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7. All these petitioners are members of one family. They claim that they belong to Wanjari community. As per the counter of the first respondent, it is recognised as one of the backward classes in the State of Andhra Pradesh. Yet, they befooled the concerned authorities posing themselves as Sugalis/ Lambadis on the ground that Wanjara community to which they belong to, is synonymous to Sugali/Lambadi community as indicated in the instructions issued by the Government of Andhra Pradesh through G.O.Ms. No. 245, dated 30-6-1977 and Annexure thereto. It is their claim that the Government of Andhra Pradesh, by the said G.O. Ms. No. 245, has recognised Wanjara Community as Scheduled Tribe which is synonymous to Sungali/Lambadi community and therefore, they are entitled to obtain Scheduled Tribe certificates.

8. As stated earlier, Sugali/Lambadi community is one of the communities listed in the Presidential notification issued in this behalf under Article 342 of the Constitution of India. The reason for the petitioners to claim that they belong to Wanjari community and as such they are entitled to be treated as Scheduled Tribe members is that in the Annexure to G.O.Ms. No. 245, issued by the Government of Andhra Pradesh, which is in the nature of guidelines, it is indicated that Wanjari community is a synonym to Sungali/Lambadi community. It is in this background, petitioners claim that they are entitled to be treated as Sungali/Lambadi community which is recognised as a Scheduled Tribe community in Andhra Pradesh State.

10. The first respondent through proceedings dated 17-10-1989 cancelled the social status certificates issued to the first petitioner who is working as UDC in the second respondent-office and other members of his family on a complaint being received by him that these petitioners have obtained caste certificates by misrepresenting the then Tahsildar, Medchal Taluq, Ranga Reddy District that they belong to Sugali/Lambadi community, though they belong to Wanjari community, which according to them is a synonym of Sugali/Lambadi community. The first respondent while issuing the order dated 17-10-1989 has issued summons to the first petitioner calling for his explanation as to why the Social Status certificate issued to him by the Tahasildar, Medchal shall not be cancelled. This step has been taken by the first respondent on the basis of a subsequent G.O.Ms. No. 44, dated 23-2-1979 issued by the Government of Andhra Pradesh. Through the said G.O.Ms. No. 44, the confusion caused on account of the guidelines issued by the Government through G.O.Ms. No. 245 is clarified by withdrawing the word 'Wanjari' appearing in the Appendix to the G.O.Ms. No. 245. The said G.O.Ms. No. 44 is issued pursuant to the efforts made by the Director Tribal Welfare, through proceedings dated 19-12-1978 wherein the Director of Tribal Welfare has brought to the notice of the Government that the word 'Wanjari' in the Annexure issued along with G.O.Ms. No. 245 whereby certain guidelines were issued to such of those officers concerned with the issuance of social status certificates has caused lot of confusion and has in effect assisted the non-tribals to obtain bogus certificates in their favour on the basis of their community name having appeared in the Annexure to the G.O.Ms. No. 245. The Director, Tribal Welfare has also brought to the notice of the Government after elaborate enquiry that Wanjari community is not a synonym to Sugali/Lambadi and as such Wanjari community can never be treated as Scheduled Tribe. He further indicated that Sugali/Lambadi community is a distinct community by itself and has distinct language, culture and tradition. The Sugali/Lambadi community is spread through the State of Andhra Pradesh except in the district of Srikakulam, Visakhapatnam Vizianagaram and East Godavari. The Director of Tribal Welfare has further brought to the notice of the Government that the people of this community who are residents of Andhra and Rayalaseema areas are popularly known as Sugalis, and their brethren who are residents of Telangana areas are known as Lambadis.

28. Petitioners have sought a writ of certiorari quashing the proceedings dated 17-10-1989 issued by the first respondent cancelling S.T. certificates issued to them on the ground of not holding enquiry. Could these petitioners entitle for the relief having regard to the above discussion? This Court is quite concerned with the constitutional responsibility bestowed on it. This Court is also conscious of the fact that what is not granted by the Constitution, cannot be granted by the Courts. After all, Courts are also to function within the framework of the Constitution. In the Presidential notification issued under Article 342 of the Constitution, insofar as it relates to the State of Andhra Pradesh, 33 communities are enlisted as S.Ts. The Community 'Wanjari' to which the petitioners claim to belong, is not enlisted in the said order. Therefore, mere obtaining S.T. certificates by the petitioners from certain authorities does not confer the right to be treated as S.Ts. It is not the case of the petitioners that they belong to Sugali/Lambadi Community. The reason is quite obvious. They claim that they belong to Wanjari community. They also claim that through G.O.Ms. No. 245 and annexure thereto, it has been indicated that Wanjari community is synonymous to Sugali/Lambadi community. Basing on these guidelines, the petitioners desire this Court to accept their social status as S.T. It is absurd to accept that the said G.O. has granted the petitioners the social status of S.Ts. on par with Sugali/Lambadis. By executive instructions or order, the Presidential notification cannot be altered or modified. In this case, no such effort is made by the Executive to grant the members of Wanjari community the status of S.T. nor the said G.O. says that Wanjari community shall be treated as Sugali /Lambadi. The confusion created on account of the 'mis-quoted word' appearing in column V of Annexure II to G.O.Ms. No. 245, indicating 'Wanjari' as one of the synonyms to Sugali/ Lambadi has been withdrawn by subsequent G.O.Ms. No. 44 dated 23-2-1979. Therefore, the submission of the petitioners that they are to be treated as S.Ts. and are entitled for the relief prayed for, is not acceptable to this Court.