PUPPALA ANJANEYULU Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The Petitioner was issued a community certificate by the Mandal Revenue Officer, Gudivada, the 4th Respondent herein on 14-07-1980 to the effect that he belongs to Konda Kapu community, which is recognized as Scheduled Tribe (ST). The Petitioner was not employed against any vacancy, reserved for ST community. It appears that he undertakes various social activities. The Petitioner is said to have studied M.B.A Course, and obtained loan from the State Finance Corporation, for construction of a factory at Gudivada. On 23-03-1997, the then Member of Legislative Assembly of Gudivada, submitted a representation to the Government, with a request to conduct enquiry, in relation to the social status of the Petitioner. A copy of the same was marked to the District Collector, Krishna, the 2nd Respondent herein, who in turn directed the Revenue Divisional Officer, Gudivada, the 3rd Respondent, to cause a preliminary enquiry. In the enquiry so conducted, it emerged that though the Petitioner and his family pleaded that they have migrated from East-Godavari District, they have not submitted any material, in proof thereof.

(2.) After the completion of preliminary enquiry, the 2nd Respondent referred the matter to the District Level Scrutiny Committee (for short 'the Committee'), which is constituted under the A.P. (Scheduled Caste, Scheduled Tribe and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 (for short 'the Act'), and the Rules made thereunder. The Committee issued notice to the Petitioner, and ultimately submitted a report, stating that the Petitioner does not belong to Konda Kapu community. Taking the same into account, the 2nd Respondent passed an order dated 21-10-1999, holding that the Petitioner does not belong to ST community, and directing that the caste certificate dated 13-07-1980, issued to the Petitioner, be cancelled.

(3.) Initially, the Petitioner approached this Court by filing a writ petition, challenging the order passed by the 2nd Respondent. Thereafter, as directed by this Court, he filed an appeal before the Government, the 1st Respondent herein, under Section 7(2) of the Act. The appeal was dismissed, through orders in G.O. Ms. No. 73, Social Welfare (CV.2) Department, dated 25-08-2001. The same is challenged in this writ petition.