WP/4911/1997 of V.LALITHA AND ANOTHER Vs SOCIAL WELFARE DEPARTMENT SECTT AND 3 OHRS on 29 December 2004

ORDER:

The petitioners filed the present Writ Petition for issuance of anappropriate writ, order or direction more in the nature of writ ofmandamus declaring the action of the 2[nd] respondent in limiting thesocial status certificate dated 26-10-1996 issued to the petitioners asbeing valid for educational purpose only as illegal, arbitrary andunconstitutional and issue consequential direction that the petitionersare entitled to be treated as Bhagatha caste which is a ScheduledTribe for all purposes including education, service etc., and passsuch other suitable orders.

Sri D.V.Sitharam Murthy, the learned Counsel representing therespondents had taken this Court through the averments made in theaffidavit filed in support of the Writ Petition and also certain interimorders which were made and subsequently vacated. The learnedCounsel also had drawn the attention of this Court to the castecertificate issued by the Mandal Revenue Officer, Koyyuru and wouldcontend that limiting the same only for educational purpose definitely cannot be sustained.

Per contra the learned Government Pleader for Social Welfare haddrawn the attention of this Court to Andhra Pradesh (ScheduledCastes, Scheduled Tribes and Backward Classes) Regulation ofissue of Community Certificates Act, 1993 and the Rules madethereunder and would submit that in view of the same liberty may begiven to the petitioners to approach the Competent Authority underthe Act and the Rules for the purpose of getting regular social statuscertificate for other purposes also since the prior certificate was madevalid for educational purpose only.

Heard the Counsel.

The petitioners state that their father belongs to Brahmin caste andtheir mother belongs to Bhagatha caste, a recognized ScheduledTribe under the Constitution (Scheduled Tribe) Order 1950 which isshown at Sl.No.2 in the said order. It is also the case of the petitionersthat after the marriage their father was excommunicated and thefamily had severed the relationship with the relatives of their fatherand they were born at Koyyuru at their mother’s place and KoyyuruMandal in Visakhapatnam District is an Agency Area and they werebrought up at Koyyuru by their mother and her parents. It is alsostated that the 1[st] respondent issued G.O.Ms.No.371, Employmentand Social Welfare (B2) Department dated 13-4-1976 extending the benefit available to SCs., STs. and B.Cs. to the children of inter-castemarriages as per directions in letter No.39/37/73-SCTI dated 4-3-1975 issued by the Under Secretary, Ministry of Home Affairs,Government of India, providing the basis for acceptance of a personas a member of Scheduled Tribe. It is also stated that the petitionerswere shown as belonging to Scheduled Tribe in their school recordsand an application was made for issuance of social status certificateand the 2[nd] respondent conducted necessary investigation andissued certificate stating that the petitioners belong to Bhagathacaste, a Scheduled Tribe. Several details relating to the same hadbeen narrated.

The main grievance ventilated by the writ petitioners is that limitingthe caste certificate only for the purpose of education and not forother purposes cannot be sustained. It is stated that they madeseveral representations in this regard. It is also stated that the 1[st]petitioner should be permitted to attend the interview for the post ofIssue Clerk in Materials Management Department, VisakhapatnamPort Trust, Visakhapatnam and a direction was sought to the 3[rd]respondent to permit the 1[st] petitioner to attend the said interviewmeant for Scheduled Tribe on the basis of the social status certificatedated 26-10-1996. It appears some interim order was passed andsubsequent thereto the same had been vacated.

In the counter affidavit filed by the 2[nd] respondent, specific stand wastaken that the petitioners are children of a Brahmin father and aScheduled Tribe mother belonging to Bhagatha caste and they haveenjoyed the mother’s status for educational purpose as per theinstructions issued by Government of Andhra Pradesh inG.O.Ms.No.371, Employment and Social Welfare Department dated13-4-1976. It is also stated that on the representation made by thepetitioners’ mother, the District Collector, Visakhapatham directed theMandal Revenue Officer to enquire into the matter and the enquiryhad been initiated as per the Commissioner’s letter dated 6-9-1997and in view of the pendency of the Writ Petition the enquiry could notbe proceeded with. Further a specific stand was taken after narratingother details that the petitioners are always at liberty to approach theCompetent Authority with relevant material for necessary certificateand the Government had issued G.O.Ms.No.58 dated 19-5-1996 forissuance of permanent caste certificate.

