Andhra Pradesh High Court - Amravati
E Mallikarjun vs The State Of Ap Deleted on 6 November, 2025
Author: K Sreenivasa Reddy
Bench: K Sreenivasa Reddy
APHC010159892019
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3327]
(Special Original Jurisdiction)
THURSDAY, THE SIXTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
WRIT PETITION NO: 6925/2019
Between:
1. E MALLIKARJUN, S/O E. VENKATESWARULU, AGED 31
YEARS R/O MADINAGUDA VILLAGE, SHERLINGAMPALLI
MANDAL, RANGA REDDY DISTRICT, TELANGANA
STATE.
...PETITIONER
AND
1. THE STATE OF AP DELETED, REP. BY ITS PRL.
SECRETARY, SOCIAL WELFARE (CV.I) DEPARTMENT,
AMARAVATI AT VELAGAPUDI. R1 IS DELETED AS PER
THE COURT ORDER DT.10.07.2024 VIDE ORDERS
PASSED IN I.A.NO. 01 OF 2023.
2. THE COLLECTOR AND DISTRICT MAGISTRATE,
KURNOOL DISTRICT, KURNOOL, ANDHRA PRADESH
STATE. .
3. THE TAHGSILDAR, NANDYAL MANDAL, NANDYAL,
KURNOOL DISTRICT.
4. THE COMMANDANT, CENTRAL INDUSTRIAL SECURITY
FORCE UNIT, A.S.G. CHENNAI, TAMIL NADU STATE
...RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that
in the circumstances stated in the affidavit filed therewith, the High
Court may be pleased to issue a writ or order of direction more
particularly one in the nature of Writ of Mandamus declaring the
proceedings No. REV-CSECOMIS/7/2019-JA(C3)COLLKRNL. dated
05.03.2019 of the 2nd respondent as highly illegal, arbitrary, unjust,
irrational and violative of Principles of Natural Justice and contrary to
the provisions of the A.P. (Scheduled Castes, Scheduled Tribes and
Backward Classes) Regulation of Issue of Community Certificates Act,
1993 i.e., Act. No.16/1993 and the A.P. (Scheduled Castes, Scheduled
SRK, J
W.P.No.6925 of 2019
2
Tribes and Backward Classes) Issue of Community, Nativity and Date
of Birth Certificate Rules 1997 apart from being violative of Articles 14
and 21 of the Constitution of India and consequently, set aside the
same
IA NO: 1 OF 2019
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may
be pleased to stay all further proceedings pursuant to the proceedings
No. REV-CSECOMIS/7/2019-JA(C3)COLLKRNL. dated 05.03.2019 of
the 2nd respondent pending disposal of the above writ petition
IA NO: 1 OF 2023
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may
be pleased to delete the Petitioner/rt Respondent from the array of
Respondents from the above W.P. and pass
IA NO: 2 OF 2023
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may
be pleased to vacate the interim order passed in IA No. 1 of 2019 in WP
No. 6925 of 2019 dated 05-08-2019 in the interest of justice and pass
IA NO: 1 OF 2025
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may
be pleased to vacate the interim order dated: 05-08-2019 passed in
lA.No.1/2019 in WP.No.6925/2019 and dismiss the writ petition
No.6925/2019 and pass
Counsel for the Petitioner:
1. G CHANDRA SHAKHAR RAO
Counsel for the Respondent(S):
1. GP FOR SOCIAL WELFARE (AP)
2. J U M V PRASAD (CENTRAL GOVERNMENT COUNSEL)
The Court made the following:
SRK, J
W.P.No.6925 of 2019
3
ORDER
This Writ Petition was filed seeking the following relief:
"to issue a Writ or order of direction more particularly one in the nature of Writ of Mandamus declaring the Proceedings No.REV-CSECOMIS/7/2019-JA(C3) COLLKRNL. Dated 05.03.2019 of 2nd respondent, as highly illegal, arbitrary, unjust and irrational and violative of principles of natural justice and contrary to the provisions of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 i.e. Act No.16/1993 and the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Issue of Community, Nativity and Date of Birth Certificate Rules, 1997, apart from being violative of Articles 14 and 21 of the Constitution of India and consequently, set-aside the same and pass such other order or orders ...'
