IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 14609 of 2008 Between: Mr.Mohan Majji S/o.Sri Sevaka Majji R/o.Thippannaputtuga village, D.Gunapaputtuga Post, Itchapuram Mandal, Srikakulam District. ..... PETITIONER AND The Hindustan Shipyard Ltd., rep. by its Chief General Manager, Gandhigram, Visakhapatnam. .....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 issue writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings PD/SC&ST/3101/02/2008 dated 12.6.2008 issued by the respondent as illegal, arbitrary, untenable, contrary to the Andhra Pradesh scheduled (SC, ST & BC) Regulation of Issue of Community Certificates Act, 1993 and Rules 1997, Rule 16 and contrary to Article 14, 16 and 21 of the Constitution of India and consequently direct the respondent to appoint the petitioner as welder under ST quota pursuant to the trade test conducted on 31.1.2008 and pass such other order or orders. Counsel for the Petitioner:MR.G.TUHIN KUMAR Counsel for the Respondent No.: MR.P.V.SANJAY KUMAR The Court made the following : ORDER: The respondent issued a notification inviting applications for appointment to the post of Welder. The petitioner applied for being considered against a vacancy reserved for Scheduled Tribe candidates. The respondent issued a letter, dated 09.01.2008, informing the petitioner that he has been provisionally selected to the post of Welder against a Scheduled Caste vacancy and required him to submit various documents, on or before 31.01.2008. The petitioner claims to have approached the respondent with the relevant certificates, including the one of social status. When the order of appointment was not issued for quite some time, he made a representation, dated 06.06.2008. In reply to the same, the respondent addressed a letter, dated 12.06.2008, informing the petitioner that he shall have to submit the latest caste certificate issued by the competent authority, in the prescribed proforma, in accordance with the memo, dated 04.02.2005, issued by the Principal Secretary, Social Welfare Department, Government of A.P. The petitioner feels aggrieved by the same. He contends that the Revenue Divisional Officer, Srikakulam, had issued a caste certificate in the year 1999, certifying that the petitioner belongs to ‘Bentho Orya Community’, which is a Scheduled Tribe and that the same must be treated as final, till it is set aside under the provisions of the A.P. Scheduled (SC, ST & BCs) Regulation of Issue of Community Certificates Act, 1993 (for short “the Act”). Heard learned counsel for the petitioner and learned Standing Counsel for the respondent. The petitioner claimed the status of a Scheduled Tribe for being considered for appointment as Welder. His case was considered and he was, in fact, provisionally selected. However, before an order of appointment is issued, the respondent is required as to satisfy himself about the social status of the petitioner. It may be true that a certificate was issued in favour of the petitioner in the year 1999 by the Revenue Divisional Officer, Srikakulam. However, unless and until it is shown that the petitioner retains the same status as of now, he cannot be appointed against a reserved vacancy. There is no prohibition under the Act and the Rules made thereunder for issuance of any certificate. Further, even if there is a provision to the effect that the certificate issued thereunder would hold good until it is set aside, a letter or communication from the same authority, which issued certificate to the effect that the earlier certificate is genuine and that the petitioner continues to hold the same social status, would serve the purpose. Hence, the writ petition is disposed of, directing that it shall be open to the petitioner to approach the authority, who issued the social status certificate to him with a request to issue a fresh certificate and the said authority, in turn, shall consider the feasibility of issuing a fresh certificate, or to certify the genuinity of the one, which was issued by him earlier. As and when such a certificate, or communication is presented before the same respondent, the same shall be taken into account. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J. Dated:10.07.2008 GJ