Andhra Pradesh High Court - Amravati
This Writ Petition Is Filed Assailing ... vs (Puragiri Kshatriya) Bc(B) As Illegal ... on 20 June, 2022
Author: M. Ganga Rao
Bench: M. Ganga Rao
HONOURABLE SRI JUSTICE M. GANGA RAO
Writ Petition No.4660 of 2022
ORDER:
This Writ Petition is filed assailing the impugned community certificate dated 29.10.2021 issued by the 5th respondent mentioning the caste of the petitioners as Balija (OC) instead of Perika Balija (Puragiri Kshatriya) BC(B) as illegal and arbitrary.
2. The grievance of the petitioners is that they applied for issuance of B.C (B) Certificate as they belong to Perika Balija (Puragiri Kshatriya), but the 5th respondent issued OC certificate mentioning the caste of the petitioners as Balija (O.C), without preceded by any enquiry and reasoned order.
3. Heard both sides.
4. Having considered the facts and circumstances, considering the submissions made and perused the record, this Court felt it appropriate to dispose of this writ petition directing the 3rd respondent to conduct a detailed enquiry as per the provisions of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 and the rules made there under within a period of eight weeks from the date of receipt of a copy of this order, by giving fair opportunity to the petitioners and the petitioners shall cooperate in the enquiry and submit their evidence 2 both oral and documentary. The 3rd respondent after passing a reasoned order, whether the petitioners' claim for issuance of Perika Balija (Puragiri Kshatriya) B.C(B) certificate is sustainable or not and issue appropriate community certificate to them. The action of the 5th respondent in unilaterally issuing Balija OC certificate to the petitioners without preceded by proper enquiry, which is not claimed by the petitioners' is illegal and arbitrary and in violation of the principles of natural justice. Accordingly, the impugned endorsement dated 29.10.2021 issued by the 5th respondent is aside. The Writ Petition is disposed of accordingly. No order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
__________________________ JUSTICE M. GANGA RAO Date:20.06.2022 CSR 3 HON'BLE SRI JUSTICE M. GANGA RAO W.P.No.4660 OF 2022 DT:20.06.2022 CSR