SANGEPU PREMALA Vs. GOVERNMENT OF A.P.

JUDGEMENT

(1.) Petitioner, a resident of Ichoda Village in Adilabad District and claims to be belonging to ST-Community (Naikpod), applied for position of School Assistant (Biological Science) under DSC-2008, as per notification No.307559. She provided a Certificate of Proof of Local Scheduled Tribe candidate (Lr.No.A4/681/2001, dt. 23/5/2001) issued by the 4th respondent, confirming her residence in the Scheduled Area since 26/1/1950. Despite securing 36 marks in the test (Hall Ticket No. 19112101199), her appointment was withheld citing alleged non-genuineness of submitted certificates in Rc.No.B2/12875/2008, dtd. 21/12/2009. Petitioner therefore, filed O.A. No. 31 of 2010 in Andhra Pradesh Administrative Tribunal, Hyderabad, contesting the decision and demanding appointment. While admitting the O.A., the Tribunal directed reservation of one post for her. However, memos (No. E/1835/09, dtd. 12/6/2010) and proceedings (No.E/859/2010, dtd. 25/6/2010) allegedly issued by the 3rd respondent were not communicated to her, thus denying her the opportunity to respond.

(2.) It is stated, the 3rd respondent requested the 4th respondent via Lr. No. E/1835/11, dtd. 11/5/2011 to provide a factual report on the genuineness of petitioner's Local Tribe Candidate Certificate. In response, the 4th respondent submitted an enquiry report on 13/1/2012 highlighting that petitioner's father Sri Peddanna, was listed in the Election Roll for the year 1975 at Sl.No.831 with House No. 4-61, when he was 38. Additionally, it noted that Sri Peddanna passed away in 2006 at the age 75. The report also mentioned that the Mandal Revenue Inspector (MRI) and Village Revenue Officer (VRO) recorded statements from village elder, aged about 75 years, who confirmed Peddanna's residency in Ichoda Village. It is stated that her father resided there since 1950 until his passing away in 2006. Consequently, according to petitioner, the Certificate issued to her on 23/5/2001 vide Lr.No.A4/681/2001 was deemed genuine.

(3.) This Court on 28/2/2013, passed the following interim order: