IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 17895 of 2000 Between: Zilla Vadabalija Sangham, Nalgonda Office: 4-11-374, Chaitanyapuri, Nalgonda-508 001, Rep. by its President Emmadi Bhadraiah S/o. Basavaiah, Aged about: 60 years. ..... PETITIONER AND 1 Govt. of Andhra Pradesh Rep. by its Chief Secretary Secretariat Buildings, Hyderabad. 2 Secretary, Backward Classes Welfare Department Govt. of Andhra Pradesh, Hyderabad. 3 District Collector Nalgonda, Andhra Pradesh. 4 Mandal Revenue Officer Nalgonda, Andhra Pradesh. .....RESPONDENTS 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, order or direction, declaring the proceedings of the district Collector, Nalgonda, the 3rd respondent herein, made in Lr.No.C6/18838/2000, dt. 2.9.2000 and the consequential Notice of the Mandal Revenue Officer, Nalgonda, the 4th respondent herein in AS 2993/2000, dt. 11.9.2000 as arbitrary, illegal, unjust, contrary to law, without jurisdiction, violative of Section 11 of Andhra Pradesh Commission for Backward Classes Act, 1993, and also violative of fundamental rights guaranteed under Articles 14, 15, 16, 21 and contrary to Articles 38, 39,46,338, and 340 of the Constitution of India, if necessary by declaring Sections 5 and 6 of Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993, as unconstitutional, suffering the vice of lack of Legislative competence and violative of Article 14, 15,16, 21 and Part-XVI of the Constitution of India and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstance of the case. Counsel for the Petitioner: MR.L.RAVICHANDER Counsel for the Respondents: ADVOCATE GENERAL The Court made the following : ORDER: (Per VE,J) The petitioner is an association of “Vadabalija” Caste in Nalgonda District by name Zilla Vadabalija Sangham. It is the case of the petitioner that Vadabalija Community is a recognized Backward Class Community in the State of Andhra Pradesh and the said caste is spread over all the three regions of Andhra, Rayalaseema and Telangana, including Nalgonda District. The petitioner challenges the letter dated 02.09.2000 addressed by the third respondent-District Collector, Nalgonda to the Revenue Divisional Officers of Nalgonda, Miryalguda, Bhongir and Suryapet and all the Mandal Revenue Officers in the District; and the notice dated 11.09.2000 issued by the fourth respondent- Revenue Divisional Officer, Nalgonda in proceedings No.AS/2993/2000. By the aforesaid letter dated 02.09.2000, the District Collector, Nalgonda while enclosing the proceedings of the Commissioner, Backward Classes Welfare Department, A.P., Hyderabad in Rc.No.9854/99-E2, dated 05.01.2000, requested the Revenue Divisional Officers of Nalgonda, Miryalguda, Bhongir and Suryapet and all the Mandal Revenue Officers in the District to go through the instructions of the Commissioner and instructed them not to issue “Vadabalija” Caste Certificate till further orders are issued. Insofar as the said letter dated 02.09.2000 is concerned, the learned Advocate General fairly conceded that the same is not in conformity with the communication of the Commissioner, Backward Classes Welfare Department, dated 05.01.2000. The proceedings of the Commissioner, Backward Classes Welfare Department, dated 05.01.2000 reads as follows: “An issue of forward class people belonging to Kshatriya and Baliji Castes are obtaining bogus caste certificates by claiming themselves as belonging to Agnikula Kshatriya and Vada balija in Telangana and Rayalaseema regions was brought to the notice of Government. In this regard I request you to ensure strict implementation of the Andhra Pradesh (SCs, STs & BCs) Regulation of issue of community certificate Act 1993 and the rules issued thereon. The Act has been enacted to curb effectively the civil practices of producing false community certificates by devising strict procedure for the issue of such certificates and prescribing deterrent punishment to those who produce false community certificates Rule 9 of the said rules provide procedure for dealing with those who obtain bogus caste certificates. I request you to instruct all the B.C.Caste Certificates issuing authorities under your jurisdiction to ensure above provision there by controlling the bogus caste certificates problem.” A perusal of the above letter dated 05.01.2009 discloses that some forward class people belonging to Kshatriya and Balija castes in Telangana and Rayalaseema regions were obtaining bogus Caste Certificates by claiming that they belong to Agnikula Kshatriya and Vadabalija and the same was brought to the notice of the Government. Therefore, the Commissioner requested all the District Collectors in Rayalaseema and Telangana Regions to ensure strict implementation of the Andhra Pradesh (SC, ST & BCs) Regulation of Issue of Community Certificates Act, 1993 (for short ‘the Act”) and the rules issued thereunder and to take appropriate action for violation of the said Act. He further instructed all the B.C.Caste Certificates issuing authorities to ensure that the provisions of the Act were implemented by controlling the issue of bogus caste certificates. In view of the same, we are of the opinion that the said instructions issued by the Commissioner, Backward Classes Welfare Department are in conformity with the Act and the rules made thereunder, and therefore, the petitioner has rightly not questioned the said proceedings and only questioned the letter dated 02.09.2000 issued by the District Collector, Nalgonda on the ground that it is not in conformity with the proceedings dated 05.01.2000 issued by the Commissioner, Backward Classes Welfare Department as well as the Act and the rules made thereunder. In that view of the matter, the District Collector, Nalgonda cannot give instructions to the Revenue Divisional Officers not to i s s u e Vadabalija Caste Certificate altogether though persons belonging to the said caste were there in Rayalaseema and Telangana Regions, including Nalgonda District. What was instructed by the Commissioner by letter dated 05.01.2000 is not to issue bogus Caste Certificates and to ensure that the provisions of the Act are implemented by controlling the issue of such bogus Caste Certificates. Therefore, the letter of the District Collector, Nalgonda, dated 02.09.2000 is unsustainable and the same is liable to be set aside. The learned counsel appearing for the petitioner submitted that the first paragraph of the notice dated 11.09.2000 issued by the Mandal Revenue Officer, Nalgonda discloses that it was issued on assumptions and presumptions that Vadabalija Community is not there in Telangana and Rayalaseema areas, which is without any justification. We find force in the said contention as there cannot be any presumption that Vadabalija Community is not existing in Telangana region. Insofar as the second paragraph of the letter dated 11.09.2000 is concerned, we are of the opinion that verification of caste certificates belonging to Vadabalija Community can be proceeded on the grounds specified under the Act and the rules made thereunder, but not on the ground mentioned in first paragraph of the said letter stating that there is no Vadabalija Community existing in Telanagana and Rayalaseema areas. Accordingly, first paragraph of the notice dated 11.09.2000 is clarified. The petitioner also questions the validity of Sections 5 and 6 of the Act. In view of the aforesaid clarification made by us, the learned counsel for the petitioner conceded that he did not want to press the issue as to the Constitutional validity of Sections 5 and 6 of the Act. That being so, under Sections 5 and 6 of the Act, it is always open for the competent authority to weed out false certificates and also to enquire into the genuineness of the Caste Certificates obtained by the respective parties. Insofar as verification of the caste certificates is concerned, it is always open for the concerned authority to verify and if they gather any material to doubt any caste certificate, they can report the same to the concerned authority for taking appropriate action in accordance with law. With the aforesaid observations, we dispose of the writ petition setting aside the letter of the District Collector, Nalgonda, dated 02.09.2000 as well as clarifying the Notice of the Mandal Revenue Officer, Nalgonda, dated 11.09.2000. No costs. V.ESWARAIAH, J SANJAY KUMAR, J Date: 29.04.2009 va