The Andhra Pradesh (Scheduled Castes, Scheduled Tribes andBackward Classes) Regulation of Issue of Community CertificatesAct, 1993, Act No.16 of 1993, hereinafter in short referred to as “Act”,is an Act to consolidate the issue of Community Certificates relatingto persons belonging to the Scheduled Castes, Scheduled Tribesand Backward Classes and for matters connected therewith orincidental thereto. Section 21 of the Act dealing with Transitional Provisions reads as hereunder :

“A community certificate issued by any authoritycompetent to issue the same under the relevant rules or ordersbefore the commencement of this Act shall, unless it iscancelled under the provisions of this Act, be valid and shall bedeemed to have been issued under the provisions of this Act.”

Section 3 of the Act dealing with Application of a CommunityCertificate reads as hereunder :

1. Any person belonging to any of the Scheduled Castes,Scheduled Tribes or Backward Classes may in order toclaim the benefit of any reservation provided to suchCastes, Tribes or Classes either for any publicappointment or for admission into any educationalinstitution in the State or outside the State for thestudents of the State or any other benefit under anyspecial provisions made under clause (4) of Article 15of the Constitution of India or for the purpose ofcontesting for elective post in any local authority or forelective posts in the Co-operative Institutions, make anapplication in such form and in such manner as may beprescribed to the competent authority for the issue of acommunity certificate.Scheduled Tribes or Backward Classes may in order toclaim the benefit of any reservation provided to suchCastes, Tribes or Classes either for any publicappointment or for admission into any educationalinstitution in the State or outside the State for thestudents of the State or any other benefit under anyspecial provisions made under clause (4) of Article 15of the Constitution of India or for the purpose ofcontesting for elective post in any local authority or forelective posts in the Co-operative Institutions, make anapplication in such form and in such manner as may beprescribed to the competent authority for the issue of acommunity certificate.

2. Any person belonging to a Scheduled Tribe may, for thepurpose of claiming any benefit or protection meant forScheduled Tribes under any notification, direction orregulation made under the Fifth Schedule to theConstitution of India or under any Act, Rule, Regulationor Order for the time being in force in the ScheduledAreas, make an application in such form and in suchmanner as may be prescribed to the competentauthority for the issue of community certificate.purpose of claiming any benefit or protection meant forScheduled Tribes under any notification, direction orregulation made under the Fifth Schedule to theConstitution of India or under any Act, Rule, Regulationor Order for the time being in force in the ScheduledAreas, make an application in such form and in suchmanner as may be prescribed to the competentauthority for the issue of community certificate.

Explanation :

For the purposes of this section and Section 13, “ScheduledAreas” means the areas as defined in paragraph 6 of the FifthSchedule to the Constitution.

Section 4 of the Act dealing with Community Certificate to be issued by competent authority reads as hereunder :

1. The Competent Authority may, on an application made to itunder Section 3 satisfy itself about the genuineness orotherwise of the claim made therein and thereafterissue a community certificate within such period and insuch form as may be prescribed or reject theapplication for reasons to be recorded in writing. Acertificate in regard to community issued by anyperson, officer of authority other than the competentauthority shall be invalid.under Section 3 satisfy itself about the genuineness orotherwise of the claim made therein and thereafterissue a community certificate within such period and insuch form as may be prescribed or reject theapplication for reasons to be recorded in writing. Acertificate in regard to community issued by anyperson, officer of authority other than the competentauthority shall be invalid.

2. Before the issue or rejection of a certificate under sub-section (1) the competent authority shall follow suchprocedure as may be prescribed.section (1) the competent authority shall follow suchprocedure as may be prescribed.

