NAGAM CHANDRASHEKARA LINGAM Vs. GOVT OF INDIA

JUDGEMENT

(1.) W.P. No. 7548 of 1983 was filed by Sri Nagam Chandrasekhara Lingam who was selected in the year 1981 by the Union Public Service Commission for appointment in the Indian Administrative Service. He was not called for training along with other selected candidates. As such he filed this writ petition seeking a declaration that he is entitled to be sent for training. Subsequently, he filed W. P. No. 7356 of 1984 questioning the validity of G.O. Ms. No. 51, Social Welfare (J) Dept., dated: 20-3-84 issued by the Government of Andhra Pradesh by which the social status certificate issued to him on 27-10-1980 as belonging to the Beda Jangam community, a scheduled caste was cancelled. The Andhra Pradesh Beda jangama Sangam and two others filed W.P. No. 10302 of 1984 seeking a declaration that G.O.Ms. No. 51, Social Welfare (J) Department dt. 20-3-1984 and the Memo No. 543/J2/84-1, dated: 3 4-1984 issued by the Government of Andhra Pradesh are null and void. By the said memo the concerned Revenue and Social Welfare authorities in the districts were directed to cancel the false certificates obtained by the Jangams as belonging to Beda Jangam Community and proceed against them criminally also besides withdrawing their educational seats and cancelling the jobs given under reservation. The authorities were further directed to recover the scholar-ships given earlier to such persons.

(2.) Under the Scheduled Castes and Scheduled Tribes (Modification) Order, 1956 Beda(Budga) Jangam community in Telangana region was enumerated as a Scheduled caste and included in the list of Scheduled castes. In the year 1976 the Scheduled Cashes and Scheduled Tribes Order (Amendment) Act, 1976 was enacted. By virtue of the said Act the area restriction imposed under the earlier Scheduled Castes and Scheduled Tribes (Modification) Order, 1956 in respect of Beda (Budga) Jangams was removed and the castes Beda Jangam and Budga Jangam were declared as Scheduled Castes throughout the State of Andhra Pradesh. The Governor of Andhra Pradesh issued G 0 Ms No. 838 dt : 15-12-77 amending the rules in part-I of the A P State and Subordinate Service Rules with effect from 27-7-77. Asperthis amendment Beda Jangam Budga Jangam Mala and Jangam communities were notified as scheduled castes throughout the State of A P. Sri Nagam Chandrasekhara Lingam, the petitioner in W P Nos. 7548 of 1983 and 7356 of 1984 obtained a certificate dt : 27-10-80 from the Tahsildar, Ongole that he belongs to Beda Jangam community, a scheduled caste. He enclosed this certificate to the application for selection to the Indian Administrative Service. He was selected in 1981 against a post reserved for scheduled castes. Subsequent to his selection a representation was made in writing to the Central Government by one Sri Vijaya Kumar, President Ambedkar Mission, Visakhapatnam stating that the petitioner belongs to Jangam caste which is one of the backward castes in the State and he does not belong to Beda Jangam caste which is one of the scheduled castes in the State. That representation was forwarded to the State Government for purpose of taking appropriate action in the matter. Thereafter, the State Govt. directed the Collector, Prakasam District to enquire into and submit a report whether the petitioner belongs to Beda Jangam Community or not. The learned Government Pleader appearing for the State Government has produced the relevant records. It is seen from the records that the Collector, Prakasam district in D. 0. Rc. No. 3269/83 E-2 dated 21-4-1983 submitted a report to the State Government stating that the petitioner belongs to Beda Jangam community. On the basis of this report Sri V Chandra Mowli the then Secretary to the Government of Andhra Pradesh, Social Welfare Department informed the Government of India in his D O Letter No. 1124-J2/82-8 dated: 23-5-1983 that "thS detailed enquiry of the District Collector of Prakasam District reveals that Sri N. Chandra Sekhara Lingam belongs to 'Beda Jangam' community which is the Scheduled Caste through out the State of Andhra Pradesh. On a further representation to the Central Government by the Andhra Pradesh Scheduled Castes Welfare Association that some persons belonging to Jangam community in the district of Prakasam obtained false certificates as belonging to Beda Jangam community which is a scheduled caste in Andhra Pradesh and that Sri Chandrasekhara Lingam produced one such false certificate as belonging to the scheduled caste of Beda Jangam and qualified in the Indian Administrative Service Examination in the year 1981 against a vacancy reserved for Scheduled castes, the Central Governmentforwarded the representation to the State Governent and requested them to conduct a thorough enquiry into the matter. Consequently, the State Government appointed on 28-1-84 Sri T Muni Venkatappa the then Commissioner of Welfare, Social Welfare Department, Government of Andhra Pradesh to conduct a de novo enquiry and submit a report. The record reveals that the terms of enquiry are as follows :

(3.) The Commissioner, Social Welfare Department issued notice to the petitioner Sri Chandrasekhara Linpam and conducted the enquiry from 7-3-1984 and submitted a report dated 18-3-1984 to the State Government stating that the Jangam community in Prakasam district does not have the disability of untouchability and the Janqams of the District are not Beda (Budga) Jangams. It is mentioned that Sri Chandrasekhara Lingam does not belong to the Scheduled caste of Beda Jangam and as such his social status certificate deserves to be cancelled. The Commissioner suggested that similar false certificates obtained by others also should be cancelled. On the basis of this report, the State Government issued the impugned G O Ms. No, 51, Social Welfare (J) Department dt : 20-3-1984 cancelling the social status certificate issued on 27-10-1980 in favour of Sri N. Chandrasekhara Linpam by the Tahsildar, Ongole. The State Government also issued memo. No. 543/J2/84-1 dt : 3-4-1984 directing the Revenue and Social Welfare authorities in the districts to cancel the false certificates obtained by Jangams as belonging to Beda Jangam community and to proceed against them criminally besides withdrawing their educational seats and cancelling the jobs given under reservation. The authorities were also dhected to recover the scholarships given earlier to such persons.