THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.3762 of 2007 Dated: 02.09.2010 Between: Palagada Narasa Rao. .. Petitioner. And The State of A.P., rep. by its Principal Secretar, Social Welfare Department, District Collector, Prakasam at Ongole And others. .. Respondents. ORDER: According to the petitioner, he belongs to Kammara Scheduled Tribe community and the same was certified by the competent authority vide caste certificate issued in his favour by the Mandal Revenue Officer (M.R.O.) in the year 1985, as per G.O. in vogue i.e., G.O.Ms.No.147, dated 27.04.1997. Thereafter, he was selected and allotted to the Andhra Bank service by letter dated 17.11.1988. However, till he was given appointment order in the said Bank, he joined in the services of A.P.S.R.T.C. as a Security Guard in the month of October, 1989 under S.T. quota. The petitioner contends that on 16.12.1989, a notice was issued to him calling for his explanation regarding his caste status, to which he submitted his explanation and basing on that explanation, the bank authorities came to the conclusion that he belongs to S.T. community. Apart from this, the Tribal Welfare Department also asked him to attend for an enquiry and he accordingly attended to the enquiry. Thereafter, on receipt of the appointment order on 23.03.1990 from the Andhra Bank, he joined in Metpalli Branch of Andhra Bank. It is the case of the petitioner that as per a Circular Memo No.984/CV2/98-3, dated 23.07.1999, certain guidelines and requirements were specified for issuance of social status certificates to Kammara caste person, but those requirements are absurd and some requirements are either outdated or prohibited by law. It is the further case of the petitioner that after he was promoted as Assistant Branch Manager, a notice was issued to him on 17.07.2004 by the Joint Collector-cum-Chairman of Scrutiny Committee directing him to attend for enquiry regarding his community status on 26.07.2004, and accordingly, he attended the said enquiry with all material documents to substantiate his claim. However, by proceedings dated 17.08.2004, the 2nd respondent-Collector, Prakasam District at Ongole, cancelled the caste certificate dated 01.07.1985 issued to the petitioner by the Mandal Revenue Officer (M.R.O.) and the caste certificates dated 11.10.1988 and 06.01.1989 issued by the Mandal Parishad Development Officer (M.P.D.O.), stating that the District Level Scrutiny Committee opined that the M.R.O. and M.P.D.O. are not competent authorities to issue caste certificates and the characteristics of ‘Kammera’ in the agency area are not identical to the family of the individual and also recommended for cancellation of the caste certificates issued to the petitioner. The grievance of the petitioner is that, while passing the proceedings dated 17.08.2004, no procedure as required under law was followed, and even as per G.O.Ms.No.147, dated 24.07.1977, the M.R.O. is the competent authority to issue caste certificates. However, aggrieved by proceedings dated 17.08.2004, he preferred appeal before the Government, and the Government, by G.O.Ms.No.81, dated 24.10.2006, dismissed the appeal confirming the proceedings dated 17.08.2004. Hence, questioning the said G.O. and the circular dated 23.07.1999, the present writ petition is filed. There is no necessity of going into all the details. Along with WPMP.No.24943 of 2010, through which the petitioner filed some additional material papers and sought to consider the same while disposing of the writ petition, a letter in RC.No.C/433/2004, dated 02.05.2008, addressed by the 4th respondent-Tahsildar, Singarayakonda, to the 2nd respondent has been filed. By the said letter dated 02.05.2008, which has been addressed pursuant to filing of the writ petition and the letter dated 15.03.2008 of the Collector calling for remarks in connection with the writ petition, the Tahsildar, after conducting detailed enquiry into the matter, submitted his remarks, and the relevant portion of his remarks reads as under: “The main profession of the applicant’s father and fore fathers is Blacksmith producing agricultural implements for farmers and it is clearly evident from the villagers of Balayoginagar of Singarayakonda Mandal that the family of the applicant has put a air pushed burn under a Big tree which is centrally located in Balayoginagar and manufactured agricultural implements like ploughs, axes, wheel blades of Bullock carts etc. and the applicant himself assisted his father in making those implements. Thus it is clearly shows that the applicants profession is blacksmith. (i) Examination of Educational Records: The applicant has completed his primary education (Upto 5th class) at Satram School, Singarayakonda and Secondary Education i.e. from 6th to 7th Class at Singarayakonda Boy’s High School, Singarayakonda and 8th class to 10th Class at Boy’s High School, Karedu and