Section 5 of the Act dealing with Cancellation of the false Community Certificate reads as hereunder :

(1) Where, before or after the commencement of this Act aperson not belonging to any of the Scheduled Castes,Scheduled Tribes or Backward Classes has obtained a falseCommunity Certificate to the effect that either himself or hischildren belongs to such Castes, Tribes or Classes, the DistrictCollector may either suo motu or on a written complaint by anyperson, call for the record and enquire into the correctness ofsuch certificate and if he is of the opinion that the certificatewas obtained fraudulently, he shall, by notification, cancel thecertificate after giving the person concerned an opportunity ofthe making a representation:

Provided that where an enquiry into the genuineness of a community certificate issued prior to the commencement of thisAct has commenced and is pending at such commencement,the record thereof shall be transferred by the concernedauthority to the District Collector and he shall continue theenquiry and conclude the same under this sub-section.

(2) The powers of the nature referred to in sub-section (1) mayalso be exercised by the Government.

In the present case no doubt there is no cancellation of the Certificateas such but the Certificate issued had been limited only foreducational purpose. That is the main grievance ventilated by the writpetitioners. The Andhra Pradesh (Scheduled Castes, ScheduledTribes and Backward Classes) Issue of Community, Nativity andDate of Birth Certificates Rules 1997 were issued in G.O.Ms.No.58,Social Welfare (J), dated 12-5-1997 in exercise of the powersconferred by sub-section (1) of Section 20 of the aforesaid Act. Rule3 of the Rules dealing with Community, Nativity and Date of BirthCertificates reads as hereunder :

“The Form for issue of Community, Nativity and Date of BirthCertificates is as specified in Form II appended to theseRules”.Certificates is as specified in Form II appended to theseRules”.

Rule 4 of the said Rules dealing with Procedure for Application reads as hereunder :

a. Every applicant/parent/guardian who belongs to aScheduled Caste, Scheduled Tribe, Backward Class,desirous of declaring his social status as that of aScheduled Caste, Scheduled Tribe or a BackwardClass, shall submit an application in the prescribedScheduled Caste, Scheduled Tribe, Backward Class,desirous of declaring his social status as that of aScheduled Caste, Scheduled Tribe or a BackwardClass, shall submit an application in the prescribed Form I/II to Competent Authority, well in advance i.e.,six months, as far as possible, particularly whenseeking admission to the educational institutions orappointment to a post.

b. If the applicant is a minor, the parent/guardian shall submitthe application form as mentioned in clause (a) above.the application form as mentioned in clause (a) above.

Rule 5 of the Rules dealing with Procedure for Verification specifies as hereunder :

a. On receipt of the application the Competent Authority orany officer authorized by him in this regard shall ensurethat the applicant has furnished complete information inall the columns of Form I/II and, shall then give theacknowledgement slip as appended in Form I/II, intoken of having received the application. TheCompetent Authority shall then verify theinformation/documents/evidence furnished by theapplicant/parent/guardian in Form I/II. If the CompetentAuthority is satisfied with the correctness of theinformation/documents/evidence furnished by theapplicant/parent/guardian, he shall issue theCommunity, Nativity and Date of Birth Certificates inForm III within 30 (thirty) days of the receipt of theapplication in Form I/II. The Competent Authority shallspecify in Form III the sub-caste of the SC claimant andthe sub-tribe/sub-group of the ST claimant assisted outin Annexure-I appended to these Rules.any officer authorized by him in this regard shall ensurethat the applicant has furnished complete information inall the columns of Form I/II and, shall then give theacknowledgement slip as appended in Form I/II, intoken of having received the application. TheCompetent Authority shall then verify theinformation/documents/evidence furnished by theapplicant/parent/guardian in Form I/II. If the CompetentAuthority is satisfied with the correctness of theinformation/documents/evidence furnished by theapplicant/parent/guardian, he shall issue theCommunity, Nativity and Date of Birth Certificates inForm III within 30 (thirty) days of the receipt of theapplication in Form I/II. The Competent Authority shallspecify in Form III the sub-caste of the SC claimant andthe sub-tribe/sub-group of the ST claimant assisted outin Annexure-I appended to these Rules.