2. Contents of the affidavit filed by Writ Petitioner, in brief, are that the Writ Petitioner and his family members hail from Madinaguda village, Sherilingampally Mandal, Ranga Reddy District of Telangana State from times immemorial and they belong to Koya Community, which is a listed Scheduled Tribe Community under the Presidential Order; that in all the Caste Certificates issued by different competent authorities, social status of Writ Petitioner is mentioned as Koya Community, and that even after the Andhra Pradesh (Scheduled Castes, Scheduled Tribes SRK, J W.P.No.6925 of 2019 4 and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 i.e. Act No.16/1993 (for brevity 'the Act, 1993') came into force, the Writ Petitioner was issued permanent Caste Certificate.
(b) That the father of Writ Petitioner, who was employed in the Central Industrial Security Force (CISF), secured the job under the Scheduled Tribe quota; that in the Service Register of his father, his caste was entered as Koya (Scheduled Tribe Community); that the father of Writ Petitioner had been moving to various places due to his employment, and as such, the Writ Petitioner studied at different places, and in all such school records, his caste was mentioned that he belonged to Koya (Scheduled Tribe Community).
(c) The Writ Petitioner secured job as Constable in CISF and the CISF authorities referred the matter to 2nd respondent seeking clarification as to whether Koya caste exists in Nandyal Mandal of Kurnool District; that on coming to know the same, the Writ Petitioner made a Representation, dated 04.12.2017 to the Commandant, CISF Unit, Chennai Airport stating that basing on the certificates issued by the competent authorities in the erstwhile State of Andhra Pradesh, he was appointed as Constable in CISF and requested to accept the Caste Certificate, dated 28.04.2016 SRK, J W.P.No.6925 of 2019 5 issued by the Mandal Revenue Officer, Nandyala Mandal of Kurnool District.
(d) Respondent No.2, ignoring the fact that in the combined State of Andhra Pradesh, Koya Caste was recognized as Scheduled Tribe community, vide Letter No.REV- COMECOMIS/7/2019-IA(c3) COLL KRNL, dated 05.03.2019, informed 4th respondent that Koya Caste does not exist in Kurnool District and therefore, the Caste Certificate issued by the Tahsildar, Nandyal Mandal in favour of the Writ Petitioner, is not a genuine one; that basing on the impugned proceedings issued by 2nd respondent, 4th respondent issued Charge Memo, dated 23.04.2019 on the ground that Koya Caste is not recognized as Scheduled Tribe community in Andhra Pradesh.
(e) The Writ Petitioner's native State is Telangana State and all the Caste Certificates were issued by the Officials of the erstwhile Andhra Pradesh; that when the petitioner's employer referred the matter to the Revenue Department for the State of Telangana for verification of petitioner's social status, the Deputy Collector and Tahsildar, Serilingampally addressed a letter vide No.C/132/2018-03, dated 18.05.2018 stating that the Caste Certificate, dated 14.11.2017 issued to the Writ Petitioner is a genuine one. The Charge Memo issued by 4th respondent is SRK, J W.P.No.6925 of 2019 6 purely based upon the communication of 2nd respondent, hence, the impugned proceedings of 2nd respondent, dated 05.03.2019 is challenged in the Writ Petition.
3. At the stage of admission, this Court vide Order, dated 05.08.2019, granted interim stay of operation of impugned Proceedings vide No.REV-COMECOMIS/7/2019-IA(c3) COLL KRNL, dated 05.03.2019.
