IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 32975 of 1997 Between: T.Ravinder Swamy S/o Limbagiri Swamy Zilla Parishad High School Mupkal Village, Balkonda (M), Nizamabad District. ..... PETITIONER AND 1 Government of Andhra Pradesh Reptd.by its Secretary, Social Welfare department, Secretariat Buildings Hyderabad. 2 District Collector and Magistrate, Nizamabad. Nizamabad. 3 Revenue Divisional Officer, Nizamabad. Nizamabad. 4 Chief Executive Officer, the Cours titti amended as percourt order dt.12-2-97 in WPMP.39-04/97 Zilla Parishad,Nizamabad, .....RESPONDENT(S) 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 to issue a wirt,order or direction more partciluarly one in the nature of writ of mandamus declaring impugned proceedings No.D5/1/94 dated 14-11-1997,on the file of 2nd respondent herein as illegal arbitrary and violative of principles of natural justice. Counsel for the Petitioner:SMT.G.JYOTHI KIRAN Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 32975 of 1997 ORDER: 1 The petitioner who was working as Craft Instructor in Z.P. High School Mupkal village, Balkonda (M), Nizamabad District approached this court and filed the present Writ Petition questioning the proceeding dated 14.11.1997 issued by the District Collector at Nizamabad holding that he does not belong to Scheduled Caste community. 2 The brief facts are as follows: According to the petitioner he belongs to Mita Ayyavar caste, which is a Scheduled Caste Community. He continued his studies with that status, passed S.S.C and also obtained a certificate in ITI course. By virtue of his educational qualifications he was appointed as a Craft Instructor in Z.P. High School Mupkal village on 24.12.1979. 3 It appears some representations were made against him stating that he belongs to Satani Ayyavar caste which is included in Back Ward Community but by making false representation that he belongs to Mita Ayyavara caste he obtained certificate to the effect that he belongs to Scheduled Caste Community and thus he secured the said job. In the light of the said representations, the third respondent conducted an enquiry and came to the conclusion that the petitioner belongs to Satani Ayyavar caste which is included in Back Ward Caste Community, but does not belong to Mita Ayyavar caste, which is a Scheduled Caste Community. Pursuant to the report made by the Revenue Divisional Officer a show cause notice was issued to the petitioner and the petitioner had also offered his detailed explanation to the said show cause notice. After considering his explanation the second respondent vide his order dated 14.11.1997 passed the impugned order holding that the petitioner belongs to Satani Ayyavar caste, which is included in Back Ward Caste Community but not to Mita Ayyavar, which is a Scheduled Caste Community. As stated supra, the same is questioned in this Writ Petition. 4 Heard both sides. 5 During the course of arguments, the learned counsel for the petitioner submitted that this matter was heard by another learned Judge of this Court and on a suggestion made by the learned Judge as to whether the petitioner is willing to forego his status as Scheduled Caste and confine his status to B.C. Community, the counsel took time and consulter her client. Today when the matter is taken up for hearing, learned counsel for the petitioner states that the petitioner is willing to forego the S.C. status and he will remain only with the B.C. status as a person belonging to Satani Ayyavar Caste. As the petitioner has expressed his willingness to confine his status only to Satani Ayyavar, which belongs to B.C. Community and as the orders passed by the District Collector dated 14.11.1997 was suspended by this court on 10.12.1997 and as the petitioner is still in service as on today, this court is of the view that this Writ Petition can be disposed of without going into the factual matrix. Further the petitioner was aged 40 years at the time when the said order was passed by the District Collector and now he is aged about 52 years. 6 In the light of the above discussion, this court is of the view that this Writ Petition can be disposed of in the following manner: 1. The petitioner shall not claim to be a person belonging to Mita Ayyavar Caste, which is included in Scheduled Caste Community for the reason that he agreed to remain as person belonging to Satani Ayyavar Caste, which is included in B.C. Community and he shall, for all purposes, be treated only as a person belonging to Satani Ayyavar and his children also shall get the status of the petitioner i.e. Satani Ayyavar caste. 2. As the petitioner is in service since 1979 and as the order dated 14.11.1997 passed by the District Collector was suspended by this court, the petitioner shall be allowed to serve the remaining period i.e. till he attains the age of super annuation. 7 The Writ Petition is accordingly disposed of. No order as to costs. --------------- 02.06.2009 kvsn