IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (SPECIAL ORIGINAL JURISDICTION) , THE DAY OF FEBRUARY TWO THOUSAND AND ELEVEN THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON’BLE SRI JUSTICE N. RAVI SHANKAR WRIT APPEAL No.1770 of 2003 BETWEEN: The District Collector, East Godavari, Kakinada and others … APPELLANT(S) And Korukonda Sreenu and another … RESPONDENT(S) THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON’BLE SRI JUSTICE N. RAVI SHANKAR WRIT APPEAL No.1770 of 2003 ORDER OF THE DIVISION BENCH: This writ appeal under clause 15 of the Letters Patent is filed questioning the order dated 21.04.2003 of a learned single Judge allowing Writ Petition No.11403 of 1991. The circumstances which led to the filing of this writ appeal can be stated as follows. 2. Writ Petition No.11403 of 1991 has been filed by one Korukonda Sreenu questioning the proceedings in R.Dis.No.B2/15927/90 dated 22.08.1991 passed by the District Collector, East Godavari, holding that one Sri Korukonda Nagaraju @ abbai and his children do not belong to Kondakapu community which is a scheduled tribe but they belong to Kapu community which is not a scheduled tribe. The learned single Judge quashed the said proceedings of the District Collector by his impugned order insofar as the said writ petitioner is concerned. 3. It must be mentioned here that the abovementioned Korukonda Nagaraju @ abbai and his sons and other family members filed another writ petition i.e. W.P.No.11781 of 1991 questioning the above same proceedings dated 22.08.1991 of the District Collector, East Godavari, by which as already stated supra he held that Korukonda Nagaraju and his children do not belong to Kondakapu community but belong to Kapu community. It should also be noted here that the petitioner Korukonda Sreenu in W.P.No.11403 of 1991 is admittedly the son of Sri Korukonda Venkatrao who is the third petitioner in W.P.No.11781 of 1991 and the said Korukonda Venkatrao is none other than a son of Sri Korukonda Nagaraju @ abbai. It must thus be noted that Korukonda Sreenu the petitioner in W.P.No.11403 of 1991 is admittedly the paternal grandson of Korukonda Nagaraju. 4. The learned single Judge disposed of both the writ petitions i.e. W.P.No.11403 of 1991 and W.P.No.11781 of 1991 on the same date i.e. 21.04.2003 by separate orders. It may be noted that while allowing W.P.No.11781 of 1991 the learned single Judge quashed the impugned proceedings dated 22.08.1991 referred to supra and remanded the matter back to the District Collector directing him to hold a de novo enquiry in the matter taking into consideration the order dated 11.11.1982 passed in W.P.No.5726 of 1982 and the order dated 08.08.1989 passed in W.A.No.1953 of 1983 on the file of this Court. We shall refer to the said writ petition and writ appeal a little later. However, in W.P.No.11403 of 1991 the learned single Judge quashed the above impugned proceedings dated 22.08.1991 insofar as the petitioner Korukonda Sreenu was concerned therein having regard to the orders passed in the above W.P.No.5726 of 1982 and W.A.No.1953 of 1983. 5. The present Writ Appeal No.1770 of 2003 is filed against the order allowing W.P.No.11403 of 1991 by the District Collector, East Godavari, the Sub-Collector Rampachodavaram, the Mandal Revenue Officer, Yeleswaram and the Director of Tribal Welfare, Hyderabad, who are respondents 1 to 4 in the said W.P.No.11403 of 1991 raising several grounds. The main ground is that the petitioners in W.P.No.11781 of 1991 and the sole petitioner in W.P.No.11403 of 1991 belong to the same family and that the learned single Judge having set aside the impugned proceedings of the District Collector in W.P.No.11781 of 1991 and remanded the matter back to the District Collector for holding a de novo enquiry ought not to have quashed the said proceedings insofar as the petitioner in W.P.No.11403 of 1991 was concerned and that he should have remanded the matter with regard to the said writ petitioner also to the District Collector for holding a de novo enquiry regarding his community as the petitioners in both the writ petitions belong to the same family. 6. We have gone through the separate orders dated 21.04.2003 passed by the learned single Judge in both the writ petitions and we find sufficient force in the contention of the learned Government Pleader. 