P. APPALARAJU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed declaring the impugned action of the respondents in registering the impugned Crime No. 86 of 2015 dtd. 3/8/2015 on the file of 7th respondent, as illegal and arbitrary.

(2.) The facts of the case are that the petitioner herein is a Post Graduate in M.Sc and also possessed B.Ed qualification on the basis of which the petitioner was selected as School Assistant (Maths) in DSC-2012 and working as such till date. He hails from Scheduled Tribe family. On 3/11/2011 the 3rd respondent has issued Notification for the posts of Stipendiary Cadet Trainee Su Inspector (Civil) and in Armed Reserve/APSC. The petitioner appeared for selection with Hall Ticket No. 656892 as a local candidate from Zone-I, the age qualification has been prescribed as 25 years maximum for O.Cs with the five years relaxation for Schedule Caste and Scheduled Tribe candidates. The petitioner earlier applied for caste certificate and upon detailed enquiry community certificate was issued by the 6th respondent vide Certificate No. 654/2011 dtd. 9/8/2011. Accordingly, the petitioner approached the office of Deputy Inspector General and submitted the caste certificate issued vide Certificate No. 654/2011 dtd. 9/8/2011 and also certificate with serial No. 270/2011dated 20/10/2011. Later the petitioner in fact approached the 4th respondent for confirmation of the social status of the petitioner by making representations upon which the District Collector directed the 6th respondent to conduct enquiry with regard to community certificate accordingly the 6th respondent conducted enquiry and submitted report vide proceedings Rc No. 259/2014/JA, dtd. 17/1/2015 certifying the genuineness of the social status of the petitioner and the certificate issued vide SR No. 654/2011. Upon which, the petitioner had submitted a copy of the same to the 3rd respondent through representation dtd. 2/6/2015. However without considering the same, the 3rd respondent straightaway issued proceedings vide Rc No. 314/R&T/GENL.1/2014 dtd. 8/7/2015 cancelling the selection of the petitioner on the only ground that the 6th respondent has not certified the genuinety of the case certificate with S. No. 270/2011 dtd. 20/10/2011 the 3rd respondent thereby concluded that the petitioner has produced fake caste certificate and further directed 5th respondent to initiate criminal action. Aggrieved by the same, the petitioner approached the A.P. Administrative Tribunal by way of filing OA No. 4439 of 2015, dtd. 22/7/2015 and the Tribunal directed learned Government Pleader to get instructions. Apart from cancelling the selection of the petitioner, the DIG of police straight away directed for initiating criminal action, upon which the 3rd respondent lodged a complaint before the 2nd respondent and a case in Crime No. 86/2015 has been registered under Ss. 419, 420, 466, 468, 471 and 198 IPC. Challenging the same, the present writ petition came to be filed.

(3.) Heard Sri G.V. Shivaji, learned counsel appearing for the petitioner and learned Assistant Government Pleader for Home appearing for the respondents.