IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT APPEAL No.1303 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 19/06/2008 in WP NO : 12461 OF 2008 on the file of the High Court.) Between: Kunisetti Prakasa Rao, S/o. Kunisetti Reddamma, Samalkot Railway Station, Samalkot (V) & (M), East Godavari District. R/o. East Godavari District. ..... APPELLANT AND 1 The District Collector, East Godavari District, Kakinada. 2 District Level Scrutiny Committee, rep. by Joint Collector, Kakinada, East Godavari District. .....RESPONDENT(S) Counsel for the Appellant : MR.SATISH DESHPANDEY Counsel for the Respondents : GP FOR SOCIAL WELFARE The Court made the following : THE HON’BLE SRI JUSTICE D.S.R. VARMA AND THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT APPEAL No.1303 of 2008 ORAL JUDGMENT: (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel appearing for the appellant as well as the learned Standing Counsel for Railways. 2. This writ appeal is directed against the order, dated 19-06-2008, passed by a learned single Judge of this Court in W.P.No.12461 of 2008, dismissing the writ petition. 3. Appellant is the petitioner and respondents are respondents in the writ petition. 4. For the sake of convenience, in this judgment, the parties will be referred to as per their array in the writ petition. 5. The cause of action for the petitioner to file the writ petition was the notice, dated 06-05-2008, issued by the District Collector, East Godavari District, and the consequential proceedings, dated 14-05-2008, issued by the Liaison Officer & ARO/Ele., office of the Divisional Railway Manager(P), Vijayawada, whereby and whereunder the petitioner was directed to attend before the District Level Scrutiny Committee at Collector’s Office, East Godavari District, Kakinada, being held on 19-05-2008 for caste verification with all relevant documentary evidence in support of his caste claim. 6. The facts, in brief, that led for issuance of the above said proceedings are as under: The petitioner was appointed as Assistant Station Master in Railways on 07-12-1970 against a vacancy reserved for Scheduled Tribe candidates. To that effect a caste certificate, issued by the then Tahsildar, Gurajala, Guntur District, has been produced by the petitioner before the competent authorities. Subsequently, when the petitioner sought for return of his original caste certificate, which was produced by him at the time of his appointment, the same was not returned by the Railway authorities. 7. After a long lapse of time, when the petitioner was about to retire from service, a doubt has been expressed by the Railway authorities as regards the genuineness of the caste certificate produced by the petitioner and, therefore, the authorities had called upon the petitioner to file a fresh caste certificate. In obedience to the same, the petitioner had produced a caste certificate issued by the Mandal Revenue Officer, Gangavaram, East Godavari District. 8. From the above, it is obvious that there is a shift of place and the authority, who issued the caste certificate. As already noticed, initially the caste certificate furnished by the petitioner at the time of his appointment was obtained from the Tahsildar, Gurajala, Guntur District, whereas the subsequent caste certificate was obtained from the Mandal Revenue Officer, Gangavaram, East Godavari District. This naturally sprouted a further doubt in the mind of the Railway authorities. Therefore, the Railway authorities have ordered for an enquiry against the petitioner about the genuineness or otherwise of the caste certificate furnished by him. Accordingly, the petitioner was issued the notice, dated 06-05-2008, and the consequential proceedings, dated 14-05-2008, seeking him to attend before the District Level Scrutiny Committee meeting on 19-05-2008 for verification of his caste. Aggrieved thereby, the petitioner has filed the writ petition. 9. The learned single Judge, after an elaborate consideration of the matter, through the impugned order, dated 19-06-2008, dismissed the writ petition, leaving open to the petitioner to urge all the grounds, available to him, before the respondents, during the course of enquiry. Hence, the present writ appeal. 10. It is the contention of the learned counsel for the petitioner that the subsequent caste certificate was obtained by the petitioner from the Mandal Revenue Officer, Gangavaram, East Godavari District, because Gangavaram is in the Agency area and, therefore, it was imperative for the petitioner to obtain the caste certificate from the Agency area. Further that the fore-fathers of the petitioner hail from Gangavaram, which is an Agency area. 11. In such circumstances, it is quite natural to entertain a doubt as to why the petitioner has obtained the caste certificate from the then Tahsildar, Gurajala, Guntur District, which was not an Agency area and was not the place of his fore-fathers. Further, the defence taken by the petitioner as regards the obtaining of caste certificate from totally a different District other than the one from which he obtained the caste certificate initially at the time of his appointment would create a doubt, or atleast capable of creating a doubt, in the mind of the authorities. As a consequence thereof, the Railway authorities thought it fit to enquire about the genuineness or otherwise of the caste certificate produced by the petitioner. Accordingly, the respondents, exercising the jurisdiction conferred under Section 5 of the A.P. (SC, ST and BCs) Regulation of Issue of Community Certificates Act, 1993 ordered enquiry and directed the petitioner to attend before the District Level Scrutiny Committee meeting to be held on 19-05-2008. 12. Further more, it is only an order by the respondents seeking the petitioner to participate in the enquiry. No final decision has yet been taken contrary to the interest of the petitioner. If the competent authority is satisfied as regards the genuineness of the caste certificate produced by the petitioner, undoubtedly, orders would be in favour of the petitioner only. Therefore, the petitioner cannot object for the enquiry being conducted by the respondents. 13. In the above circumstances, we do not find any illegality in the orders passed by the respondents, nor there is any mis-appreciation of either facts or law in the impugned order passed by the learned single Judge, dismissing the writ petition. 14. For the foregoing, the writ appeal is liable to be dismissed as devoid of merits. 15. In the result, the writ appeal is dismissed, at the stage of admission. There shall be no order as to costs. ________________________ JUSTICE D.S.R.VARMA __________________________ JUSTICE G.CHANDRAIAH 11-12-2008. Msr. THE HON’BLE SRI JUSTICE D.S.R. VARMA AND THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT APPEAL No.1303 of 2008 11-12-2008 (Msr)