THE HONOURABLE SRI JUSTICE A.GOPAL REDDY WRIT PETITION No.19664 of 2002 Date of Order:17.02.2011 Between: L.Anantha Rao ..Petitioner and The Government of A.P., rep. By its Secretary and others ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY WRIT PETITION No.19664 of 2002 ORDER :- The petitioner without disclosing his avocation that he is working as a teacher, simply filed the present writ petition for issuance of a Writ of Mandamus declaring the action of the respondents in not issuing caste certificate to the petitioner, who belongs to Paidi/Pydi Community, which is notified as schedule tribe, as arbitrary, against the principles of natural justice and for appropriate orders. Petitioner stated that the Government after considering the various factors has included the Pydi Community in the schedule tribes community and was included in the A.P.Service Manual Civil Service Code. The petitioners’ elders resided in the schedule areas. The community of schedule tribe in one State may be schedule caste in another State. Some may be backward class and some may be forward class in another State. The Valmiki living in the schedule area of East Godavari, West Godavari, Visakhapatnam, Vijayanagaram and Srikakulam Districts are only recognised as schedule tribes. The Valmiki in Rayalaseema area of A.P. has distinct and different groups and they are not recognized as schedule tribes. The Valmiki community people are also known as Pydis and Dombs and they speak Adivasi Oriya like other tribal groups. The telugu speaking non- tribes call them as ‘Agency Malas’ in the Back ward tribe list of 1936 and were classified as ‘Agency Malas’ or ‘Valmikis’. Therefore, the petitioner should be recognized as Pydi community and entitled for issuance of a schedule tribe certificate. Hence, an interim direction may be issued to respondent No.4 to issue caste certificate in favour of the petitioner. The respondents filed counter affidavit denying that the Pydi community is listed in the schedule tribe and stated that as per Rule 4(A) of A.P.(SCs., STs., & BCs) Issue of Community, Nativity and Date of Birth Certificates Rules, 1997, the petitioner shall submit an application in the prescribed form I/II to the competent authority for issuance of the certificate. On receipt of the application, the competent authority shall issue the certificate after satisfying with the correctness of the information/documents furnished by the applicant. The petitioner failed to follow the procedure and has not stated anywhere in the affidavit that he applied to the competent authority for issuance of the caste certificate. In case, the competent authority refused to issue the certificate, the petitioner has alternative remedy of appeal to the appellate authority. The petitioner has not disclosed the true facts viz., working as a teacher and on what basis he gained the employment; how he gained the employment whether under the reserved category or unreserved category; whether his caste is recorded in the school registers; that he belongs to a particular caste; and entitled for issuance of a caste certificate etc. When the petitioner is already working as a teacher, why he requires the present certificate is also not known. The petitioner having suppressed the said facts and without making any application to the competent authority for grant of caste certificate, invoking the jurisdiction for issuance of the certificate by obtaining an order to claim benefits either for himself or for his children, is not at all warranted. It is now fairly well settled that when the petitioner comes to the court with unclean hands without disclosing true facts, he is not entitled to any discretionary relief {See Maganlal Chaganlal (P) Ltd., v. Municipal Corporation of Greater Bombay (AIR 1975 SC 648) and State of Punjab v. Sarav Preet(AIR 2002 SC 2391)} The writ petition is, accordingly, dismissed granting liberty to the petitioner to avail the remedies under the A.P.(SCs., STs., and BC) Issue of Community, Nativity and Date of Birth Certificate Act, 1993 and the rules issued thereunder. _________________ A. GOPAL REDDY, J February 17, 2011 Lmv