THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 1804 of 2008 JUDGMENT: (per Hon’ble Smt. Justice T. Meena Kumari) This writ appeal is filed against order dated 19.1.2007 in W.P.No.15254 of 1997, whereby the learned single Judge set aside the proceedings in RC No.2747/96/TR1/VC-1, dated 16.6.1997 passed by the 1st respondent-appellant. Respondent No.1 herein filed the above writ petition seeking to quash the proceedings dated 16.6.1997 on the ground that though she belongs to ‘Bentho Oriya’ community, a Scheduled Tribe, the appellant, without having any jurisdiction, conducted enquiry and passed impugned order dated 16.6.1997, with incorrect and irrelevant findings holding that the writ petitioner belongs to ‘Sistikaranams’ community and she is not entitled for a seat in First Year ‘MBBS’ course under ST Quota in any medical college in Andhra Pradesh. The learned single Judge having observed that as per the provisions of the A.P. (SCs, STs and BCs) Regulation of Issue of Community Certificates Act, 1993 (for short, ‘the Act’), it is only the Collectors of the respective Districts, who are competent to hold enquiry and cancel the caste certificates, ultimately if it is found to be bogus and the order impugned in the writ petition is wholly without jurisdiction, allowed the writ petition setting aside the order impugned. Having aggrieved by the same, the 1st respondent-appellant filed the present writ petition. Heard the learned Government Pleader for Social Welfare for the appellant and the learned Counsel appearing for the 1st respondent-writ petitioner. The learned Government Pleader contended that the caste certificate of the father of the writ petitioner was also cancelled by the District Collector, East Godavari, in proceedings dated 15.12.2000 and that the 1993 Act is made to prevent production of false community certificates and also to prevent from acquiring employment or seats as the case may be on the basis of false caste certificates and that the benefits of Special Provisions made for advancement of SCs, STs & BCs in the matter of public employment and the Educational opportunities are not reaching such caste, tribes and classes due to fake certificates and the learned Single Judge failed to consider all these aspects and that the order of the learned single Judge setting aside the impugned order dated 16.6.1997 will not be a bar to conduct enquiry afresh in pursuance of the 1993 Act. While adducing an affidavit of the writ petitioner-1st respondent, under which she undertakes that she should not utilize her community status for further studies or future Government employment and she is not doing any government job at present and that she will not claim any reservation under ST quota for her future further studies or future Government employment, the learned Counsel appearing for the writ petitioner-1st respondent submitted that in view of the undertaking, the appeal may be disposed of, without there being any recourse of further enquiry. In the facts and circumstances of the case and in view of the undertaking given by the writ petitioner-1st respondent, without expressing any opinion on the merits of the case, we deem it proper to dispose of the writ appeal with a direction that the writ petitioner-1st respondent shall not utilize the ST community certificate for Government employment and for further studies. Subject to the above observations, the writ appeal is disposed of. No order as to costs. ________________________ Justice T. Meena Kumari ______________________________ Justice C.V. Nargarjuna Reddy Dated: 9th February, 2009 Nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 1804 of 2008 (Judgment delivered by the Hon’ble Smt. Justice T. Meena Kumari) 9th February, 2009