MADAKAM KIRANMAI Vs. DISTRICT COLLECTOR MAGISTRATE KHAMMAM

JUDGEMENT

(1.) The petitioner was issued a Social Status Certificate on 4-6-1996 by the Mandal Revenue Officer, Palavancha, Khammam district, the 3rd respondent herein, certifying that she belongs to Schedule Tribes Community. On the strength of the same, she was selected for admission into M.B.B.S., course in the year 1998. At the time of admission, the Certificate was to be 2002(6) FR-F-38 signed afresh by the Mandal Revenue Officer. Accordingly the petitioner is stated to have approached the 3rd respondent on 3-8-1998. It is alleged that instead of signing it, the 3rd respondent seized the same. Aggrieved by that action, the petitioner filed WP No.24 784 of 1998. Pursuant to the interim order passed therein, the Certificate was restored to the petitioner and the writ petition was accordingly closed, through order dated 5-10-1998.

(2.) The petitioner was issued a show- cause notice dated 9-12-1998 by the 1st respondent directing her to show-cause as to why the Social Status Certificate issued to her by the 3rd respondent shall not be cancelled. On receiving the same, the petitioner submitted a detailed explanation dated 23-12-1998. Thereafter, the mother of the petitioner is said to have been issued a questionnaire on 16-1-1999 and the same was replied on 7-2-1999. Certain affidavits were also said to have been enclosed.

(3.) In accordance with the provisions of the Andhra Pradesh (SC, ST & BCs) Regulation of issue of Community Certificates Act, 1993 (for short 'the Act') and the Rules of 1997 issued there-under (for short 'the Rules'), the matter was placed before the District Level Scrutiny Committee (for short 'the Committee') for verification. Several witnesses were examined and cross examined. A further enquiry was got undertaken through the Director of TCR & Tl Tribal Welfare Department, Hyderabad, the 2nd respondent herein. On the basis of the material placed before it, the Committee appears to have resolved to recommend for cancellation of the Social Status Certificate issued to the petitioner by the 3rd respondent. Ultimately, the 1st respondent issued a final show cause notice dated 3-10-2002. The same is challenged in this writ petition.