Telangana High Court
WP/1418/2020 of Chawan Dinesh Vs The State of Telangana and 4 others on 31 December 2020
S/o. Seetharam, aged about 36 years, Occ: Private employee, R/o. # 1-31 , Piklathanda, H/o. Mamidipalli Village, Sirpur-U mandal, Dist: Komarum Bhim Asifabad. HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF DECEI\4BER TWO
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD(Special Original Jurisdiction)
THURSDAY, THE THIRTY FIRST DAY OF DECEI\4BERTWO THOUSAND AND TWENTY
PRESENT
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION NO. 1418 OF 2O2O
Betwee n:
Chawan Dinesh, S/o. Seetharam, aged about 36 years, Occ: Private employee, R/o. #1-31 , Piklathanda, H/o. Mamidipalli Village, Sirpur-U mandal, Dist: Komarum BhimAsifabad.Asifabad.
...PETITIONER
AND
1. The State of Telangana, Rep. by its Principal Secretary, Tribal WelfareDepartment, Secretariat, Hyderabad.Department, Secretariat, Hyderabad.
2. The District Collector, Kumrambheem Asifabad District.
3. The Project Officer, lntegrated Tribal Development Agency (ITDA), Utnoor, Dist:Adilabad.Adilabad.
4. The Tahsildar, Sirpur-U Mandal, Kumrambheem Asifabad District.
5. The District Forest Officer, Kumrambheem-Asifabad District.
6. The Telangana State Public Service Commission, Nampally, Hyderabad, Rep. byits Secretary.R6 is impleaded as per C.O d|.0310212020 in l.A.No. 2/2020its Secretary.R6 is impleaded as per C.O d|.0310212020 in l.A.No. 2/2020
...RESPONDENTS
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Petition under Article 226 ol lhe Constitution of lndia [praying ]that in thecircumstances stated in the affidavit filed therewith, the High Court may be [pleased]to issue a Writ, Order or Direction, more [padicularly ]one in the nature of Writ ofMandamus, declaring the in-action of the Respondents-3 & 4 to issue the AgencyLocal Scheduled Tribe Certificate to the Petitioner within 45-days of the receipt of theletter from the 2nd Respondent dated 6.8.2019, by considering his various bonafides,documentary evidences and also [genealogical ]study, as stipulated [in ][G.O.Ms ][No. 24]Tribal Welfare (LTR.1) Dept., dated 12.06.2018 in consonance with the [provisions of]the A.P.(SC, ST & BC) Regulation of issue of [Community Certificates ][Act, ][1993 ][and]the A.P. SC, ST, & Backward Classes, lssue of Community, [Nativity ][& ][Date ][of ][Birth]Certificates Rules 1997 [(as ]notified vide G.O,Ms No.58, [Social Welfare ][(J) ][Dept.]dated 12.5.1997), as illegal, arbitrary and in [violation ][of ][Rules ][and ][particularly ][the]Rules-S & 8 of A.P. SC, ST, & Backward Classes, [lssue ][of ][Community, Nativity ][&]Dale of Birth Certificates Rules 1997, Articles 14 & 335 of [the ][Constitution ][of ][lndia]and also against to the [principles ]of natural [justice ][and ][fair ][play, and ][to ][direct ][them]to issue the Agency Local scheduled [Tribe certificate ][to the ][Petitioner without ][any]
further delay, or alternatively direct the Respondents-2 to 4 to take a declarationfrom the Petitioner and inform the Respondent No.5 to appoint him to the post of theForest Beat Officer in accordance with Rule-19 of the above said Rules.
lA NO: 1 OF 2020
Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased to orderthe Respondents-3 and 4 to take a declaration from the Petitioner and inform thethe affidavit filed in support of the petition, the High Court may be pleased to orderthe Respondents-3 and 4 to take a declaration from the Petitioner and inform theRespondent No.5 to give him the Appointment Order as Forest Beat Officer, as perRule-'19 of AP (SC, ST & BCs) Regulation of lssue of community Certificates Act,and Rules 1997, pending disposal of the Writ Petition.Rule-'19 of AP (SC, ST & BCs) Regulation of lssue of community Certificates Act,and Rules 1997, pending disposal of the Writ Petition.