4. Respondent No.3 filed counter-affidavit along with vacate stay petition and contended that the Tahsildar, Nandyal Mandal reported that Koya Caste does not exist in Nandyal Mandal and basing on the said recommendation, the District Collector, Kurnool issued impugned proceedings to the Deputy Inspector of General, CISF Unit, ASG, Chennai stating that major Scheduled Tribes existing in Kurnool District are (i) Yanadi; (ii) Yerukula; (iii) Sugali and (iv) Chenchu, but Koya Caste is not existing in Kurnool District and the Caste Certificate issued earlier by the then Tahsildar, Nandyal Mandal in favour of petitioner, is not a genuine one. Hence, it is prayed to vacate the interim Order, dated 05.08.2019 and dismiss the Writ Petition.
5. Respondent No.4 filed separate counter-affidavit along with vacate stay petition and contended that the Writ Petitioner produced two Caste Certificates, out of which, one was SRK, J W.P.No.6925 of 2019 7 issued by the Tahsildar, Nandyal Mandal, Kurnool District on 22.09.1998 and the other one was obtained through online issued by the Tahsildar, Serilingampally Mandal, Ranga Reddy District, Telangana State, dated 14.11.2017; that basing on the reports submitted by 2nd and 3rd respondents about the genuineness of Writ Petitioner's Caste Certificates and as per the directions of the competent authority, a Departmental Inquiry was initiated against the Writ Petitioner and charge memorandum, dated 23.04.2019 was issued under Rule 36 of the CISF Rules, 2001, but in the meantime, without participating in the Departmental Inquiry, the Writ Petitioner approached this Court by filing the present Writ Petition. All the family members of Writ Petitioner and his predecessors belong to Budaga Jangam caste which comes under OC, and basing on the Caste Certificate obtained by the father of Writ Petitioner, the Writ Petitioner was also issued the same ST Caste Certificate by 3rd respondent, and on a detailed inquiry, it was stated by 2nd and 3rd respondents that the said Certificate is not a genuine; that unless the Departmental Inquiry proceeds, truth would not come out. Hence, it is prayed to vacate the interim stay order, dated 05.08.2019 and dismiss the Writ Petition.
SRK, J W.P.No.6925 of 2019 8
6. Pursuant to the counter-affidavit filed by 4th respondent, Writ Petitioner filed reply-affidavit and reiterated the contents that were averred in the Writ Petition.
7. Heard both sides. Perused the entire material available on record.
8. Learned counsel for the Writ Petitioner would contend that 2nd respondent failed to appreciate the fact that the father of Writ Petitioner also secured job in 4th respondent under the Scheduled Tribe category. He further submits that Koya Community exists in the State of Telangana, which is evident in the Caste Certificate issued by the Tahsildar, Serilingampally. He submits that in view of employment of his father, the petitioner studied at various places and hence, the Caste Certificate issued in favour of the petitioner is strictly as per the provisions of the Act, 1993. Therefore, the impugned proceedings issued by 2nd respondent are not sustainable and the same are liable to be set- aside.
9. Learned Government Pleader for Social Welfare representing respondent No.3 and learned Standing Counsel for CISF representing respondent No.4 would contend that the inquiry conducted by 2nd and 3rd respondents revealed that the Caste Certificate issued in favour of Writ Petitioner, is not genuine one SRK, J W.P.No.6925 of 2019 9 as Koya caste does exist in Kurnool, and unless the Departmental Inquiry is proceeded further, the real facts would not come into light and even, the Writ Petitioner would get an opportunity to prove his case.
10. A perusal of contentions and rival contentions of both parties goes to show that the Writ Petitioner secured job in CISF as Constable and 4th respondent referred the case of Writ Petitioner to 2nd and 3rd respondents seeking for clarification as to the genuineness of the Caste Certificates issued in favour of the Writ Petitioner. The material on record further discloses that 2nd respondent vide impugned Letter No.REV-COMECOMIS/ 7/2019- IA(c3) COLL KRNL, dated 05.03.2019 informed that Koya caste community does not exist in Kurnool District and therefore, the Caste Certificate issued by the Tahsildar, Nandyal Mandal is not a genuine one.
