S.VIJAYKUMAR Vs. DISTRICT EDUCATIONAL OFFICER

JUDGEMENT

(1.) The petitioner is a resident of Utnoor Village and Mandal of Adilabad District and he is a Scheduled Tribe. His social status as well as the nativity were certified by the Mandal Revenue Officer, Utnoor through certificate, dated 28.05.2001 in exercise of power under A.P.(Scheduled Castes, Scheduled Tribes and Backward Classes) Issue of Community, Nativity and Date of Birth Certificates Act (for short 'the Act') and the Rules made thereunder (for short 'the Rules'). The Government has taken up a special drive for appointing the S.T. candidates in the agency areas as teachers of different categories through District Selection Committee (for short 'the DSC') in the year 2012. The petitioner submitted application and in the process, he was selected.

(2.) However, at the time of issuing orders of appointment, the certificates submitted by him were verified and a doubt was expressed about the genuinity of a certificate, dated 03.02.2006 which reflected that the petitioner is a native of Utnoor Village and Mandal in the agency area. The DSC referred the matter to the District Collector, Adilabad, 2nd respondent herein. He in turn referred the matter to the District Level Scrutiny Committee (for short 'the committee') constituted under the Act and the Rules. The committee is said to have issued notice to the petitioner and thereafter submitted a report, taking the view that the certificate dated 03.02.2006 is not genuine. Acting upon the report, the 2nd respondent passed an order dated 01.09.2013 cancelling the certificate.

(3.) The petitioner filed O.A.No.4057 of 2013 before the A.P.Administrative Tribunal, ventilating his grievance. The Tribunal dismissed the O.A., through its order, dated 12.09.2013, on the ground that the petitioner has to avail the remedy of appeal under the Act and the Rules. Hence, this writ petition.