Andhra Pradesh High Court - Amravati
A.Guru Thejeswi vs The State Of Ap on 2 December, 2020
Author: U.Durga Prasad Rao
Bench: U.Durga Prasad Rao
THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO
WRIT PETITION NO.3575 OF 2020
ORDER:
This petition is filed under Article 226 of the Constitution of India seeking writ of Mandamus, declaring the action of the respondents in rejecting the case of the petitioners vide endorsements, dated CGC 011927131737, CGC 011927131689 and CGC 011927131156, dated 23.12.2019 for issuance of Caste Certificate of Perika Balija BC(B) though the petitioners belonging to the said community, without following procedure contemplated in G.O.Ms.No.58, dated 12.05.1997 and the procedure contemplated under The Andhra Pradesh Commission for Backward Classes Act, 1993 with Rules, 1993 and Regulations 1996 (for short Act, 1993), as illegal, arbitrary and for consequential direction to the respondents to issue Caste Certificates as sought for by the petitioners.
2. The petitioners' case succinctly is that the petitioners are the children of A.Gurrappa, who filed affidavit in this writ petition. They belong to Perika Balija community, which is notified as BC (B) category. The parents and ancestors of the petitioners hailed from Eguva Gubalavaripalli village, Gundlapalli Revenue village of erstwhile Bangarupalam taluka, now under Irala Revenue Mandal of Chittoor District. All of them belong to Perika Balija community. Their main occupation was preparation of gunny bags. The said community is included in Backward class "B" category at Sl.No.15 of BC (B) as per the recommendation of the Anantharaman Commission Report.
3. In the school records of A.Gurrappa, the father of the petitioners, it was mentioned that he belongs to Perika Balija community. Further, the then Tahsildar, Irala mandal issued to the 2 Gurrappa, Caste Certificate vide C.No.1628/88, dated 21.07.1988 certifying that Gurrappa belongs to Perika Balija BC(B) community. While getting admission for graduation course in SV Arts College, Tirupati, Gurrappa was directed to produce a fresh Nativity Certificate and at that instance also the Tahsildar, Irala mandal after conducting enquiry issued him Caste Certificate vide C.No.632/1993, dated 19.06.1993 certifying that he belongs to Perika Balija BC(B) community. At a later point of time, again the said Gurrappa obtained a certificate vide L.Dis.No.C/238/1997, dated 23.05.1997 wherein it was mentioned, he belongs to OBC category. At present, A.Gurrappa, the father of the petitioners is attending agriculture and also working as part time newspaper boy.
4. Be that as it may, the petitioners who are the two daughters and son of Gurrappa are studying in different classes. By virtue of the caste of their father the petitioners also belong to Perika Balija BC(B) community. The first petitioner is studying B.Tech., (Final year); 2nd petitioner is studying B.Tech., and the 3rd petitioner is studying Intermediate (1st year) and they secured admission in different institutions in open category without reference to communal reservation. For obtaining the communal reservation, the candidates must obtain Caste Certificate from the concerned Tahsildar of Mandal. Therefore, Gurrappa submitted an application to 5th respondent on 15.07.2019 for issuance of Caste Certificates to his children. When, there was no response from the 5th respondent, the petitioner filed a representation through Spandana Programme to the District Collector-cum-District Magistrate, Chittoor. The said representation was forwarded to the 5th respondent for taking necessary action. However, the 5th respondent rejected the same 3 without assigning any reason. Once again, Gurrappa approached the District Collector, Chittoor for issuance of the Caste Certificates. As several applications were pending with the 2nd respondent, the District Collector issued proceedings vide ROC.No.C3/5/2018, dated
-08-2019 addressing to all the Revenue Divisional Officers and Tahsildars in Chittoor District directing them to follow the guidelines of the Government for issuance of the Perika Balija (BC) Caste Certificate to the bonafide applicants residing in Chittoor District.
5. In the said proceedings, the District Collector, Chittoor directed the Revenue Divisional Officers to enquire into the matter and submit report. After receipt of the report the District Collector directed to conduct DLSC under the Chairmanship of Joint Collector, Chittoor. Inter alia, it is revealed as per the DLSC report that 45 inhabitants in Irala mandal belong to Perika Balija community are having surnames of 1) Singam Sety; 2) Suri Settee; 3) Tammi Settee; 4) Takke; 5) Karri;
6) Tirumala and 7) Dogali.
6. The 5th respondent got enquired the caste of the petitioners in Anupalli village of Ramachandrapuram mandal through the Revenue Inspector and Village Revenue Officer to whom, the villagers of Anupalli stated that the petitioners' family was migrated from Irala Mandal about 30 years back and they belong to Perika Balija community.
