D SUDERSHAN Vs. GOVT OF ANDHRA PRADESH

JUDGEMENT

(1.) These two writ petitions being inter-connected were taken up for hearing together and are being disposed of by this common judgment.

(2.) Whether a caste certificate granted by the competent authority can be cancelled without fulfilling the conditions laid down under A.P. Scheduled Castes, Scheduled Tribes and Backward Classes issue of Community, Nativity and Date of Birth Certificate Rules, 1997 is the question, which arises for consideration in these writ petitions.FACTS:

(3.) One Sri D. Sudershan who was working as Tradesman 'B" in Nuclear Fuel Complex (NFC) in the Department of Atomic Energy, Government of India is the petitioner in these writ petitions. According to him, on the basis of entries in the educational record such as Transfer Certificate etc., the Tahsildar, Rajendra Nagar issued Caste Certificate bearing No.R.Dis.No. A3/3438/85 dated 15-5-1985 certifying him as belonging to Scheduled Tribe Community (Lingadhari Koya). Based on such certificate, he was appointed as Tradesman 'A' in NFC on 5-10-1993 and subsequently promoted as Tradesman 'B'. Pursuant to a complaint given by the NFC Scheduled Tribe Employees' Association alleging that some of the employees joined the organisation obtaining false caste certificates, the caste certificate issued to the petitioner was referred to the Commissioner of Tribal Welfare, Government of Andhra Pradesh, Hyderabad for verification, who, alleged to have sent a report on 18-11-1996 stating that the certificate was not issued in accordance with the instructions, check list and guidelines issued under G.O. Ms. No. 138 SW(J1) Department dated 29-1-1991 and therefore the certificate issued to the petitioner certifying him as belonging to 'Lingadhari Koya' is void, consequently, his appointment in NFC in a post reserved for S.T. community is invalid.