STATE OF ANDHRA PRADESH Vs. T. VARAHALU

JUDGEMENT

(1.) This Writ appeal is filed questioning the order dtd. 17/10/2019 passed by the learned single Judge in W.P.No.17667 of 2004. By this order the Writ Petition was allowed and G.O.Ms.No.45 dtd. 26/5/2004, which was issued by the Government of Andhra Pradesh cancelling the Konda Kapu ST Certificate obtained by the petitioner, was quashed.

(2.) This Court has heard Sri T.N.M.Ranga Rao, learned Government Pleader for Social Welfare and Sri K.Satyanarayana Murthy, learned counsel for the 1st respondent. Learned Government Pleader for Agriculture, who is arrayed as respondent No.3, in W.P.No.17667 of 2004, supported the case of the appellants.

(3.) The 1st respondent has obtained a community certificate dtd. 23/6/1977 which certified that he belongs to the Konda Kapu (ST) community. This Certificate, dtd. 23/6/1977, was utilised by him for securing employment in the office of Director of Agriculture. Stating that he has obtained a false certificate a notice was served to him in 1989 seeking his explanation. Thereafter, enquiries were conducted and the District Collector cancelled his Community Certificate on 10/5/1989. Aggrieved by this, the 1st respondent filed W.P.No.7105 of 1989 which was allowed on 12/6/2000. The impugned order dtd. 10/5/1989 was set aside and the matter was remanded back to the official respondent for fresh enquiry. Thereafter, another enquiry was conducted and District Level Scrutiny Committee which is formed under the Andhra Pradesh (SC, ST and BCs) Regulation of Issue of Community Certificates Act, 1993 and the Rules framed thereafter (Hereinafter called as 'Act 16 of 1993' and '1997 Rules' for the sake of brevity), ultimately, cancelled the petitioner's caste certificate vide proceedings dtd. 24/4/2002. The 1st respondent preferred a statutory appeal before the Government. The Government after a hearing, upheld the orders of the Committee and issued the impugned G.O.Ms.No.45, dtd. 26/5/2004, cancelling the caste certificate.