Andhra Pradesh High Court - Amravati
Thota Janakiram, vs The State Of Andhra Pradesh on 7 July, 2022
Author: K. Suresh Reddy
Bench: K. Suresh Reddy
THE HONOURABLE SRI JUSTICE K. SURESH REDDY
WRIT PETITION NO. 8525 of 2021
ORDER:-
The present writ petition is filed seeking Writ of Mandamus with the following reliefs:
1. Declare the Endorsement RCC.No.742/2018 dated 07.12.2018 issued by the 3rd respondent, as illegal, improper and contrary to the provisions of Act 16/1993;
2. Declare the action of the 3rd respondent in reporting to the police department through Sub-Inspector of Police, Atmakur vide RC.B.182/2020 dated 09.12.2020, declaring that the petitioner No.2 as Balija (OC) community, as illegal and without jurisdiction and contrary to the Act 16/1993.
3. Declare that the petitioners community certificates obtained prior or after Act 16/1993 are valid unless they are cancelled under the provisions of Act 16/1993 by the competent authority and after adherence to the procedure prescribed under the Statute and Rules;
4. And pass such other order or orders as this Hon'ble Court may deem fit and proper.
Heard Sri P. Gangaiah Naidu, learned Senior Counsel, appearing for the petitioners and the learned Government Pleader for Social Welfare. As the pleadings are completed, both the learned counsel request this court to dispose of the main writ petition itself.
Accordingly, the main writ petition itself is taken up for hearing. 2 First petitioner is working as Mandal Education Officer, Atmakur, Kurnool District, from 27.03.2017. The petitioners 2 and 3 are son and daughter of the 1st petitioner respectively. The 2nd petitioner is working as a probationary Sub Inspector of Police at Rayachoti, Kadapa District. The 3rd petitioner completed her B.Tech and she is unemployee. All the three petitioners are native of Atmakur town, Kurnool District. They belong to Perika-Balija community which is recognized as BC-B. The 1st petitioner obtained Caste Certificate on 30.06.1986 i.e., Prior to commencement of Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of issue of Community Certificates Act, 1993 (for short The Act) and also on 06.02.1996 from Mandal Revenue Officer, Atmakur and Mandal Revenue Officer, Gonegundla. It shows that 1st Petitioner belong to Perika-Balija Community. In the service record also, the caste of the 1st petitioner was entered as Perika-Balija Community. So far as petitioners 2 and 3 are concerned, in all their school certificates and Transfer Certificates, their caste was shown as "Perika-Balija" community. As the second petitioner was selected as Sub-Inspector of Police, Atmakur, a letter was addressed by the Inspector of Police, Atmakur to the 3rd respondent for verification of certificates of the 2nd petitioner. The 3rd respondent straight away sent a letter dated: 09.12.2020 to the Inspector of Police, Atmakur, stating that the 2nd petitioner did not belong to Perika-Balija community and he belongs to OC (Balija) community.
The petitioners also requested the 3rd respondent to issue fresh caste certificate on the basis of original caste certificate issued by the then Mandal Revenue Officer and the 3rd respondent without any 3 justification and without any authority sent an endorsement in RCC No.742/2018 dated 07.12.2018, stating that the petitioners did not belong to Perika Balija (BC-B) community and they belong to only OC (Balija) community.
All the petitioners in support of their claim, furnished various documents and also original caste certificates issued by the authorities prior to commencement of The Act.
Sri P. Gangaiah Naidu, learned Senior Counsel, states that the petitioners were already issued Community Certificates and as such, they are not requesting the 3rd respondent to issue caste certificate under Section-4 of the Act.
So far as cancellation of community certificate is concerned, the power is vested with the District Collector as per the provisions of Section-5 of the Act. Till today, no proceedings have been initiated by the District Collector as per the provisions of Section-5 of the Act. As per Rule-16 of The Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Issue of Community, Nativity and Date of Birth Certificates Rules, 1997 issued by the authorities shall be a permanent one.
As per Rule-21 of the said Rules, the community certificate issued by the competent authority prior to the commencement of Rules should be treated as a valid certificate. As such, the certificate issued by the authorities was not cancelled and in such circumstances the endorsement issued by the 3rd respondent is illegal and contrary to the provisions of the above Act and Rules.
On the other hand, the learned Government Pleader filed his counter and the same is silent with regard to any action that was 4 initiated under Section 5 of the Act. The learned Government Pleader also states that the present endorsement is not in accordance with Section-5 of the Act.
This Court pursued the entire material on record. As per Rule-16 of the Rules, the Community Certificate issued by the authorities shall be a permanent one and the certificate issued prior to the commencement of these rules should be treated as valid certificate.
As seen from the record and the averments made in the counter affidavit, the District Collector did not initiate any action either suo- motu or on a written complaint with regard to cancellation of Community Certificate issued to the petitioners.
In such circumstances, the writ petition is allowed by setting aside the endorsement made in RCC742/2018 dated 07.12.2018 by the 3rd respondent and also proceedings in letter Rc.B.182/2020, Dated: 09.12.2020. It is made clear that the community certificates obtained by the petitioners prior to the Act are valid one, unless they are cancelled by the concerned authority by following due process of law. There shall be no order as to costs.
As a sequel thereto, the miscellaneous petitions, if any, pending in this writ petition shall stand closed.
_____________________ K. SURESH REDDY, J Date: 08.07.2022 BSK 5 THE HONOURABLE SRI JUSTICE K. SURESH REDDY (closed) WRIT PETITION No. 8525 of 2021 08.07.2022 BSK