THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.11828 of 2010 Dated 10th November, 2011 Between: Dannina Krishna Arjuna Rao and another …Petitioners And The District Collector, Khammam District and another …Respondents Counsel for the petitioners: Sri K.Arvind Kumar For Sri K.R.Srinivas Counsel for respondents: AGP for Social Welfare The Court made the following: ORDER: This writ petition is filed for a mandamus to set aside proceedings bearing Rc.No.D3-14896/97, dated 19.03.2010, of respondent No.1, received by the petitioners on 08.05.2010, whereby she has cancelled the caste certificates of the petitioners. The petitioners are working as DRO and Driver respectively in the office of the Divisional Forest Officer, Forest Department, Sattupalli, Khammam District. They have joined the employment on the strength of the community certificates showing them as ST (Yerukula) community. The Revenue Divisional Officer, Bhadrachalam held preliminary enquiry into the social status of the petitioners and submitted a detailed report to respondent No.1 to the effect that the petitioners do not belong to Yerukula community, but they belong to Ayyerukula, which is not recognised as falling under ST category. On the basis of the said enquiry report, show-cause notices were issued to the petitioners. Respondent No.1 has referred the dispute to the District Level Scrutiny Committee (DLSC), Khammam, which after enquiry submitted a report to the effect that the petitioners do not belong to Yerukula community, but they belong to Ayyerukula. Show-cause notices were issued to the petitioners and thereafter, an order was passed on 17.10.2002 by respondent No.1 cancelling the community certificates of the petitioners. Assailing the said order, the petitioners filed an appeal before the Government of Andhra Pradesh, which disposed of the appeal by order, dated 28.04.2004, and remanded the case with the direction to respondent No.1 to place the matter before the DLSC afresh and conduct a detailed enquiry. In pursuance of the said order of the Government, the matter was once again referred to the Sub-Collector, Bhadrachalam, who submitted a report stating that comprehensive enquiry was already conducted on the social status of the petitioners and that during the enquiry conducted in Dummugudem Village, both the petitioners appeared and deposed that they were born at Gangolu Village, that they were working in the Forest Department and that they cannot speak Yerukula language. The Sub-Collector accordingly furnished his opinion that the petitioners do not belong to Yerukula community. Similar report was submitted by the Commissioner, Social Welfare, Hyderabad opining that the petitioners do not belong to Yerukula community. Despite these reports, respondent No.1 has placed the entire matter before the DLSC, Khammam, which held an enquiry on 17.10.2008 in the presence of the petitioners. After recording their statements, the DLSC submitted a report to respondent No.1 recommending cancellation of the caste certificates of the petitioners. A show-cause notice was issued to the petitioners on 03.05.2010. The petitioners have not pleaded that they have submitted any explanation to the said show-cause notice. On a detailed consideration of the facts in their entirety, respondent No.1 has passed the impugned order. Even though the petitioners filed an appeal before the Government of Andhra Pradesh, apprehending that they may be dismissed from service, they have filed this writ petition assailing the order of respondent No.1 on merits. I have heard the learned counsel for the petitioners and carefully gone through the order of respondent No.1. It is inter alia observed in the order of respondent No.1 that when the petitioners appeared before the DLSC on 17.10.2008, petitioner No.2 could not even answer simple questions with regard to clan, surnames and ethnological traits and questions regarding the statements given by his own uncle and relatives and he has not pleaded anything. It is further observed that while answering the query of District Tribal Welfare Officer, Khammam with regard to clan, petitioner No.2 has stated that he belongs to Palakaya Gotram and when he was asked about the traditional occupation relating to rearing of pigs, petitioner No.2 has stated that he is unaware of the traditional/cultural systems. Respondent No.1 therefore held that the petitioners failed to discharge the burden cast on them under Section 6 of A.P.(Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issuance of Community Certificates Act, 1993 to show that they belong to ST community i.e., Yerukula. From the facts and circumstances of the case on the basis of which respondent No.1 has concluded that the petitioners do not belong to Yerukula community, I am of the opinion that no interference is warranted by this Court. For the above-mentioned reasons, the writ petition fails and the same is accordingly dismissed. As a sequel to dismissal of the writ petition, interim order, dated 26.05.2010, shall stand vacated and W.P.M.P.No.14939 of 2010 and W.V.M.P.No.3573 of 2011 are disposed of as infructuous. C.V.NAGARJUNA REDDY, J 10th November, 2011 VGB