b. If the Competent Authority feels that further enquiry isnecessary, he shall then examine the school records,birth registration certificate, if any, and also examine theparent/guardian or applicant, in relation to his/her/theircommunity. He may examine any other person whohas the knowledge of the school status of theapplicant/parent/guardian, as the case may be. Heshall take into account, in the case of Schedulednecessary, he shall then examine the school records,birth registration certificate, if any, and also examine theparent/guardian or applicant, in relation to his/her/theircommunity. He may examine any other person whohas the knowledge of the school status of theapplicant/parent/guardian, as the case may be. Heshall take into account, in the case of Scheduled Tribes, their anthropological and ethnological traits,deity, rituals, customs, mode of marriage, deathceremonies/method of burial of dead bodies etc.,before issuing the Community, Nativity and Date ofBirth Certificates. The Competent Authority shall havepower to call for further information and/or collect suchevidence/document and also conduct such enquiry asspecified in Form IV, if deemed necessary. Notice inForm IV should be issued to the parent/guardian, incase the applicant is a minor, to appear before theCompetent Authority.

c. The notice as specified in Form IV should give clear 15(fifteen) days, from the date of the receipt of the noticeby the parent/applicant/guardian, to attend the enquiry.In no case, not more than 30 (thirty) days from the dateof the receipt of the notice, should be allowed.(fifteen) days, from the date of the receipt of the noticeby the parent/applicant/guardian, to attend the enquiry.In no case, not more than 30 (thirty) days from the dateof the receipt of the notice, should be allowed.

d. Where the person on whom a notice in Form IV is servedby the Competent Authority fails to respond on the datementioned therein, the Competent Authority may rejector confirm the claim of the person based on thedocument/evidence available with the CompetentAuthority (furnished while applying in Form I/II). He mayalso take into account any othermaterial/evidence/documents gathered by him in thatparticular case. The Competent Authority shall causeenquiry, following due process of law, to verify thegenuineness or otherwise of theinformation/evidence/documents furnished or recorded,from such persons as called for the enquiry specified inForm IV. He may also cause to collect any otherdocumentary or related evidence about thegenuineness or otherwise of the information furnishedby the persons called for in the enquiry.by the Competent Authority fails to respond on the datementioned therein, the Competent Authority may rejector confirm the claim of the person based on thedocument/evidence available with the CompetentAuthority (furnished while applying in Form I/II). He mayalso take into account any othermaterial/evidence/documents gathered by him in thatparticular case. The Competent Authority shall causeenquiry, following due process of law, to verify thegenuineness or otherwise of theinformation/evidence/documents furnished or recorded,from such persons as called for the enquiry specified inForm IV. He may also cause to collect any otherdocumentary or related evidence about thegenuineness or otherwise of the information furnishedby the persons called for in the enquiry.

e. The Competent Authority should give reasonableopportunity to the applicant/parent/guardian to produceevidence in support of their claim. A public notice by thebeat of drum or any other convenient mode may bepublished in the village or locality to which theopportunity to the applicant/parent/guardian to produceevidence in support of their claim. A public notice by thebeat of drum or any other convenient mode may bepublished in the village or locality to which the applicant/parent/guardian belongs. If any person orassociation opposes such a claim, opportunity toproduce the evidence in person before the CompetentAuthority may be given to him or her. After giving suchan opportunity to that person or association theCompetent Authority may make such enquiry as itdeems expedient and consider claims of theapplicant/guardian/parent vis-à-vis the objectionsraised by his/her/their opponent.

f. The Competent Authority shall requisition the services ofMandal Revenue Inspector, Village DevelopmentOfficer, Village Administrative Officer or such otherpersons as deemed necessary, to assist him in theenquiry to verify the veracity or otherwise of thecommunity claims made by theapplicant/parent/guardian. However the responsibilityfor issue or rejection of the claim shall rest on theCompetent Authority only.Mandal Revenue Inspector, Village DevelopmentOfficer, Village Administrative Officer or such otherpersons as deemed necessary, to assist him in theenquiry to verify the veracity or otherwise of thecommunity claims made by theapplicant/parent/guardian. However the responsibilityfor issue or rejection of the claim shall rest on theCompetent Authority only.