7. Thereafter, Gurrappa again applied for issuance of Caste Certificates through Mee seva on 15.11.2019 enclosing all relevant documents including the Caste Certificates issued to him from time to time. Without considering those documents, the 5th respondent rejected the said application vide endorsements, dated CGC 4 011927131737, CGC 011927131689 and CGC 011927131156, dated 23.12.2019 stating that "The applicant not submitted relevant evidence documents as per enquiry report of Village Revenue Officer and Revenue Inspector hence rejected." The 5th respondent has not conducted any enquiry and passed the order. Aggrieved, the present writ petition is filed.
8. Learned Government Pleader for Social Welfare filed an elaborate counter opposing the writ petition. It is contended that A.Gurrappa belongs to Balija caste (OC Community) and he does not belong to Perika Balija (BC(B) Community). The villagers of Anupalli during enquiry stated that they are not aware of the ancestors and traditional details of Gurrappa to confirm about his caste status.
9. It is further contended that the Caste Certificates already possessed by A.Gurrappa and his children were obtained depending on the original basic records like Birth and Death registers and other documents. Those certificates were obtained by getting the caste of Gurrappa entered as 'Perika Balija' into the school records fraudulently instead of 'Balija caste' (OC community). Hence, mere obtaining of such certificates will not enure to the benefit of Gurrappa and his children. The Tahsildar, Ramachandrapuram mandal has conducted an elaborate enquiry in terms of Anantharaman Commission Report and also as per the instructions communicated by the Director of Backward Classes, A.P. Welfare, Hyderabad through reference No.E1/7313/2007, dated 21.11.2007 and also customs and traditional occupation of the people belonging to Perika (Perika Balija) caste. The enquiry revealed that the customary formalities of Perika Balija caste were not known to A.Gurrappa and he never gave any information before the Tahsildar, 5 Ramachandrapuram mandal. As per the enquiry, the caste of the applicant A.Gurrappa is 'Balija' and therefore his children naturally belong to the same community. The petitioners therefore do not come under 'Perika Balija' caste. It is therefore prayed to dismiss the writ petition.
10. The petitioners filed reply to the counter denying the counter averments.
11. Heard Sri Ch.Srinvas, learned counsel appearing for the petitioners and the learned Government Pleader for Social Welfare appearing for the respondents.
12. During the course of enquiry both the counsel admitted that as per Section 5 of the Andhra Pradesh (SC, ST & BCs) Regulation of Issue of Community Certificates Act, 1993 and Rules, the District Collector is the authority and he may either suo motu or on a written complaint by any person, call for the record and enquire into the correctness of caste certificate any person and pass necessary orders in that regard.
13. Coming to the instant case, the petitioners and their father A.Gurrappa claim themselves to belong to 'Perika Balija' community, which is staunchly refuted by the respondents. Hence, if any enquiry has to be conducted to decide the caste of the petitioners as well as their father, it has to be within the framework of Act, 1993 and by the 2nd respondent.
14. In that view of the matter, this Court is of the considered opinion that it is to appropriate to refer the parties to the 2nd respondent to decide the caste of the petitioners and their father 6 A.Gurrappa and the genuinity of the certificates produced by them by conducting a regular enquiry in terms of Act, 1993 and rules framed there under. It is also considered that till such enquiry is conducted, the present status of the petitioners and their father A.Gurrappa as revealed in their respective certificates should be continued.
15. Accordingly, this writ petition is disposed of directing the 2nd respondent to get conduct a regular enquiry with regard to the actual caste of the petitioners and their father A.Gurrappa in accordance with provisions of the Andhra Pradesh (SC, ST & BCs) Regulation of Issue of Community Certificates Act, 1993 and rules framed there under by giving a fair opportunity to A.Gurrappa and the petitioners to participate in the enquiry and to submit their evidence both oral and documentary and then pass an order on merits and communicate the same to A.Gurrappa and the petitioners expeditiously. Till such exercise is completed, the caste status of A.Gurrappa as revealed in his educational and other certificates shall not be disturbed and so far as the petitioners are concerned, the concerned authority in terms of Rule 19 of A.P. SC, ST and Backward Classes - Issue of Community, Nativity and Ate of Birth Certificates Rules, 1997 shall issue to the petitioners provisional admission Certificates basing on the Caste Certificate of their father A.Gurrappa to enable them to get admission in the concerned Educational Institutions. It is made clear that the caste status of A.Gurrappa as well as the petitioners and the certificates issued as aforesaid are all subject to the result of the enquiry to be conducted by the 2nd respondent.
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16. With these observations, this writ petition is disposed of. No costs.
The miscellaneous petitions pending, if any, shall also stand closed.
__________________________________ JUSTICE U.DURGA PRASAD RAO Date: 02-12-2020 IS 8 THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO WRIT PETITION NO.3575 OF 2020 Dated: 02-12-2020 IS