JANNI GANGA Vs. GOVT. OF AP

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India to issue a writ of Certiorari, setting aside the proceedings in G.O.Ms.No.21 Social Welfare (CV2) Department, dated 28.02.2004 declaring the same as illegal, arbitrary, contrary to the rules, principles of natural justice and to pass consequential orders.

(2.) The petitioner Smt.Janni Ganga, is the daughter of Sri Janni Gumpa Swamy, who belongs to schedule tribe. In the year 1972 at the age of 10 years, she was admitted in Panchayat Samithi School, Komarada in Vizianagaram District in first class by her father. At that time necessary entries were made in the school records mentioning her caste as 'JATHAPU' which is a scheduled tribe. By the date of her admission into school, she was only a minor and basing on the information furnished by her father, those entries were made. She prosecuted her studies up to V class in the Panchayat Samithi School and later completed her studies in Z.P. High School, Komarada up to X class and she passed X class in the year 1983. In all the school records, her caste was shown as 'JATHAPU' which is the scheduled tribe, daughter of Janni Gumpa Swamy. During prosecution of studies, she was a boarder in Tribal Welfare Ashram Girls Hostel, Komarada, enjoyed all the benefits of a student belonging to scheduled tribe. She obtained a community certificate from Mandal Revenue Officer, Komarada on 26.09.1986, who certified that she belongs to scheduled tribe, secured employment in the year 1986 as a Single Teacher in the Integrated Tribal Welfare Development Agency, her name was sponsored for training in Teacher Training Course by ITDA and after completion of her training, in the year 1988, she joined in employment.

(3.) While the matter stood thus, in the year 1990 Sub - Collector, Parvathipuram has cancelled her caste/community certificate issued by the Mandal Revenue Officer, Komarada on the complaint of Janni Gumpa Swamy, who is the father of the petitioner, wherein he stated that the petitioner is the daughter of another G.Gumpa Swamy, who belongs to Koppala Velama caste, who managed to substitute the petitioner in the place of Janni Ganga D/o.Janni Gumpa Swamy, who discontinued her studies long back. The reason for such complaint is that the petitioner married one Tangudubilli Satyanarayana who belongs to backward class, against the will of her father. She further contended that her children are enjoying the benefits of backward community obtaining 'BC' caste certificate.