THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.7481 of 2004 ORDER: In this writ petition, petitioner, which is an association/sangam, seeks a mandamus declaring the action of the respondents in not issuing certificates to Goudu Community in the agency tracts as per the Constitution (Scheduled Tribes) Order, 1950 and subsequent amendments, as illegal and arbitrary, and consequently, direct the respondents to issue community certificates to Goudu Community in the agency tracts. It is the case of the petitioner that Goudu Community is notified in the Constitution (Scheduled Tribes) Order, 1950 as amended by Act 108 of 1976 at Serial No.7. It is further case of the petitioner that although its members are entitled to community certificates as they belong to Goudu Community, which was recognised as Scheduled Tribe, the respondents have stopped issuing certificates to them. Counter-affidavit is filed by the second respondent. In the counter-affidavit, while denying various allegations made by the petitioner association, it is stated that members of the petitioner association are residing in some parts of agency tracts in East Godavari District and they themselves applied for caste certificates in the name of Gouda or Kalali or Gamalla, which are notified as backward classes. It is further stated that there is no representation to issue Goudu Scheduled Tribe Caste Certificates from last two decades, as such, there was no occasion to consider for grant of such certificates. It is further stated that the petitioner association is not entitled to any directions for issuance of community certificates of Goudu people without conducting any enquiry. Grant of community certificates is presently governed by the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 (for short ‘the Act’) and the Rules made there under, according to which, an application is to be made seeking certification of community by the competent authority. If any individual applies, an enquiry will be conducted with regard to his claim before grant of such certificate. The petitioner association cannot seek any direction to issue community certificates to its members, as there is no list of members furnished before this Court. In view of the stand of the respondents in the counter-affidavit, if any individual applies for issuance of community certificate, it is a matter for enquiry as per the provisions of the Act and the Rules made there under. In the absence of any specific averments in the affidavit filed in support of the writ petition, and in the light of the counter-affidavit filed by the second respondent, the direction as prayed for by the petitioner association cannot be issued. However, I make it clear that if any individual applies seeking Scheduled Tribe status on the ground that he belongs to Goudu, such application is to be examined in accordance with the provisions of the Act and the Rules made there under before grant of community certificate. Subject to the above observations, the writ petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 23rd DECEMBER, 2010. kvni