7. We must now make a mention about W.P.No.5726 of 1982 and W.A.No.1953 of 1983. The material papers filed by the learned Government Pleader would show that earlier way back in 1982 Sri Korukonda Sreenu was denied seat in B-Tech (Civil) course in the College of Engineering at Kakinada, East Godavari District, in scheduled tribe quota on the ground that his claim that he belongs to Kondakapu community which is a scheduled tribe in our state basing on the certificates produced by him cannot be accepted. Thereupon the said Korukonda Sreenu filed W.P.No.5726 of 1982 seeking the relief of admission into the said college in scheduled tribe quota on the ground that he belongs to Kondakapu community and the Director of Tribal Welfare and the other authorities wrongfully denied him seat in the said quota. 8. A perusal of the order dated 11.11.1982 passed in W.P.No.5726 of 1982 would show that along with his application Korukonda Sreenu enclosed a community certificate issued by the Tahsildar, Yeleswaram, and also copies of documents including judgments of the Special Assistant Agent and further a certificate dated 18.08.1982 given by the Principal of Maharani College, Peddapuram, and also the 10th class transfer certificate dated 05.07.1980 issued by the Parishad High School, Addatheegala, showing that he belongs to Kondakapu community. The order in the said writ petition further shows that the respondents/ authorities therein raised several grounds. A learned single Judge of this Court however rejecting the contentions of the authorities in the said writ petition allowed it holding that petitioner on the strength of the above certificates should be treated as a scheduled tribe candidate and accordingly gave a direction that he be admitted as such in the Engineering College. It was also observed in the order passed in the said writ petition that no new material was forthcoming to hold that Korukonda Sreenu did not belong to scheduled tribe community. Thereupon the authorities filed W.A.No.1953 of 1983 questioning that order of the single Judge, but that writ appeal was dismissed by an order dated 08.08.1991 and that order became final. 9. Thereafter the District Collector, East Godavari, passed the present order dated 22.08.1991 referred to supra after considering certain complaints and making an enquiry holding that Korukonda Nagaraju and his family members do not belong to Kondakapu community. This order was separately assailed by Korukonda Sreenu in W.P.No.11403 of 1991, while his paternal grandfather and his father and paternal uncles and others filed W.P.No.11781 of 1991 questioning the very same proceedings dated 22.08.1991. 10. It may be noted that the facts narrated in the order in W.P.No.11403 of 1991 of Korukonda Sreenu would show that by the date of that writ petition he passed his engineering course and also got a job as an engineer in Government service in the scheduled tribe quota. The other details are not necessary but it appears that Korukonda Sreenu being none other than the paternal grandson of Korukonda Nagaraju felt aggrieved by the present impugned proceedings dated 22.08.1991 on the ground that the matter into his community certificate may also be reopened and it appears that on that apprehension he filed W.P.No.11403 of 1991 questioning the proceedings dated 22.08.1991. 11. The order dated 21.04.2003 passed in W.P.No.11403 of 1991 would show that the learned single Judge held that in the earlier orders passed in W.P.No.5726 of 1982 and W.A.No.1953 of 1983 Korukonda Sreenu must be held to have been finally declared as belonging to Kondakapu community and therefore the matter against him or into his community certificate cannot be reopened and in that view of the matter he quashed the impugned proceedings dated 22.08.1991 so far as he was concerned. Both the said orders pertain to the admission of Korukonda Sreenu into the Engineering College in question. The said order also reads that the Joint Collector, East Godavari, was summoned and warned for reopening the matter but we are not concerned with the said aspect also. 12. It should be noted that in the meanwhile the Andhra Pradesh (SC, ST & BCs) Regulation of Issue of Community Certificates Act, 1993, has come into force with effect from 15.05.1997. Section 5 of the said Act lays down that where before or after the commencement of