completed Intermediate Education at Govt. Junior College, Singarayakonda and privately completed B.A. Degree through Ambetkar Open University, Hyderabad. As could be seen from the School T.C. No.25378 of A.R.C., Z.P. High School, Singarayakonda vide Admission No.2628 the Caste of applicant was noted as Kammara S.T. and the application for admission into Secondary School with Admission No. 1146 shows that the applicants father filled up the application and mentioned caste as Kammara S.T. and finally as per T.C. No.130863 with Admission No. 351 of G.V.R. Junior College, Singarayakonda also shows the caste of applicant is Kammara S.T. Thus it is clearly proves that from primary education to Intermediate Education the applicant’s Caste was noted as Kammara S.T. (ii) Birth Registration Certificate: As could be seen from the T.Cs of various School/College the applicant’s date of birth is 1/5/1963 and the birth place may be at Kattubadipalem or Chakicherla since the extract of birth has not produced by the applicant. (iii) Examination of Parent/Guardian: The applicant’s father by name Mr.Chinnaiah is no more now and the applicant’s mother by name Venkamma was enquired which reveals that she belongs to Rojakari family of Veerapalli of Prakasam Dist and married one Mr.Palagada Chinnaiah of Kattubadipalem of Nellore District and they are belongs to Kammara ST tribe her father’s profession is also blacksmithy having four children, out of her last son by name Palagada Narasa Rao is a educated and employed some time in APSRTC and Andhra Bank, they worship gods Gangalamma, Poleramma (Grama Devatalu). They are Non Vegetarians generally eat pork, beef etc. and used to take local made arrack during functions like marriage functions, death ceremonies and also while assist during making agricultural implements and wearing toes and after death they are buried. Generally the dead bodies both men and women were taken to Burial ground in a sleeping position and buried also in sleeping position. She further informed that mens do not wear threads after they become major. She further informed that the totemic clan is kite and the surnames are generally Palagri, Paladugu, Palagada and the marriage by mutual love and elopment, marriage by capture, marriage by service and marriage by negotiations are socially approved for acquiring mates. (iv) Some of the Viswabrahmins living in the vicinity have informed that the customs are different from the Chinnaiah family. Generally their tradition is Goldsmith, Carpentary, wood carvings and also superiors to Brahmins calling Viswabrahmin, Brahmical gotras following brahminical ceremonials having own priests to officiate at marriages, funerals, wearing sacred thread, upanayans, divorce, widow marriages, death system Brahmical like cremation and whereas the Chinnaiah family tradition is blacksmith, totemic clans Pangi (kite), Palagada, mutual love, elopment, marriage by caption, eat pork & Beef and all types of Non Vegetarians and worship Gangalamma, Poleramma, and a fine was also awarded to a person who did mistakes and are totally different from them. My confidential enquires also reveals that the applicant from his fore-fathers are migrant in nature having habit of eat pork, beef and all types of non-vegetarians and also consuming local made arracks both men and women during functions and totemic clan kite (Pangi, Palagada) worship of local village Devatas not perform Hindu functions, tradition by blacksmith death system, Marriage system, and the applicant and his family is totally different from the Viswabrahmins, I am of the opinion that the applicant caste is appears to be Kammara tribe which is recognized as ST at Sl No.5 of Annexure-I of A.P. Gazette No.24 8/9/1993.” From a reading of the contents of the said letter dated 02.05.2008 of the 4th respondent, it appears that the earlier enquiry on the basis of which the 2nd respondent issued proceedings dated 17.08.2004 was not properly conducted, and the present enquiry conducted by the 4th respondent, who submitted his remarks to the 2nd respondent through his letter dated 02.05.2008, would indicate that the petitioner belongs to Kammara community recognized as ST. In these circumstances, I am of the considered opinion that the petitioner has made out his case and proceedings dated 17.08.2004 issued by the 2nd respondent, as confirmed by the Government vide G.O.Ms.No.81, dated 24.10.2006, are liable to be set aside. Accordingly, the writ petition is disposed of, setting aside the proceedings dated 17.08.2004 issued by the 2nd respondent, as confirmed by the Government in its G.O.Ms.No.81, dated 24.10.2006, and remanding the matter to the 2nd respondent with a direction to conduct fresh enquiry into the matter and pass appropriate orders as per law within a period of six weeks from the date of receipt of a copy of this order. _____________ C.V.RAMULU,J 02.09.2010 v v