11. A perusal of material on record further goes to show that father of Writ Petitioner was employed in CISF and he secured job under the Scheduled Tribe Category. It is the contention of learned counsel for the Writ Petitioner that in the Service Register of the father of Writ Petitioner, it was mentioned that he belonged to Koya Scheduled Tribe Community. It is the contention of the Writ Petitioner that he pursued his education in SRK, J W.P.No.6925 of 2019 10 different places right from his primary education and in all the school records, his caste was mentioned that he belongs to Koya Scheduled Tribe community. Learned counsel further contends that since the father of Writ Petitioner belongs to Koya caste community, the Writ Petitioner, being his son, gets the same social status of his father. In support of his contention, he placed reliance on the proposition of law laid down in Syamala Rama Raju v. Government of Andhra Pradesh Social Welfare (CV.2) Department rep. by its Principal Secretary and others 1, wherein, it was held as under: (paragraph Nos.5 and 6) "5. ...However, it is admitted case that the father of the petitioner belongs to ST (Koya) community and his mother belongs to OC (Reddy) community. In the case of such inter-caste marriage, it is well established that the children get the social status of the father. Admittedly, the father of the petitioner worked at Rajahmundry Municipality under ST category and in all the school records the social status of the petitioner was shown as ST community only."
6. In the circumstances, instead of remanding the matter to the appellate authority, I hold that the petitioner belongs to ST (Koya) community based on the social status of his father. In view of the admitted case of the petitioner's father belonging to ST community, the other issue whether the petitioner was brought up in the surroundings of ST community is not being dealt with." 1 2015 (2) ALT 547.
SRK, J W.P.No.6925 of 2019 11
12. Apparently, a perusal of entire material on record goes to show that admittedly the Writ Petitioner belongs to Koya caste and he secured job as Constable in 4th respondent in the erstwhile combined State of Andhra Pradesh under Scheduled Tribe category on 16.06.2007 and has been working as such. Father of the Writ Petitioner was also employed in CISF and he also secured the job under Scheduled Tribe category. A perusal of Caste Certificate, dated 26.01.1984 issued by the Tahsildar, Nandyal in favour of father of the Writ Petitioner goes to show that one Eppe Venkateswarlu i.e. father of Writ Petitioner, belongs to Scheduled Tribe and his sub-caste is Koya. Above the seal, it was written that 'as per T.C.11318/84'. According to the Writ Petitioner, his family is native of Madinaguda village, Serilingampalli, Ranga Reddy District, which is currently in the State of Telangana and that in view of employment of his father, he pursued his education at different places and in all the school records, his caste was mentioned as Koya-Scheduled Tribe community.
13. The Writ Petitioner also filed the Caste Certificate, dated 22.09.1998 issued by the Mandal Revenue Officer, Saroornagar, Ranga Reddy District and the Community and Date of Birth Certificate issued by the Tahsildar, Serilingampally, dated 14.11.2017. A perusal of the said certificates goes to show that SRK, J W.P.No.6925 of 2019 12 the Writ Petitioner belonged to Koya-18 (ST) community, which is recognized as Scheduled Tribe. While so, the Deputy Collector and Tahsildar, Serilingampally Mandal, Ranga Reddy District was requested by 4th respondent, to verify the genuineness of community and date of birth certificate issued in favour of Writ Petitioner. Pursuant to the same, vide Letter No.C/132/2018-03, dated 18.05.2018 it was informed that the Caste Certificate, dated 14.11.2017 issued in favour of Writ Petitioner is found genuine. Indeed, a perusal of Discharge Certificate issued in favour of father of Writ Petitioner, goes to show that as against the column as to whether he belonged to SC/ST/OBC, it was mentioned as 'Scheduled Tribe'.
