TIRUMALASETTY SURESH BABU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS Writ Petition has been filed by the very same petitioner in Writ Petition No. 13936 of 2014. He challenges the correctness of the orders passed by the District Collector on 19.09.2014, whereby the District Collector informed the District Educational Officer, SPSR Nellore District that amongst various others, the petitioner is also one who has produced a bogus social status certificate as member belonging to Scheduled Tribes and got employment as a Teacher on that basis and hence, requested him to take necessary follow -up action, under Section 11 of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993.

(2.) THIS proceeding, to the extent the writ petitioner is concerned, shall be hibernated till 31.12.2014. If the District Collector, SPSR Nellore comes to the conclusion that the writ petitioner does genuinely belong to the Scheduled Tribe community, then, he shall recall the proceedings, dated 19.09.2014. If, for any reason, he is not in a position to finalize the proceedings by 31.12.2014, he shall appropriately instruct the District Educational Officer, Nellore to await for his decision with regard to the genuineness of the social status claim of the petitioner before giving effect to the communication, dated 19.09.2014.

(3.) IT is very important to note that the benefits, which are meant for the members belonging to the Scheduled Castes and the Scheduled Tribes should be availed by the person, who genuinely belongs to those categories. If such benefits are put to misuse and abuse by any member, who does not belong to the Scheduled Castes or the Scheduled Tribes, apart from the criminal prosecution, which should be followed against any such person, in terms of Section 11 of the Act, he shall also be made to pay, as a measure of damages/compensation, for the civil wrong indulged in, for the false claim made and the benefits thus derived, by imposing suitable amount. Such amount, depending upon the nature of the benefit availed and its duration should vary from a sum of Rs. 1 lac to Rs. 25 lac. This measure should be adopted by the State as a policy, so that bogus and fake claimants will get deterred in making such claims.