IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 11740 of 2008 Between: Ms.G.Lakshmi D/o.Gchandram, State Transport Appellate Tribunal, R/o. Manoranjan Complex, Nampally, Hyderabad. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Dept. of Social Welfare Department, Rep. by its Secretary, Secretariat, Hyderabad. 2 The District Collector, Office of the Collector, Ranga Reddy District. 3 The Chairman and Joint Collector, II S.C. & S.T. Vigilance and Monitoring Committee, Office of the District Collector, Ranga Reddy District at Hyderabad. 4. T.Kishan Singh S/o.Ramachander, aged about 60 years, Occ: Ex.MLA & President, all India Banjara Seva Sangham, A.P., Hyderabad, R/o.H.No.42, V Block, Old MLA quarters, Hyderguda, Hyderabad. (4th respondent is impleaded as per Court Order dated 11.08.2008 passed in WPMP No.18653 of 2008). .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus questioning the action of the respondent herein in issuing the proceedings No.C2/841/2007, dated 19.5.2008 served on the petitioner on 7.6.2008 in cancelling the caste certiﬁcate of the petitioner who obtained from the then MRO, Balanagar Mandal vide File No. C/1413/1986/9 dated 8.6.1987 and declaring that the petitioner does not belong to schedule tribe "Konda Kapu" as arbitrary, illegal, unfair and unjust and void of Art. 14, 19(1) (g) of the Constitution of India apart from violating the mandatory provisions contemplated under the provisions of the AP (SC, ST & BC) Regulation of Issuance of Certiﬁcate Act, 1993 and the Rules, 1993 framed thereunder and consequently declare the notiﬁcation issued in letter No.C2/841/2007, dated 19.5.2008 as arbitrary, illegal and void in the interest of justice. Counsel for the Petitioner: MR.P.KESAVA RAO Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : ORDER: This writ petition has been ﬁled by Ms.G.Lakshmi assailing the order dated 19.05.2008 passed by the District Collector, Ranga Reddy District-2nd respondent canceling the caste certiﬁcate issued by the Mandal Revenue Oﬃcer, Balanagar Mandal, Ranga Reddy District vide File No.C.1413/1986/9, dated 08.06.1987. 2. The petitioner claims that she belongs to the Scheduled Tribe Community (Konda Kapu). T.Kishan Singh-4 th respondent ﬁled complaint disputing the social status of the petitioner. Thereupon, proceedings have been initiated by the District Collector, Ranga Reddy District-2nd respondent for veriﬁcation of the social status of the petitioner. The District Level Scrutiny Committee examined the social status of the petitioner and submitted its ﬁndings on 03.04.2008. Based on the ﬁndings of the District Level Scrutiny Committee, the District Collector, Ranga Reddy District-2nd respondent issued a show-cause notice to the petitioner calling upon her to explain as to why the caste certiﬁcate obtained by her as Konda Kapu should not be cancelled. Relevant portion of the show-cause notice needs to be noted and it reads as hereunder: “The certiﬁcate holder Kum.G.Laxmi, D/o.G.Chandran has obtained scheduled tribe “Kondakapu” certiﬁcate from the MRO, Balanagar vide certiﬁcate No.C/1413/1986-9, Dt:08.06.1987 fraudulently by misrepresenting the facts before the authorities for securing employment on the basis of false community certiﬁcate, the beneﬁts special provisions made for the advancement of STs will be hampered. As per forgoing facts discussed above, the DLSC is of the opinion that the community certiﬁcate issued by the MRO, Balanagar No.C/1413/1986-9, Dt:08.06.1987, R.R. District in favour of the applicant Kum.G.Laxmi, D/o.G.Chandran is liable to be cancelled. Therefore, while enclosing a copy of the ﬁndings of the District Level Scrutiny Committee, Ranga Reddy District, dt.03.04.2008 and also in order to give ﬁnal opportunity for making representation with documentary evidence, if any available in support of HER claim, Kum.G.Laxmi, D/o.G.Chandran is hereby directed to show cause as to why the ST “Kondakapu” Caste Certiﬁcate obtained by HER from the then MRO, Balanagar in File No.C/1413/1986-9, Dt.08.06.1987 should not be cancelled. Her explanation along with unimpeachable evidences if any in support of her claim should reach the undersigned within (15) days from the date of receipt of this show cause notice. Failing which it will be construed that she is not having any explanation to oﬀer in this regard and also no material evidences to submit in support of her claim and the matter will be decided based on the material available on record.” The petitioner under letter dated 14.05.2008 requested the District Collector, Ranga Reddy District-2nd respondent to furnish her a copy of the ﬁndings/report of the District Level Scrutiny Committee, dated 03.04.2008. Subsequently, she submitted another letter dated 28.05.2008 seeking one month time to submit her detailed explanation. The District Collector, Ranga Reddy District-2nd respondent proceeded to pass the order dated 19.05.2008 and cancelled the social status certiﬁcate issued in favour of the petitioner. The proceedings whereunder the social status certiﬁcate of the petitioner has been cancelled are under challenge in this writ petition. It is stated in the writ aﬃdavit that the petitioner was not furnished with a copy of the ﬁndings/report of the District Level Scrutiny Committee and she was not given suﬃcient opportunity to submit her explanation and thus, the order passed by the District Collector, Ranga Reddy District-2nd respondent canceling the social status certiﬁcate issued in her favour is liable to be set aside. In a way, the plea of the writ petitioner is that the order passed by the District Collector, Ranga Reddy District-2nd respondent is in violation of the principles of natural justice. 