14. Vide Rc.(C6)/794/M/18, dated 25.10.2018, addressed to the Revenue Divisional Officer, Nandyal, the Collector and District Magistrate, Kurnool requested to inquire into the matter and send a detailed report. Accordingly, the Tahsildar, Nandyal Mandal, on the instructions of the Revenue Divisional Officer, Nandyal, conducted inquiry and vide Rc.No.792/2018, dated 31.01.2019 opined that the Caste Certificate issued by the then Tahsildar, Nandyal Mandal, might have been based on the Caste Certificate issued by older days Mandal Revenue Officer or on the Transfer Certificate issued by the Head Master, Municipal High SRK, J W.P.No.6925 of 2019 13 School, Nandyal. The Report of Tahsildar, Nandyal Mandal would further disclose that Koya caste is not existing in Nandyal Mandal and vide Office Letter, dated 24.10.2017, it was unequivocally declared that Koya Caste people does not live in Kurnool District and as per Annexure-I specified in Girijana Samskruthi published by the Tribal Culture Research and Training Institute, Tribal Welfare Department, Government of Andhra Pradesh, Hyderabad, the major tribals exist in Kurnool District are Yanadi, Yerukula, Sugali and Chenchu only. The Revenue Divisional Officer, Nandyal, vide Rc.H.65/2019, dated 01.02.2019, informed the inquiry made by the Tahsildar, Nandyal Mandal and opinion furnished by him, to the Collector and District Magistrate, Kurnool and basing on which, 2nd respondent issued impugned proceedings, concluding that Koya caste does not exist in Nandyal Division. It is pertinent to mention here that vide L.Dis.D.913/2016, dated 08.06.2017, the Tahsildar, Nandyal Mandal stated that the ST-Koya Caste Certificate issued by the then Mandal Revenue Officer, Nandyal Mandal, in favour of Writ Petitioner, is not genuine.
15. When the Caste Certificate, dated 14.11.2017 was sent to the Deputy Collector and Tahsildar, Serilingampally Mandal of Ranga Reddy District, for verification of its SRK, J W.P.No.6925 of 2019 14 genuineness, it was certified that the said certificate is genuine. The only ground on which 2nd respondent issued the impugned proceedings stating that the Caste Certificate issued in favour of Writ Petitioner is not genuine one, is Koya caste people are not living in Kurnool District. Indeed, the Report of the Revision Divisional Officer, Nandyal discloses only to the extent that Koya caste people are not living in Kurnool District. Merely because Koya caste people are not residing in Kurnool, it cannot be said that the Caste Certificate issued in favour of Writ Petitioner is not a genuine one. Without there being any proper inquiry or acceptable material, only relying on the inquiry report of the Revenue Divisional Officer, Nandyal, 2nd respondent came to a conclusion that the Caste Certificate issued in favour of Writ Petitioner is not a genuine one. Indeed, father of Writ Petitioner, who served in 4th respondent, had also secured the job under the Koya (Scheduled Tribe community) and in the Discharge Certificate, dated 01.04.2012, it was also mentioned that he belonged to Scheduled Tribe community. As held in Syamala Rama Raju case (1 supra) it is well-established that children get the social status of the father. When such is the case, Writ Petitioner being his son, would get the same social status of his father. Merely because people of a particular caste does not SRK, J W.P.No.6925 of 2019 15 reside in a particular district, it is not a ground to hold that the caste certificate issued by another Tahsildar is not a genuine one. In view of the facts and circumstances, the impugned proceedings issued by 2nd respondent are liable to be set-aside.
16. Accordingly, the Writ Petition is allowed, setting-aside the Proceedings No.REV-COMECOMIS/7/2019-JA(C3)COLL KRNL, dated 05.03.2019 issued by 2nd respondent.
There shall be no order as to costs.
As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed.
________________________ JUSTICE K. SREENIVASA REDDY 6th November, 2025.
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