Telangana High Court
The State Of A.P., Tribal Welfare Dept., ... vs Nakka Vijay Babu, Khm Dist. Ano on 26 October, 2022
Author: Abhinand Kumar Shavili
Bench: Abhinand Kumar Shavili
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HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
Writ Petition No.7536 of 2011
ORDER :(Per Hon'ble Justice Abhinand Kumar Shavili) Aggrieved by the order dated 03.11.2010 passed in O.A.No.135 of 2010 by the Andhra Pradesh Administrative Tribunal, Hyderabad, (for brevity, "the Tribunal") the present writ petition has been filed.
2. Heard the Learned Government Pleader for Services- II appearing for the petitioners.
3. It is the case of the petitioners that in pursuance of DSC-2002 Telangana Recruitment Notification, the 1st respondent has applied for the post of Hindi Pandit Grade-II from Scheduled area of Khammam District. However, the case of the 1st respondent was not considered on the ground that he could not produce the local Schedule Tribe certificate from the authority. Aggrieved by the same, the 1st respondent has approached the Tribunal, by filing O.A.No.135 of 2010 2 and without appreciating any of the contentions raised by the petitioners. The Tribunal vide order dated 03.11.2010 disposed of the said O.A. by directing the petitioners to give provisional appointment order in favour of the 1st respondent based upon the certificate issued by the Mandal Revenue Officer on 23.12.2000 and as long as the said certificate issued by the MRO is in force, it cannot be cancelled by the competent authority. The Certificate issued by the MRO has to be treated as valid in terms of Rule 19 of Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community, Nativity and Date of Birth Certificates Rules, 1997.
4. Learned Government Pleader appearing for the petitioners had contended that appropriate orders be passed in the writ petition by setting aside the order passed by the Tribunal.
5. Having considered the said submissions, this Court is of the view that the Mandal Revenue Officer, who is the 3 competent authority, has issued a certificate in favour of the respondent on 23.12.2000, and as long as the said certificate is in existence, the benefits in favour of the 1st respondent cannot be denied by the petitioners. Therefore, the Tribunal was justified in disposing of the O.A. by directing the petitioners to consider the case of the 1st respondent for appointment as Hindi Pandit Grade-II, while considering his case under scheduled area of Khammam District. Therefore, this Court is not inclined to interfere with the order passed by the Tribunal.
6. If the certificate issued by the competent authority is still valid, the petitioners are directed to consider the case of the 1st respondent for appointment. If the certificate issued by the competent authority is cancelled, the petitioners shall not give any appointment in favour of the 1st respondent. No costs.
7. With these observations, the writ petition is dismissed.
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8. As a sequel, miscellaneous applications pending if any in this Writ Petition, shall stand closed.
_______________________________________ JUSTICE ABHINAND KUMAR SHAVILI ____________________________________________ JUSTICE NAMAVARAPU RAJESHWAR RAO Date :26.10.2022 Prat 5 HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO Writ Petition No.7536 of 2011 Date :26.10.2022 Prat