THE HON'BLE SRI JUSTICE B.PRAKASH RAO and THE HON'BLE SRI JUSTICE G.BHAVANI PRASAD WRIT PETITION No.14174 of 2000 ORDER: (Per GBP,J) The writ petitioner is aggrieved by the order passed by the first respondent-Revenue Divisional Officer, Gudur directing her to approach the Revenue Divisional Officer, Paloncha for issuance of a caste certificate. The writ petitioner claimed to be belonging to Kondareddi community, which is claimed to have been recognized as a Scheduled Tribe in the State of Andhra Pradesh. She claims that her family originally belonged to Parentapalli Village in Valairpadu Mandal in Khammam District, from where her father-Gopala Madhava migrated to Gudur Town in Nellore District in 1968 due to his employment as Junior Assistant in District Munsif’s Court, Gudur. She stated that she was born on 21.05.1973 at Gudur and had her entire education at Gudur. She also claimed that she was accepted as a Scheduled Tribe candidate through out her career and at the time of joining B.Ed. Course, she was required to submit caste certificate. She submitted an application to the second respondent-Mandal Revenue Officer, Gudur for issuance of caste certificate. The Mandal Revenue Officer of Valairpadu of Khammam District, on the advice of the second respondent, conducted an enquiry and submitted a report on 07.12.1998 about the migration of the father of the writ petitioner from Khammam District to Nellore District and informing that a caste certificate could not therefore be issued. Consequently, second respondent himself issued a caste certificate dated 11.12.1998. The writ petitioner further claimed that for the purpose of applying to the posts of Secondary Grade Teacher, School Assistant, Language Pandit etc., notified by the State Government on 04.07.2000, she applied to the first respondent, who is the competent authority under the Andhra Pradesh Scheduled Castes, Scheduled Tribes and Backward Classes (Regulation of Issue of Community Certificates) Act, 1993 (for short ‘the Act’) for issuance of caste certificate. The first respondent passed the order impugned in this writ petition directing the writ petitioner to approach the Revenue Divisional Officer, Paloncha, against which, she filed O.A.No.3933 of 2000 before the Andhra Pradesh Administrative Tribunal. The Tribunal granted interim direction on 21.07.2000 directing the District Selection Committee to receive the application of the writ petitioner and to permit her to appear to the examination, without enclosing the caste certificate. Therefore, the writ petitioner claims that the first respondent ought to have considered her request for issuance of caste certificate and should have issued the same in accordance with the procedure prescribed. Sri P.Sridhar Reddy, learned counsel for the writ petitioner and the learned Government Pleader for Social Welfare are heard. There is absolutely no doubt that the first respondent is the statutory authority under the Act and he ought to have considered and decided the request of the writ petitioner for issuance of caste certificate, more so, when the writ petitioner and her family members are residing within his territorial jurisdiction since 1968 since the employment of the father of the writ petitioner in the local Court at Gudur as a Junior Assistant. It is not as though the first respondent could have entertained any doubt ex facie about the genuineness of the claims of the writ petitioner in the background of the positive report from the Mandal Revenue Officer, Valairpadu to the second respondent as long back as 07.12.1998 stating about the family of the writ petitioner belonging to Kondareddi Community and the father of the writ petitioner migrating from Parentapalli to Gudur due to his employment. The copy of the transfer certificate and the copy of the caste certificate originally issued by the second respondent enclosed to the writ petition also prima facie support the contention of the writ petitioner that she was through out recognized as a Schedule Tribe candidate. If necessary, the first respondent should have himself conducted any further enquiry in accordance with the procedure prescribed by the statute and should have decided the request of the writ petitioner, on merits, without referring to the Revenue Divisional Officer, Paloncha, who could not have issued the caste certificate in favour of the writ petitioner in view of the absence of the writ petitioner or her family members within his jurisdiction since more than four decades. The first respondent failed to exercise the jurisdiction under the Statute and has to be directed to do the same accordingly. In the circumstances, the writ petition is allowed and the first respondent is directed to consider the request of the writ petitioner for issuance of caste certificate on merits duly following the procedure prescribed under the Statute. There shall be no order as to costs. B.PRAKASH RAO, J G.BHAVANI PRASAD, J Date: 18.11.2009 va