam District, now in the State of Orissa. They migrated to Salur town in Vizianagarm District. They belong to Kshatriya caste. In several registered documents executed by the grandfather and father of the first respondent, they were described as belonging to Kshatriya. In school admission register, the caste of first respondent was described as Oriya kshatriya. The younger brother of first respondent was admitted in Pedakomatipeta municipal High School, and in the school admission register, his caste was described as Oriya Kshatriya. Till 1979, the first respondent described his caste as Kshatriya only