GANGADHARA PALO Vs. R

JUDGEMENT

(1.) Petitioner seeks a Writ of Certiorari calling for the records of the first respondent in Rc. No.l641/88/J, dated 6-11-1988 through which proceedings, the Caste Certificate obtained by the petitioner was cancelled on the ground that he obtained the same by misrepresenting that he belonged to Scheduled Tribe, and to quash the same as illegal and arbitrary and pass such other order or. orders in the circumstances of the case.

(2.) Petitioner claiming to be a member belonging to Holva community which is recognized as Scheduled Tribe community in the State of Andhra Pradesh, participated in the recruitment process undertaken by the State Bank of India for the post of Clerk- / cum-Cashier in the year 1986 and secured selection, in a vacancy reserved for Scheduled Tribe candidate with roll No.12130017 on the basis of his claim to be a member of Holva community. The second respondent accordingly appointed the petitioner by an order dated 9-5-1985 as Clerk-cum-Cashier and since then he has been working in different places. The services of the petitioner were also confirmed on 13-12-1986.

(3.) According to the petitioner, a false complaint was made by some persons who are inimical to him alleging that he has obtained a false Social Status Certificate from the Mandal Revenue Officer, Kotturu Mandal of Srikakulam District as if he belongs to Holva community though he is a Oriya Brahmin and that his community is known as Holuva which is not a Scheduled Tribe Community at all. The Mandal Revenue Officer by proceedings in Rc.No. 1990/87-C dated 17-8-1988 reported that the Social Status Certificate issued to the petitioner on 15-8-1986 was genuine and despite such clarification, the second respondent-Bank referred the matter to the District Collector, Srikakulam for verification. The District Collector, Srikakulam in turn directed the first respondent to enquire into the Social Status claim of the petitioner and decide the matter according to law.