IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION Nos. 14515 OF 1995 AND 4016 OF 1996 WRIT PETITION NO : 14515 of 1995 Between: Mumanna Viswasuresh son of Mumanna Krishna Murthy R/o. Pratapnagar, Kakinada East Godavari District ..... PETITIONER AND 1 The Director of Tribal Welfare Andhra Pradesh, Telugu Samakshema Bhavan, Masab Tank Hyderabad 2 Andhra Pradesh Public Service Commission Rep. by its Secretary, Andhra Pradesh Gruha Kalpa, Hyderabad .....RESPONDENT(S) Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue a Writ or order or Direction essentially in the nature of Writ of Mandamus directing the Respondent No.1 to forward to the Respondents No.2 the original Caste Certificate of the Petitioner obtained by him during the course of enquiry initiated by him against the petitioner or in the alternative forward a latest Caste Certificate to the Respondent No.2 on the basis of the caste certificate in his custody and showing the petitioner herein as belonging to kondakapu caste (Scheduled Tribe) by holding that the Respondents herein are bound to treat the petitioner herein as belonging to kondakapu caste (ST) on the basis of the certificate issued him And pass any such other order or orders as this Hon'ble High Court may deem fit, proper and necessary in the circumstances of the case. Counsel for the Petitioner: MR.THOOMSRINIVAS Counsel for the Respondents: GP FOR SOCIAL WELFARE WRIT PETITION NO : 4016 of 1996 Between: Mumanna Viswasuresh S/o Mumanna Krishnamurthy R/o Pratapnagar, Kakinada, East Godavari Dist. ..... PETITIONER AND The Director of Tribal Welfare, A.P. TELUGU SAMKSHEMA BHAVAN, MASAB TANK, HYDERABAD. .....RESPONDENT Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court will be pleased to call for records pertaining to proceedings No.3510/12/88-TRI-2, dt.14/9/95 issued by the respondent herein and set aside the same as illegal, arbitrary, irrational, discriminatory illogical, violative of the principles of natural justice; and violative of Art.14 & 16 of the Constitution of India, and consequently direct the respondent herein to treat the petitioner herein as belonging to scheduled tribe i.e. Kondakapu community by the issuance of Writ of mandamus Counsel for the Petitioner:MR.J.SUDHEER Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : COMMON ORDER: The petitioner studied B.E and he claimed the social status of a scheduled tribe candidate, namely Kondakapu. The Andhra Pradesh Public Service Commission had initiated steps for appointment of Assistant Executive Engineers. The social status of the petitioner was doubted by them. The Director of Tribal Welfare conducted a detailed enquiry and submitted report dated 14-09-1995 pointing out that the caste certificate produced by the petitioner is not genuine. Writ Petition No. 14515 of 1995 is filed for a direction to the Director of Tribal Welfare to forward the original caste certificate to the Andhra Pradesh Public Service Commission. Writ Petition No. 4016 of 1996 is filed against the proceedings dated 14-09- 1995 issued by the Director of Tribal Welfare. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents. The writ petitions came to be filed in the context of the eligibility of the petitioner to be treated as a scheduled tribe candidate for appointment to the post of Assistant Executive Engineer by the Andhra Pradesh Public Service Commission under a limited recruitment for SC, ST candidates. After a detailed enquiry, the Director of Tribal Welfare opined that the petitioner does not belong to scheduled tribe. However, his opinion is not final. The Andhra Pradesh State Legislature has enacted the Andhra Pradesh (SC/ST/BCs) Regulation to Issue of Community Certificates Act, 1993 (for short, ‘the Act’) prescribing the procedure to be followed for issuance of a caste certificate or cancellation thereof. Rules were also framed. The report dated 14-09-1995 submitted by the Director of Tribal Welfare cannot by itself alter the social status of the petitioner. The proceedings have ultimately to be initiated under the Act and the rules. It is not known whether the petitioner has been selected for the post concerned. Be that as it may, the writ petitions are disposed of observing that the determination of the social status of the petitioner shall be directly in accordance with the procedure prescribed under the Act and the rules framed thereunder. L.NARASIMHA REDDY, J 02-12-2008 ks