IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION No : 4285 of 1998 Between: 1 K.C.Gurappa Naidu, S/o. Venkata Munaswamy Naidu, R/o. Puttur, Chittoor District. 2 C.Subramanyam Naidu, S/o. Venkataramaiah Naidu R/o. Puttur, Chittoor District. 3 K.Babu, S/o. Ramaiah, R/o. Puttur, Chittoor District. 4 B.R.Subramanyam, S/o. B.Ramachandraiah, R/o. Puttur, Chittoor District. ..... PETITIONERS AND 1 The Secretary to Govt., Backward Classes Welfare Dept., Govt. of A.P., Secretariat, Hyderabad. 2 The District Collector, Chittoor. 3 The Chittoor Zilla Agnikula Kshatriya Seva Sangam, Chittoor, Rep. by General Secretary. impleaded as per court order dt 24.4.98 in WPMP 11422/98 .....RESPONDENTS 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 a Writ, Order or direction, more particularly one in the nature of Writ of Mandamus, calling for the records relating to the Memo. No. 1959/C1/97, dated 06/11/1997, from the ﬁle of the 1st respondent and set aside the same by declaring the said Memo as arbitrary, unjust and contrary to law, Counsel for the Petitioner: Mr.V.JAGAPATHI Counsel for the Respondents: GP FOR SOCIAL WELFARE The Court made the following : ORDER: The present Writ Petition is ﬁled challenging the Memo No.1959/C1/97 dated 06-11-1997, issued by the Secretary to the Government, Backward Classes Welfare Department, Government of A.P/1 st respondent in the Writ Petition. 2. The averments in the aﬃdavit ﬁled in support of the Writ Petition would show that the 1 st petitioner, being the President of Chittoor District Unit of the National Association of Fishermen, comprising of members of ‘Agnikula Kshatriya’ community, a Backward Class (Group-A) Caste, ﬁled the present Writ Petition in furtherance of the welfare of the Fishermen and for the implementation of the reservation policy for the benefit of the Backward Class Communities. 3. It is stated that the 2nd respondent-District Collector, Chittoor District, issued instructions to the subordinate Oﬃcers in Chittoor District under his circulars dated 12-03-1997, 02-06-1997, and 14-07-1997, directing the Mandal Revenue Oﬃcers to undertake an enquiry for ascertaining the caste of the applicant before issuing Caste Certiﬁcates certifying the caste as ‘Agnikula Kshathriya’. 4. A reading of the said circulars would show that the 2nd respondent/District Collector, Chittoor, being conscious of the fact that bogus Caste Certificates were being obtained, insofar as the Backward Caste ‘Agnikula Kshathriya’ is concerned, by members of Kshathriya community, which is a Forward Caste Community, directed the Mandal Revenue Oﬃcers to personally conduct a detailed enquiry into the family history of an applicant before certifying the caste of such an applicant as ‘Agnikula Kshathriya’. 5. While so, the 1st respondent issued the impugned memo No.1959/C1/97, dated 06-11-1997, stating to the eﬀect that basing upon the aforesaid three circulars, issuance of Backward Class Caste certiﬁcates to ‘Agnikula Kshathriya’ caste people in Chittoor District had been stopped, and accordingly the aforesaid three circulars were suspended in respect of the said caste. The 1st respondent directed the 2nd respondent-District Collector, Chittoor District to take action accordingly, in pursuance of the said memo. 6. Petitioners in this Writ Petition challenge the said memo on the ground that no reasons are forthcoming therein as to why the instructions issued by the 2nd respondent in the circulars dated 12-03-1997, 02-06- 1997, and 14-07-1997 are not valid. Further, they apprehended that the blanket permission granted by the Government under the impugned memo would lead to grant of bogus/false Caste Certiﬁcates, as the authorities would not be required to make an enquiry before issuing such certiﬁcates. Such uncontrolled issuance of certiﬁcates would cause loss and hardship to deserving Backward Class people. Accordingly, they ﬁled the present Writ Petition and obtained stay of the impugned memo by order of this Court dated 17-02- 1998 in W.P.M.P.No.5132 of 1998 in W.P.No.4285 of 1998. 7. Thereafter, an application was ﬁled by the Chittoor Zilla Agnikula Kshathriya Seva Sangham, Chittoor District in W.P.M.P.No.11422 of 1998 in W.P.No.4285 of 1998 seeking to be impleaded as the third respondent in the Writ Petition. The grievance of the said body was that pursuant to the stay order granted by this Court on 17-02-1998, the authorities had altogether stopped granting Caste Certiﬁcates to the members of the Community resulting in loss of educational/service opportunities. The implead petitioner/3rd respondent accordingly sought vacating of the order granted earlier, by way of W.V.M.P.No.1080 of 1998 in W.P.M.P.No.5132 of 1998 in W.P.No.4285 of 1998. Upon the said vacate petition, this Court by order dated 24-04-1998, modiﬁed the earlier order dated 17-02-1998 and directed the 2nd respondent to consider the applications made by the members of the 3rd respondent for issuance of Caste Certiﬁcates in accordance with law and pass appropriate orders in the matter. 8. No counter-aﬃdavit is ﬁled by the respondents 1 and 2. 9. Heard Sri V.Jagapathi, learned counsel appearing for the petitioners, learned Government Pleader for Social Welfare appearing for the respondents 1 and 2, and Sri S.V.Bhatt, learned counsel appearing for the 3 rd respondent. 10. A reading of the impugned memo would show that the 1st respondent misconstrued the scope and ambit of the circulars issued by the 2nd respondent on 12-03- 1997, 02-06-1997, and 14-07-1997. Under the said circulars the 2nd respondent only directed the Mandal Revenue Oﬃcers to exercise caution in the matter of issuing Caste Certiﬁcates to the members of ‘Agnikula Kshathriya’ Backward Class Community and to conduct a detailed enquiry personally to ascertain their caste before granting such certiﬁcates. The said circulars did not in any manner place an embargo upon the Mandal Revenue Oﬃcers insofar as the issuance of Caste Certiﬁcates to genuine ‘Agnikula Kshathriya’ Caste people were concerned. The action of the 2nd respondent which was in furtherance of protecting the members of the Backward Caste, ‘Agnikula Kshathriya’ by seeing to it that members of Kshathriya community, a Forward Caste Community would not secure bogus/false Caste Certiﬁcates, thereby depriving them of their rightful opportunities, was stultiﬁed by the 1st respondent by way of the impugned memo. There was, therefore, no logic or rationale in the action of the 1st respondent in suspending the circulars issued by the 2nd respondent. The said memo was issued without application of mind and without considering the objective sought to be achieved by the 2nd respondent under the afore-stated circulars. The impugned memo is therefore set aside and the respondents 1 and 2 are directed to ensure that Caste Certiﬁcates are issued to members of ‘Agnikula Kshathriya’ Backward Class Community after proper and thorough veriﬁcation of their antecedents and eligibility before issuing such certificates. 11. The Writ Petition is accordingly allowed. There shall be no order as to costs. _______________________ P.V.SANJAY KUMAR,J 26th September, 2008. Tsy To 1 The Secretary to Govt., Backward Classes Welfare Dept., Govt. of A.P., Secretariat, Hyderabad. 2 The District Collector, Chittoor. 3 The Chittoor Zilla Agnikula Kshatriya Seva Sangam, Chittoor, Rep. by General Secretary. impleaded as per court order dt 24.4.98 in WPMP 11422/98 2 CCs to the GP for Agriculture. 5 2 CDs