3. Notice before admission came to be ordered on 09.06.2008. Subsequently, 4th respondent filed WPMP No.18653 of 2008 seeking his impleadment as one of the respondents and the same is allowed on 11.08.2008. 4. Respondents ﬁled counter-aﬃdavits. M.Dana Kishore, District Collector, Ranga Reddy District, has sworn to the counter-aﬃdavit ﬁled on behalf of the respondents 1 to 3. It is stated in the counter-aﬃdavit ﬁled on behalf of the respondents 1 to 3, that the writ petitioner handed over a letter dated 28.05.2008 in Tappal Section of the 2 nd respondent. For better appreciation, I may refer, para.6 of the counter-aﬃdavit and it is thus: “6. In reply to para.9 of the aﬃdavit, it is respectfully submitted that the Writ Petitioner should establish her case that the social status certiﬁcate was issued by the competent authority as per the procedure in vogue at the relevant point of time and the same is genuine. The further allegation that the Writ Petitioner submitted another letter dt.28.05.2008 to the Second Respondent requesting him to grant one month time for submitting a detailed explanation and that the orders were passed on 18.05.2008 itself and the same were served on 7.6.08 are only made to strengthen her case. The Writ Petitioner handed over the letter dt.28.05.2008 in Tappal Section of the 2 nd respondent. The ﬁndings of the District Level Scrutiny Committee was already reiterated in the show- cause notice dt.11.04.08 and as such the Writ Petitioner was not put to any hardship as alleged by her. To sum up the Writ Petitioner failed to discharge the burden of proof as per the Act to establish her social status and that the Certiﬁcate issued in her favour earlier were not issued as per the Rules in vogue, that she did not avail the opportunity of appeal and as such, there are no grounds warranting interference of this Hon’ble Court.” 5. Heard learned counsel appearing for the petitioner and learned Government Pleader for Social Welfare appearing for the respondents 1 to 3 and learned counsel appearing for the 4th respondent. 6. Learned counsel appearing for the petitioner submits that the District Collector, Ranga Reddy District-2nd respondent has not furnished the ﬁndings/report of the District Level Scrutiny Committee to the petitioner so as to enable her to give a suitable explanation to the show-cause notice and thereby great prejudice has been caused to her. Learned counsel further submits that the petitioner submitted a representation on 14.05.2008 for providing her a copy of the ﬁndings/report of the District Level Scrutiny Committee and another representation on 28.05.2008 requesting time for submitting her explanation and both the representations remained unattended. 7. Learned Government Pleader for Social Welfare appearing for the respondents 1 to 3 submits that the petitioner failed to avail the opportunity to submit her explanation to the show- cause notice and therefore, she cannot be permitted to contend that the order impugned in the writ petition has been passed in violation of principles of natural justice. 8. Learned counsel appearing for the 4th respondent submits that the petitioner does not belong to Konda Kapu community and her social status certiﬁcate was not given by a competent authority and therefore, the District Collector, Ranga Reddy District-2nd respondent is justified in canceling the same. 9. A fact remains that a show-cause notice was issued to the petitioner calling for her explanation as to why her social status certiﬁcate issued by the Mandal Revenue Oﬃcer, Balanagar Mandal, Ranga Reddy District, should not be cancelled. Under letter dated 14.05.2008 she requested the District Collector, Ranga Reddy District-2nd respondent to furnish her a copy of the ﬁndings/report of the District Level Scrutiny Committee, dated 03.04.2008. She also submitted another letter dated 28.05.2008 requesting a month time to submit her detailed explanation. The show cause notice served on her does not indicate of its containing any enclosures such as District Level Scrutiny Committee’s ﬁndings/report etc. to enable the petitioner to give an eﬀective explanation to the show-cause notice. The petitioner has been kept in dark with regard to contents of the report/ﬁndings of the District Level Scrutiny Committee and thereby she became handicapped in submitting eﬀective explanation to the show-cause notice. Thus, order passed by the District Collector, Ranga Reddy-2nd respondent is in violation of principles of natural justice and accordingly, the same is liable to be set aside. 10. Accordingly, the writ petition is allowed at the admission stage setting aside the order dated 19.05.2008 passed by the District Collector, Ranga Reddy District-2nd respondent and the matter is remanded back to the District Collector, Ranga Reddy District-2nd respondent, for fresh enquiry. The petitioner shall submit her explanation without inviting any notice from the District Collector, Ranga Reddy District-2nd respondent within two weeks from today and thereupon the District Collector, Ranga Reddy District-2nd respondent shall proceed with the enquiry in accordance with the provisions of the A.P. (Scheduled Castes, Scheduled Tribes, Backward Classes) Regulation of Issue of Community Certiﬁcate Act, 1993 and the Rules framed thereunder. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:06th September, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}