DIRECTOR OF TRIBAL WELFARE Vs. LAVETI GIRI

JUDGEMENT

(1.) JUDGMENT :- In Kumari Madhuri Patil v. Addl. Commr., Tribal Development, (1994) 6 SCC 241 : (194 AIR SCW 4116), this Court had issued guidelines for the officers to issue caste certificates to the Scheduled Castes and Scheduled Tribes for the purpose of admission to educational institutions and also employment to a post of office under the State. When the similar matter, viz., Director of Tribunal Welfare, Government of A.P. v. Laveti Giri, (1995) 4 SCC 321 : (AIR 1995 SC 1506), had come up before the Court, this Court reiterated the guidelines in paragraph 7 indicating the manner in which the applications were required to be disposed of. In paragraph 8, also it was indicated that the Government of India would come forward with uniform legislation and necessary guidelines prescribing penal action against persons who violate such guidelines or obtain false caste certificates, which is a fraud on the Constitution and defeat the constitutional objectives.

(2.) THE Andhra Pradesh State Legislature has enacted the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community - Certificates Act, 1993 (16 of 1993) (for short, the 'Act') which came into force with effect from 8/09/1993. THE above Act came to be made pursuant to a direction issued by the Andhra Pradesh High Court. THE Act regulates issuance of community certificates to the Scheduled Castes, Scheduled Tribes and Backwards Classes (for short, the 'Dalits', 'Tribes' and 'OBCs'). Section 3 prescribes procedure for making application. Section 4 prescribes competent authority to issue such certificates. Section 5 prescribes procedure for cancellation of the false certificates. Section 6 lays the burden of proof of status of caste on the claimant. Section 7 provides for right of appeal and review. Section 8 gives power of revision of the Government in the prescribed manner. Section 9 gives power to the competent authority to avail the appropriate provisions in CPC while conducting the enquiry. Sections 10 to 16 deal with the penalties, offences and also the trial and consequent punishment etc. thereof. Section 17 bars the jurisdiction of the Civil Court to take cognizance of the matters coming under the Act or the power to issue any injunction in that respect. Section 18 protects the officers who act in good faith. Section 19 gives overriding power over other laws and Section 20 gives the rule-making power to the State Government.

(3.) PROVISIONS have been made for appeals and review etc. Rule 15 prescribes action in case of false claims. Validity of Integrated Community Certificate has been dealth with in Rule 16. In case of loss of the original, Rule 17 empowers the officers to issue duplicate caste certificate. Rule 19 deals with provisional admission or appointment pending the issuance of the Caste Certificates. Rule 20 repeals the existing Rules. Rule 21 saves the action taken etc. Schedules have been appended to supplement the rules.