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Showing contexts for: 2008 DSC in B. Santha Kumari, vs The State Of Andhra Pradesh on 18 October, 2024Matching Fragments
3. The Counter affidavit has been filed by 4th respondent, while denying the allegations made in the petition, inter alia, submitted that, the petitioner has filed a complaint to the District Collector, Prakasam District, Ongole against 1) Pathi Lakshmi Devi, 2) Bellamkonda Mohini Devi, 3) Kadali Sujatha & 4) Shaik Shameela Begum as they have selected to the post of Language Pandit (Telugu) in DSC 2008 by producing fake caste certificate as BC-B (Perika Balija) & (Dudekula) respectively. Due to these candidates got appointment as Language Pandit (Telugu) the petitioner has lost her employment as Language Pandit (Telugu) in DSC 2008 in the category of BC- B Women. It is further submitted that, the District Collector & Magistrate, Praksam District has cancelled the caste certificate of the 5th respondent i.e., Shaik Shameela Begum, D/o Basha Mohiddin basing on the report of District Level Scrutiny Committee, Prakasam District in Progs.D.Dis.C4/99/2016, dated 19.08.2018 as she does not belong to Dudekula (BC-B), but belongs to Indian-Islam-Muslim (OC). She is liable for terminating from the service without further notice. But, she has filed a W.P.44509/2018 before this Hon'ble High Court and the same was disposed of vide order dated 10.12.2018. the operative portion reads as under:
Further, it is submitted that, the 6th respondent has filed another W.P.No.1548/2020 before this Court seeking to set aside the Progs.Rc.No.C4/99/2016, dated 29.11.2019 and filed counter. The case is pending. It is submitted that, Bellamkonda Mohini Devi, D/o Venkateswarlu was expired on 12.07.2010, hence, the District Level Scrutiny Committee, Prakasam District, Ongole has omitted the name of the candidate from the enquiry. It is further submitted that, after verification of the Common Merit List of Language Pandit (Telugu) of DSC 2008, it is noticed that, the petitioner is immediate second candidate in BC-B Female category after selection of 5th respondent Shaik Shameela Begum and one more candidate is in the Merit list before the petitioner BC-B female. It is pertinent to note that there is no producer of operating waiting list if any candidate disqualifies and that vacancies will be carries forward to next notification.
It is submitted that, the 5th and 6th unofficial respondents have filed an appeal on the orders of the District Collector, Prakasam District regarding to cancellation of their Caste Certificates as fake certificate. The appeals are still pending at Principal Secretary, Social Welfare Department, AP Secretariat, Velagapudi, Guntur District. After receipt of the report from the appellate authority, further action will be taken in the matter.
4. The Counter affidavit has been filed by 5th respondent, inter alia, submitted that on 29-09-2018 the 4th respondent issued show cause notice vide proceedings in RC No. 5936(A2)84/2018. For which, he submitted explanation on 09-10- 2018 in person and through register post. Aggrieved by the orders passed by the 2nd respondent vide proceedings in D.Dis.No. C4/99/2016, dated 19-08-2018. The 5th respondent filed an appeal before the 1st respondent-Government on 30-10-2018, an endorsement was made in appeal acknowledging the receipt, an application was also filed for granting interim order seeking stay of all further proceedings in D.Dis.No.C4/99/2016 pursuant to orders dated 19-08-2018. Since no order was passed, the petitioner was filed WP No. 44509 of 2018 and obtained orders of status quo pending appeal. The appeal is still pending with the 1st respondent for consideration, due to COVID-19 situation the same is not taken up. Therefore, this writ petition is not at all maintainable in view of pendency of the appeal before the Government, even otherwise the writ petitioner is not eligible since he did not secure required marks in DSC 2008. The orders in OA No. 2989 of 2012 referred in the writ petition are not applicable to the present set of facts and she cannot aim relief taking shelter of said order.
The Family Members of the 6th respondent i.e., her brother and sister are claiming OC status i.e.," Balija community". Even though the 6th respondent had given opportunities before passing the cancellation of caste certificate by the Revenue Divisional Officer, Markapur, but she stated in her counter affidavit that the Revenue Divisional Officer, Markapur had not given the opportunity. It is submitted that the State President of BC RPC got information from the Office of the 4th respondent under the Right to Information Act with regard to appointments under the BC-B category in DSC- 2008 pertaining to Language Pandit (Telugu) Grade-ll in Prakasham district. Through Lr.Rc.No.6640/A1/2020, Dt. 22.12.2020, therein the 4th respondent office stated that the 6th respondent appointed under the BC-B category. Further the selection list of DSC-2008 with regard to Prakasam District issued by the 4th respondent therein serial No.60, roster No.99 was allotted to BC-B women category and also showing the name of the 6th respondent. As per the said information of the 4th respondent, the 6th respondent appointed under the category of BC-B women, but not under the category of OC Women.