the said Act a person not belonging to any of the scheduled castes, scheduled tribes or backward classes has obtained a false certificate to the effect that either himself or his children belong to such castes, tribes or classes, the District Collector shall be competent to hold an enquiry into the same either suo motu or on a complaint and enquire into the same and pass appropriate orders and he shall also be competent to cancel the certificate. Of-course whether in a given case whether the action of the District Collector under this provision is proper or not is again a matter which can be made subject of a judicial review. It may however be noted that once the paternal grandfather and father of the petitioner Korukonda Sreenu are declared as not belonging to Kondakapu community by the impugned proceedings dated 22.08.1991 it follows that he cannot also be treated as belonging to that community and to repeat apprehending reopening of the matter into his caste certificate by reason of the above impugned proceedings he has filed the above W.P.No.11403 of 1991. 13. It should be noted that whether the impugned proceedings dated 22.08.1991 are correct or not is not the question now. As already stated supra, the learned single Judge in his order dated 23.04.2003 passed in W.P.No.11781 of 1991 has set aside the same and remitted the matter back to the District Collector to pass orders afresh by holding a de novo enquiry. As contended by the learned Government Pleader the same order should have been passed in the writ petition of Korukonda Sreenu also inasmuch as he is none other than the paternal grandson of Korukonda Nagaraju and in fact this Korukonda Sreenu’s father Venkatrao was the third petitioner in W.P.No.11781 of 1991 while his paternal grandfather was the first petitioner therein. 14. Thus what emerges is that two inconsistent orders with regard to the impugned proceedings dated 22.08.1991 have been passed in the said two writ petitions. At the risk of repetition we must mention that Korukonda Sreenu, Korukonda Nagaraju and Korukonda Venkatrao all belong to the same family. Thus if it is held that Korukonda Sreenu’s father and his paternal grandfather do not belong to Kondakapu community it necessarily follows that Korukonda Sreenu cannot also be treated as belonging to the said community and if it is held in the de novo enquiry that Korukonda Nagaraju belongs to Kondakapu community all his children belong to the same community. Hence the order passed in W.P.No.11403 of 1991 quashing the impugned proceedings dated 22.08.1991 insofar as Korukonda Sreenu i.e. the petitioner therein is concerned cannot be said to be correct and to follow the rule of consistency while setting aside the impugned proceedings dated 22.08.1991 even the case of Korukonda Sreenu should have been remitted back to the District Collector, East Godavari, for a decision afresh as was done in W.P.No.11781 of 1991. In this view of the matter the earlier orders in W.P.No.5726 of 1982 and W.A.No.1953 of 1983 in the circumstances of this case cannot become a ground to quash the impugned proceedings insofar as Korukonda Sreenu is concerned in his writ petition. 15. Accordingly we allow this writ appeal and set aside the order passed in W.P.No.11403 of 1991 and remit the matter back to the District Collector, East Godavari, for passing fresh orders in the case of Korukonda Sreenu the petitioner therein also along with the case of his paternal grandfather and father and others. No costs. 16. Parting with the matter, we make it clear that even in the de novo enquiry in the case of Korukonda Sreenu, the District Collector shall take into consideration all the documents which may be filed by him in the course of the enquiry and also further consider the orders passed in W.P.No.5726 of 1982 and also W.A.No.1953 of 1983 in taking a decision. It must be noted here that this Korukonda Sreenu is now stated to be employed as an Engineer in Government service. Hence no action shall be taken against him by the authorities concerned in his service on the ground that he does not belong to scheduled tribe community till final orders are passed by the District Collector regarding his community one way or the other in the de novo enquiry. _____________________ A.GOPAL REDDY, J. _______________________ N. RAVI SHANKAR, J. 15th February 2011 CVRK