LAWS(APH)-2003-10-7

CHILWAR SAROJINI DEVI Vs. GOVT OF A P

Decided On October 17, 2003
CHILWAR SAROJINI DEVI Appellant
V/S
GOVT, OF A.P. REP. BY ITS DIRECTOR OF TRIBAL WELFARE DEPT. HYDERABAD Respondents

JUDGEMENT

(1.) This writ petition is filed aggrieved by the impugned order passed by the third respondents-the Commissioner of Tribal Welfare, Government of Andhra Pradesh through his proceedings dated 5-3-1993 addressed to the second respondent-the Deputy Director of Social Welfare Department marking copy of the same to the writ petitioner.

(2.) The Commissioner of Tribal welfare, after enquiring into the social status of the petitioner, observed that the case of the petitioner cannot be considered as a member of scheduled tribe in the State of Andhra Pradesh and as such she cannot be considered for appointment as Matron in Government Social Welfare hostels in a vacancy reserved for scheduled tribe candidates of Andhra Pradesh State. It is stated that the said proceedings were issued by the third respondent following the circular issued by the Government of India Ministry of Home Affairs dated 22-2-1985 which is violative of Article 19 of the Constitution. It is further stated that the order places restriction on the fundamental right which will have validity throughout the territory of India and hence it is in violation of the provisions of Constitution of India. It is further contended that it was not mentioned in the notification issued calling for applications to fill up the posts of Matrons in the Andhra Pradesh Government Social Welfare Hostels that the scheduled caste and the scheduled tribe candidates notified in other State are not entitled for the posts of matrons in the Government Social Welfare Department of Andhra Pradesh. Therefore it denies the opportunity to the Scheduled Tribe candidates notified in other States in the State of Andhra Pradesh. Therefore the petitioner seeks to quash the impugned proceedings of the third respondent.

(3.) The facts of the case are as follows: The parents of the petitioner namely Kushal Chand and Rukmini Bai originally hail from Talabkatta village in Hingoli Taluk, Parbhani District of Maharashtra State and erstwhile State of Nizam and the petitioner was born to them in the year 1957. The father of the petitioner was employed in All India Radio and as such he was transferred to All India Radio station, Hyderabad in the year 1963 and ever since then the petitioner lived with her parents at Hyderabad and she continued to live in Hyderabad even after her father's death. Her father belonged to "Mannerwarlu" community which is a scheduled tribe in Maharashtra State. It is further stated that after coming to know about the vacancies for the posts of Matrons Grade-II in the Welfare Department of the Government of Andhra Pradesh reserved for scheduled tribe candidates, she made an application for appointment to one of the said posts as she is having necessary eligible qualifications. Thereafter the second respondent directed the petitioner to appear for interview before the District Collector, Medak on 2-5-1992. Accordingly, she appeared and got selected as Matron Grade-ll in the Social Welfare Department but her posting orders have been kept in abeyance pending clearance certificate of her social status from the Director of Tribal Welfare. Accordingly notice dated 5-1-1993 was issued to the petitioner by the Director an accordingly she appeared before the Commissioner of Tribal Welfare on 21-9-1993 with all necessary documentary evidence and her statements were also recorded to establish her social status as a candidate belonging to scheduled tribe, she also filed supportive documents but surprisingly she received the impugned order dated 5-3-1993 from the second respondent passed by the third respondent holding that the petitioner is not eligible for appointment as Matron Grade-II in the Social Welfare Department as she does not belong to scheduled tribe community in the State of Andhra Pradesh. This order was passed by the third respondents on verification of the certificates produced by the petitioner i.e. caste certificate dated 21-7-1989 issued by the Executive Magistrate, Aurangabad and caste certificate issued by the Maharashtra Mannervarlu Samaz, Aurangabad and transfer certificate issued by the Head Master, Nrupathunga High School, Hyderabad wherein the column meant for recording the caste of the student was kept dash. Third respondents also followed the circular issued by the Ministry of Home Affairs in B.C.160141/1/82-S.C & BC.D.I, dated 22-2-1985 clarifying that the scheduled caste and scheduled tribe persons who have migrated from his/her State of origin to some other State for the purpose of seeking education or employment will be deemed to be a scheduled caste/scheduled tribe of the State of his/her origin and will be entitled to derive the benefits from the State of origin and not from the State of which he/she has migrated.