VIJAYAKUMAR Vs. DIRECTOR OF TRIBAL WELFARE, HYDERABAD

JUDGEMENT

(1.) The Writ Petition is filed assailing the report of the 1st Respondent dated 30-7-1987 in Re. No. 1968 /85-TRI-VC-6 issued by the 1st respondent and to declare the petitioner's caste as "konda Kapu" community.

(2.) The petitioner submits that after passing Intermediate Course, he was admitted to Diploma course in Electrical Engineering in the Government polytechnic, Vijayawada. He passed the L. E. E. diploma course in 1983. However, the Principal refused to grant Memorandum of Marks and other certificates on the ground that the petitioner submitted a false caste certificate. He filed Writ Petition No. 15178/84. The learned single Judge allowed the Writ petition by orders dated 26-7-1985 and directed fresh enquiry after giving due opportunity to the petitioner. Consequently, notice for enquiry was issued on 18-10-1985 requiring the petitioner to attend the office on 15-11-1985. The petitioner submits that though enquiry was directed to be conducted within three months, it took nearly two years. He submits that he filed the 1st page of s. S. L. C. Register of his father and also his paternal uncle Sri Janardhan Rao, wherein the caste was mentioned as 'konda Kapu' and also produced the caste certificate issued by the Tahsildar, Nuzvid on 11-11-1962 to his father and another caste certificate issued on 3-5-1967 in respect of his father. He also filed other documents that the petitioner belongs to Konda Kapu. However, the grievance of the petitioner is that the 2nd respondent refused to consider his documents and on the other hand tried to rely on Ex. B-7 to B-9, the extract of the register of Withdrawals and Admissions from Elementary School, singannagudem and Gopalapuram. It is the case of the petitioner that none of the witnesses were examined on behalf of the department and only documents were marked to establish the genuineness of the documents, no witnesses were examined. However, the documents in B-series were admitted by the authority and relied on the same for the purpose of holding that the petitioner does not belong to Konda Kapu. He submits that the reasons were given in the report are absolutely misconceived. The petitioner further submits that his father was educated in 1948, when there is no Presidential Order treating Konda Kapu as a Scheduled Tribe. He also submits that certain other relatives with surname bursi also belongs to Konda Kapu community and they are admitted to the high Schools along with his father. He submits that the very documents relied on by the authority on earlier occasion were filed and therefore the enquiry is only an empty formality and hence submits that the entire proceedings are to be declared as illegal and invalid.

(3.) In the counter filed on behalf of the Respondents, it is stated that the petitioner was admitted in Diploma Course in Vijayawada in the seat reserved for Scheduled Tribe on the strength erf the community certificate issued by the tahsildar, Vijayawada. When the certificate was sent by the Principal of the govt. Polytechnic for verification, enquiries were made and it was revealed that the petitioner did not belong to Konda Kapu community, When the show-cause notice was issued to the petitioner as to why the admission to the Diploma course should not be cancealed, the petitioner filed W. P. No. 15178/1984 and the same was allowed on the ground that the enquiry conducted by the Revenue divisional Officer holding that the petitioner did not belong to Konda Kapu was violative of principles of natural justice as no opportunity was given to him. On that ground the entire proceedings were quashed and they were directed to conduct de novo enquiry. Consequently, the fresh proceedings took place. However, it is admitted in the Writ Petition that there was certain amount of delay which is attributable to the petitioner and also to unforeseen circumstances such as strike and the enquiries on caste certificate of engineering College students etc. It is stated that 21 documents were filed on behalf of the petitioner to established that the petitioner belongs to Konda kapu. However, the Department could not accept the same for various reasons mentioned in the enquiry report. On the other hand, the documents relied on by the Department Exs. B-1 to B-9 were found. to be reliable and accordingly, the petitioner was held to be non- Scheduled Tribe candidate. The said order is now assailed before this Court. The Respondents contend that the petitioner was given sufficient opportunity to adduce proper evidence to establish that he belongs to Konda Kapu. After considering the entire material on record, it was found that the petitioner did not belong to Konda Kapu community and therefore the order passed by the 2nd respondent is quite valid and the same is unassailable.