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Showing contexts for: Perika in C. Medhita vs The State Of Andhra Pradesh on 4 November, 2022Matching Fragments
The petitioner being minor represented by her father/natural guardian Sri C.Bhaskar has filed this writ petition, being aggrieved by the action of the 3rd respondent in issuing community certificate dated 26.11.2021 showing her community as "Balija-OC" instead of "Perika Balija-BC-B"
in the community certificate, as illegal, arbitrary, violative of Andhra Pradesh (Schedule Castes, Schedule Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 [for the short " the Act, 1993"] and for a consequential direction to the respondents to issue fresh community certificate to the petitioner by certifying that she belongs to "Perika Balija BC-B" community.
2. The case of the petitioner is that she applied for caste certificate in the month of November-2021 through the Grama-Ward Sachivalayam, Bhakrapet Village, Chinnagottigallu Mandal, claiming that she belongs to "Perika Balija-BC-B" community. The petitioner's family belongs to "Perika Balija BC-B" community which has been categorized as backward caste (BC-B) by the Government. The school records of Sri Sairam English & Telugu Medium U.P. School, Bhakarapet, Chittoor District as well as the transfer certificate issued by Narayana English Medium High School, Kalur Village, Tirupathi Rural, Chittoor District also indicates the caste of the petitioner as "Perika Balija-BC-B"
and the same was mentioned in the school records. The petitioner's paternal uncle also belongs to "Perika Balija-BC- B" and the Chittoor District Perika/Perike Balija Sangam also issued a letter stating that the petitioner is belonging to "Perika Balija-BC-B".
3. The 3rd respondent filed counter inter alia stating that the petitioner failed to produce the documents as required by the field staff and a local enquiry was made through the VRO and Revenue Inspector concerned and they recommended that the petitioner belongs to "Balija-OC"
9. But it is found that the 3rd respondent-Tahsildar has not conducted enquiry and only verified particulars of the petitioner from the field staff before issue the impugned community certificate.
10. It appears the 3rd respondent has not conducted any enquiry and merely basing on the recommendations of the field staff, though the petitioner submitted an application for issuance of caste certificate claiming her community as "Perika Balija BC-B" community, instead of issuing or rejecting the same, he issued community certificate to the petitioner as "Balija-OC" caste which is unwarranted. If the 3rd respondent is not satisfied with the evidence placed before him, he has to conduct a detailed enquiry and pass a reasoned order, rejecting the community certificate as claimed by the petitioner as "Perika Balija BC-B" and communicate the same to the petitioner. If a reasonable rejection order was passed, the petitioner would have an opportunity to challenge the same before the Appellate Authority. In the absence of the reasoned rejection order, petitioner could not avail the appellate remedy. The petitioner has approached this Court straight away by way of the present writ petition. She cannot be relegated to the Appellate Authority as she is also handicapped to raise valid grounds in the appeal. Therefore this Court, in the interest of justice, felt it appropriate to set aside the impugned Community Certificate dated 26.11.2021 issued to the petitioner as belonging to "Balija- OC" and the matter is remitted back to the 3rd respondent for reconsideration of her claim for issuance of community certificate of "Perika Balija BC-B" as per the provisions of the Act, 1993 and rules made there under and pass a reasonable order. This exercise shall be completed within a period of six weeks from the date of receipt of copy of this order. It is needless to say that petitioner shall cooperate with the 3rd respondent in the enquiry.