HON’BLE SRI JUSTICE A. GOPAL REDDY W.P.No.24791 of 2002 Dated: 24-02-2011 Between: Morchi Kumar Swamy …Petitioner AND The District Collector, Srikakulam District, Srikakulam and Another. Respondents This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY W.P.No.24791 of 2002 ORDER: Petitioner claims to be a member of Bentho Oriya (ST) community. He applied for issuance of Benth-Oriya (ST) caste certificate before the Revenue Divisional Officer, Tekkali-second respondent herein for enabling him to appear for the test of Teachers recruitment under the S.T. category. While the said matter is pending before the second respondent, he filed W.P.No.25580 of 2000 and obtained a direction to the second respondent to enquire into the claim of the petitioner for issuance of a S.T. caste certificate treating him as a member of Bentho Oriya community. In pursuance to the said direction, the Mandal Revenue Officer, Santhabommali enquired into the matter and by letter, dated 12.2.2001 reported that the petitioner earlier obtained Bentho Oriya (S.T.) caste certificate fraudulently by misrepresenting the facts before the Mandal Revenue Officer, Santhabommali Mandal with an intention to secure a job under S.T. category and he requested for counter-signature of the second respondent as the Mandal Revenue Officer is not competent to issue Bentho Oriya (S.T.) caste certificate in the plain area as per G.O.Ms.No.122 (SW) Department dated 1.9.1997, where the second respondent was conferred jurisdiction to issue such certificate. Basing on the said report, the second respondent by order dated 16.2.2001 rejected the request of the petitioner to treat him as Bentho Oriya (S.T.) community as he belongs to “Oddi” by caste, which is treated as B.C.- A category at serial No.37 in the list of Backward Class. Aggrieved by the said orders, petitioner filed W.P.No.21316 of 2001 and this Court by order, dated 12.10.2001 dismissed the writ petition holding that the petitioner had not exhausted the alternative remedy of appeal. On dismissal of the writ petition, the petitioner filed an appeal before the District Collector-first respondent herein. Meanwhile, he also filed W.P.No.11987 of 2002 for setting aside the order of the second respondent, dated 16.2.2001 and for consequential direction to the respondents to issue Bentho Oriya S.T. certificate to the petitioner. Since the petitioner had already preferred an appeal before the first respondent on 30.11.2001 and as the same was pending consideration, this Court by order dated 8.7.2002 disposed of the writ petition directing the appellate authority-first respondent to decide the appeal preferred by the petitioner within a period of two weeks from the date of receipt of the order. Pursuant to the directions issued by this Court, dated 8.7.2002, the first respondent, under Rule 9(1) of the A.P. (SC/ST/BC/) Issue of Community, Nativity and Date of Birth Certificate Rules, 1997, referred the matter to the District Level Scrutiny Committee headed by Joint Collector as its Chairman. The Chairman of the Committee i.e. the Joint Collector issued notice to the petitioner in Form-VI requiring him to attend before the Scrutiny Committee on 20.12.2001 at 4.00 p.m. and to furnish documentary evidence in support of his claim. Accordingly, the petitioner appeared on that date but did not produce any documents. Therefore, the matter was adjourned from time to time for giving opportunity to the petitioner and finally it was adjourned to 14.6.2002 as a last chance. On the said date the petitioner appeared and filed Transfer Certificate issued by the educational institutions, Bentho Oriya caste certificate issued to him and some other persons, Voter list of Yamalapeta village for the year 1999 and the copy of Government Memo No.22427/CV-2 dated 3.5.1999. The District Level Scrutiny Committee after perusal of the documents filed by the petitioner unanimously recommended for cancellation of the false caste certificate obtained by the petitioner from the Mandal Revenue Officer, Santhabommali rejecting his claim for issue of Bentho Oriya (S.T.) caste certificate. On submission of the report, the first respondent in compliance with the orders issued by this Court in W.P.No.19577 of 2000, dated 7.1.2001 served a notice on the petitioner to attend before him on 2.9.2002 by giving him an opportunity for making representation with documentary evidence, if any, available with him to support his community claim. Accordingly, the petitioner attended before the first respondent and the first respondent after verifying the documents filed by the petitioner and the report of the District Level Scrutiny Committee, by the impugned order, cancelled the Bentho Oriya (S.T.) community certificate stating that the same was fraudulently obtained by the petitioner from the then Mandal Revenue Officer, Santhabommali. Questioning the same, the present writ petition is filed contending that the District Level Scrutiny Committee consisting of six members blindly rejected the documents submitted by the petitioner and though he filed the community certificate issued to his father nearly 30 years ago and the caste certificate issued to his uncle and relatives about 20 years ago, the same were not taken into consideration by the Committee. Therefore, the impugned order passed by the first respondent basing upon the report of the Committee is arbitrary, illegal and the same is liable to be quashed. A detailed counter affidavit has been filed by the second respondent stating that the petitioner fraudulently obtained Bentho Oriya (S.T.) caste certificate from the then Mandal Revenue Officer, Santhabommali Mandal, and that, in fact, the petitioner belongs to “Oddi” by caste treated as B.C.-A at serial No.37 in the list of Backward Class. Pursuant to the directions issued by this Court in W.P.No.25580 of 2000, the matter was enquired into by the Mandal Revenue Officer, Santhabommali and by his letter dated 12.2.2001 reported to the second respondent that the petitioner obtained Bentho Oriya (S.T.) caste certificate fraudulently by misrepresenting the facts before the Mandal Revenue Officer, Santhabommail. The petitioner failed to produce necessary documentary evidence in support of his claim as contemplated by the guidelines issued in the Govt. Memo No.22427/C.V.-2 dated 3.5.1999 to treat his caste as Bentho Oriya. Further the local enquiry revealed that the petitioner belongs to “Oddi” B.C. community, and therefore, the second respondent issued an endorsement in R.C.33/2001 G dated 16.2.2001 to the petitioner rejecting his request for treating him as Bentho Oriya caste. Aggrieved by the same, the petitioner filed W.P.No.21316 of 2000 and the same was dismissed on 12.10.2001 holding that the petitioner is having an effective alternative remedy of appeal. Later petitioner filed the appeal before the first respondent and pending the same, he filed W.P.No.11987 of 2002 and the same was disposed of directing the first respondent to complete the enquiry within a period of two weeks from the date of receipt of the copy of the order. Thereafter the first respondent got enquired the matter through the District Level Scrutiny Committee and basing on its report, passed the impugned order rejecting the claim of the petitioner. In para 5 of the counter affidavit, it is categorically stated that the petitioner failed to produce the relevant documents in support of his claim before the District Level Scrutiny Committee though he was given several opportunities. Finally, on 14.6.2002, the petitioner filed certain documents like transfer certificates issued by the educational institutions, Bentho Oriya caste certificate issued to him, voters list of Yemalapeta Village for the year 1999, which do not support his claim. On the other hand, the Mandal Revenue Officer, Santhabommali after enquiry into the matter in the village reported that most of the people in yemalapeta village belong to “Oddi” caste which was included in the list of Backward Classes as Group-A at serial No.37 and the petitioner also belongs to “Oddi” caste whose socio-economic culture is quite identical with the Backward Class people. The guidelines issued in Govt. Memo No.22427/CV-2 (SW) Department dated 3.5.1999 clearly specify that if the certifying authority is not able to establish the identity of the claimant beyond the reasonable doubts on the basis of enquiry conducted by him, the concerned authority may issue Bentho Oriya (S.T.) caste certificate to those persons whose names or their direct descendents are found recorded in the Electoral Rolls of 1951 as Bentho Oriya. But the petitioner failed to produce the documents as required by the said guidelines and therefore, he is not entitled to be issued Bentho Oriya (S.T.) caste certificate. No reply has been filed by the petitioner detailing about the caste certificate issued to his father and his relatives by the competent authority certifying that they belong to Bentho Oriya (S.T.) community and the relationship the petitioner had with them. The petitioner has also not disputed the correctness of the report submitted by the Mandal Revenue Officer, Santhabommalli to the second respondent and also the report of the District Level Scrutiny Committee, which enquired into the matter as per the directions issued by the first respondent. Even after submission of the report by the District Level Scrutiny Committee, the petitioner has also failed to substantiate his case before the first respondent. In that view of the matter, the impugned order does not suffer from any manifest illegality or incurable infirmity warranting interference by this Court. The writ petition fails and the same is accordingly dismissed. No order as to costs. ________________ A. GOPAL REDDY, J. FEBRUARY 24, 2011 Tsr.