SUDHIR KUMAR Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The petitioner took his M.A., Degree in Pure Economics from the Andhra University in First Class in the year 1978. He applied to the Union Public Service Commission (U.P.S.C., for short) seeking admission to the Civil Services Examination 1979 on the basis that he belongs to Adi Andhra Caste, one of the Scheduled Castes in the State of Andhra Pradesh and for being selected in the quota reserved for the Scheduled Castes. The U.P.S.C., permitted the petitioner to appear for the preliminary examination conducted by it on June 12th and 13th, 1979 at Hyderabad. The petitioner had passed the preliminary examination and the results were published in the local Dailies. The U.P.S.C. sent an application form to the petitioner on the basis of his success in the preliminary examination and for the purpose of enabling the petitioner to appear for the Main examination. The petitioner had filled up this application form and submitted it to the U.P.S.C., along with copies of his M.A., Degree certificate, first page of his S.S.L.C. register, Caste Certificate issued by the Tahsildar, Kakinada. The U.P.S.C., had conducted the Main examination in November-December, 1979. The petitioner bad appeared for the Main examination and had passed that examination also. Thereafter, the U.P.S.C., had called the petitioner for an interview on 26th May, 1980. At the interview the petitioner had submitted the original Caste Certificate issued by the Tahsildar, Kakinada.

(2.) The final results of the U.P.S.C., were published on 29-6-80 showing the names of persons selected for I.A.S, I.F.S., and other Services. While the petitioner's name appeared in this list of successful candidates, his roll number was shown separately as provisional indicating that the selection was provisional. This led the petitioner to address a letter to the Secretary, U.P.S.C., on 7-7-80 enclosing 1) a re-conversion certificate dated 29-9-78 issued by the Andhra Sudhi Sangham, Guntur, 2) his own affidavit sworn to before a Notary to the effect that he had renounced Christianity and embraced Hinduism, 3) Certificate from the Scheduled Castes Welfare Association, East Godavari District Branch, Rajahmundry to the effect that on re-conversion to Hinduism he was received back to Adi-Andhra Community, (4) Certificate from the village munsif showing that the petitioner belongs to a Scheduled Caste and (5) a declaration of the petitioner's father that the petitioner's ancestors belonged to Adi-Andhra Community and that he was re-converted to Hinduism.

(3.) The Under-Secretry of the U.P.S.C., in his letter dated 4-8-80 directed the petitioner to submit a certificate from the Sarpanch of Gram Panchayat to which the petitioner belonged to the effect that on conversion from Christianity to Hinduism, the petitioner had been accepted by the Adi-Andhra Community as one of them and he had become a member of that Caste. Through that letter, the petitioner was informed of the need for that certificate to mention the fact that necessary religious ceremonies were performed at the time of conversion. The certificate was also required to mention the names and addresses of those present at the conversion ceremony. These particulars were required to be furnished by the petitioner, because the earlier crtificate issued by the village munsif and submitted by the petitioner to the U.P.S.C., did not contain those particulars.