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Counsel for the Petitioner: SRI A. ANAND ACHARYCounsel for the Respondents: GP FOR SERVICES - ll The Court made the following: ORDER
LION'BLE [SRI ]JI.]STICI] [ABTIINAND ][KUMAR ][SHAVILI]
W.P.No.1418 [of ][2020]
ORDER
This Writ [Petition ][is ][filed ][seeking the ][follorving ][relief:]
ttto issrte a Writ, Ordet or Direction [more particularly ][one itr]the natrrre [of ][Vrit ][of ][Mandamus declating the inaction of ][the]Respondents [3 ][and ][4 ][to ][issue ][the ][Agency ][Local ][Scheduled]Tribe [Certificate to ][the ][Petilioner ][within ][45 ][days of the recetpt]of the [lettet from ][the ][2nd ][Respoodent ][ttated 6/8/2019 ][by]considering [his vatious ][bonafides' ][documentary evidences and]at"o [g.nealogical study ][as ][stipulated ][in ][G'O'Ms'No'24 Ttibal]Welfite [(LTR'l) ][D ][epr, ][d^ted ][72/6/2018 ][in ][consonance ][with ][the]provisions [of ][the ][A ][P ][(SC' ST ][and BC) Regulation ][of ][issue ][of]t.,--.,r,i.-" [Certificates ][Act' ][1993 ][and ][A ][P ][SC ][ST ][and]Back*'ard [Classes, ][issue ][of ][Community' ][Nativity ][and Dat€ ][of]Birth [Certificates ][Rutes ][1997 ][(as ][notified ][vide ][G ][O ][Ms'No ][58']Social [Welfare ][() ][Dept' ][dated l2/5/1gg1 ][as ][illegal' ][atbitrary]and in [liolation ][of ][Rtrles ][and Partictrlirl-Y ][rhc ][Rulcs-S ][and 8 ][of]A.P [SC ][ST ][and Backtetd ][Classcs' ][lssuc ][of ][Cornrnrrrrin']Nativis [arrd ][Date ][of Birth ][Certificates ][Rtrles' ][1997' ][Articles ][1'l]ancl .135 [of ][the Constit ][tion of India ][and also against ][to ][the]principles [of ][natural ][irrstice and ][fait ][plal ][and ][to dircct them ][to]i..t," th" [Agencr ][Local ][Schedrrled ][Tribe ][Certilicrrte ][to ][thc]Pctitioncr [rvithout ][an-v ][funhcr ][dclav ][or ][altctnativclv ][dircct ][thc]Respondents [2 ][to ]'l [to takc ][a ][declaration ][from thc I'etitioncr]and [inform ][the Respondcnt ][No ][5 ][to appoint hirn to ][rlre ][post ][of]the [Forest ][Beat ][Officer ][in ][accordance ][rvith ][Rulc-19 ][of ][tlre]above [said Rules ][an<t ][to ][pass ][such other ordet ][o' ][orders ][as ][this]Hoo,ble [Court ][may deem ][fit ][and ][ptopet ][in ][the ][citcttmstances]of the case [and ][in ][rhe ][interest of iustice ][and ][equality'"]
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Heard [Sri ][A'Anand ][Achary' ][learned counsel appearing for]
the petitioner [and ][learned ][Govemment ][Pleadet ][for ][services-Il]apPearing [for the resPondents']
ItisthecaseofthepetitionerthathebelongstoScheduledTtibe [(Lambada) ][and ][he ][is ][fully ][eligible][ and qualified ][to ][be]The resPondents [h1\'e]appointed [to the post of Forest Beat ][Officer']
issued a recruitment notifrcation on 15.08.2017. Pursuant to thesaid notification, the petitioner has applied and after undergoingselection process, he was provisionally selected. But therespondents are not giving posting orders on rhe ground that theAgency Local Scheduled Tribe Certificate produced by him rvasreferred to the District Collector, Kumuram Bheem Asifabad, andthe same is pending verification.
Learned counsel appearing for the petitioner submits thatappropriate orders be passed in the writ petition directing theDistrict Collector, Kumuram Bheem Asifabad, to conclude theverification of Agency Local Scheduled Tribe Certificate so as toenable the appointing authority to give appointment ro thepetitioner, if the certificate produced by the petitioner is found tobe gcnuine.
Learned Governmenr Pleader appearing lor the respondentscontended that since the issue of verification of Agency LocalScheduled Tribe Certificate of the petitioner is pending before theDistrict Collector, Kumuram Bheem Asifabad, the DistrictCollector would verify the same within a reasonable period and ifthe certificate produced by the petitioner is found to be genuine,then the respondents would consider his case for appointment tothe post of Forest Beat Officer.
Having considered the rival submissions made theby learned counsel on either side, this Writ petition can be disposed
of directing the petitioner to submit a representation to the DistrictCollector, Kumuram Bheem Asifabad, within a period of trvoweeks from the date of receipt of a copy of this order. On rcceipt ofsuch represcntation, the District Collector, Kumuram BheemAsifnbad, shall consider the said representation and if thc AgencvLocal Scheduled Tribe Certificate produced bv the petitioncr isfound to be genuine, the District Collector should for*,ard thesame to the appointing authority to give appointment to thepetitioner as Forest Beat Officer, u,ithin a period of eight rveeksthereafter.
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Accordingly, the Writ Petition is disposed of. No costs.
Miscellaneous petitions, if any, pending shall stand closed.
SD/-N.CHANDRA SEKHAR RAOASSISTANT REGIST//TRUE COPY//SECTIOFICER
To,1. The Principal Secretary, Tribal Welfare Department, [State ]of [Telangana,]1. The Principal Secretary, Tribal Welfare Department, [State ]of [Telangana,]
Secretariat, Hyderabad.
2. The District Collector, Kumrambheem Asifabad [District.]
3. The Project Officer, lntegrated Tribal Development [Agency ][(ITDA), ][Utnoor, ][Dist:]Adilabad.Adilabad.
4. The Tahsildar, Sirpur-U tVandal, Kumrambheem [Asifabad ][District.]
5. The District Forest Officer, Kumrambheem-Asifabad [District.]
6. The Secretary, Telangana State Public [Service ][Commission, ][Nampally,]Hyderabad.Hyderabad.
7. Ohe CC to Sri A. Anand Achary, Advocate IOPUCI
Ohe CC to Sri A. Anand Achary, Advocate CC to Sri A. Anand Achary, Advocate to Sri A. Anand Achary, Advocate Sri A. Anand Achary, Advocate Anand Achary, Advocate IOPUCI8. Two CCs to GP for Services [- ]ll, [High Courl ][for the ][State ][of ][Telangana ][at]Hyderabad. [OUT]Hyderabad. [OUT]
9. Two CD Copies.IVP
I
HIGH COURT
DATED:31 [11212020]
ORDER
WP.No.1418 [o12020]
DISPOSING [OF THE ][WRIT ][PETITION]WITHOUT [COSTS]
:N.\\ [e-?'][ e-A]or \"t\-[il])r
111$EsIAk0 7 JAlt [2021]*i)C
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