g. In respect of the tribal communities who are not “traditionalinhabitants” of the area of territorial jurisdiction of the“Competent Authority” as specified in column 3 ofAnnexure I appended to these Rules, the CompetentAuthority shall make a reference to the District TribalWelfare Officer concerned to provide such professionalassistance available with him or with the Tribal CulturalResearch Institute, Hyderabad, to confirm or reject theclaim of the applicant.inhabitants” of the area of territorial jurisdiction of the“Competent Authority” as specified in column 3 ofAnnexure I appended to these Rules, the CompetentAuthority shall make a reference to the District TribalWelfare Officer concerned to provide such professionalassistance available with him or with the Tribal CulturalResearch Institute, Hyderabad, to confirm or reject theclaim of the applicant.

h. The Competent Authority shall confirm or reject the claimfor the Community, Nativity and Date of Birth Certificate,after conducting the enquiry as mentioned in the parasabove, within a period not exceeding 60 (sixty) daysfrom the date of receipt of the application by him inForm I/II.for the Community, Nativity and Date of Birth Certificate,after conducting the enquiry as mentioned in the parasabove, within a period not exceeding 60 (sixty) daysfrom the date of receipt of the application by him inForm I/II.

i. The Competent Authority, in the cases of doubtful claims,shall refer the matter to the Chairman of the ScrutinyCommittee formed at the District level under Rule 8 i.e.,Joint Collector of the District, for the recommendationsshall refer the matter to the Chairman of the ScrutinyCommittee formed at the District level under Rule 8 i.e.,Joint Collector of the District, for the recommendations of the Committee, with regard to the issue of theCommunity, Nativity and Date of Birth Certificate asapplied for by the applicants. On receipt of therecommendations of the Scrutiny Committee, theCompetent Authority shall accordingly confirm or rejectthe claims of the applicants.”

In Annexure-I, Column 1, Bagata caste is shown as Item 4(2)and it is specified in Column 2 that all Mandal Revenue Officers in theState not below the rank of Deputy Tahsildar as the CompetentAuthorities within the territorial jurisdiction of a Mandal. On a carefulreading of the prior certificate issued by the concerned MandalRevenue Officer and also the stand taken by the petitioners in theaffidavit filed in support of the Writ Petition and also the stand takenby the respondents in the counter affidavit, this Court is of theconsidered opinion that the prior certificate issued had been issuedby the Competent Authority only for the limited purpose i.e.,educational purpose only. It is needless to say that in the light of theAct and the Rules specified supra, the petitioners may have toapproach the Competent Authority by making necessary applicationas specified therein for the purpose of obtaining a regular socialstatus certificate and on such application made by the petitioners theCompetent Authority shall follow the procedure prescribed by the Actand the Rules. In the light of the same, liberty is given to thepetitioners to approach the Competent Authority by filing necessaryapplication in accordance with the Act and the Rules and thereuponthe Competent Authority is directed to dispose of the matter inaccordance with the procedure specified under the Act and the Rulesat the earliest point of time. Except giving this direction no other relief can be granted in the present Writ Petition.

The Writ Petition is accordingly disposed of as specified supra. No order as to costs.

_______________

P.S.Narayana.,J

Date : 29-12-2004

L.R. copy to be marked : YES / NO

AM

REGISTRAR

To

One fair copy to the Hon’ble Mr.Justice P.S.Narayana (for hisLordship’s kind perusal)

1. The Secretary to Government,

Social Welfare Department,

Government of A.P.

Secretariat, Saifabad, Hyderabad.

2. The Mandal Revenue Officer, Koyyuru,

Visakhapatnam District.

3. The Chief Materials Manager, Materials Management Department, Visakhapatnam Port Trust, Visakhapatnam.

4. The Principal, Zonal Staff Training College, A.P. State Road Transport Corporation, Vizianagaram District.

5. 2 C.Cs. to Government Pleader for Social Welfare, High Court of A.P., High Court Buildings, Hyderabad.

6. 2 C.D. copies.

7. 8 L.R. copies

8. The Under Secretary, Union of India, Ministry of Law, Justice and Company Affairs, New Delhi.

9. The Secretary, A.P. Advocates’ Association, Library, High Court Buildings, Hyderabad.