The State of Andhra Pradesh Vs Seva Nikhil

THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY SCHOOL EDUCATION DEPARTMENT SECRETARIAT BUILDINGS VELAGAPUDI AMARAVATI GUNTUR DISTRICT

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THE DISTRICT EDUCATION OFFICER, ALLURI SEETHARAMARAJU DISTRICT PADERU

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THE CONVENOR, ANDHRA PRADESH DISTRICT SELECTION COMMITTEE 2025 RECRUITMENT AP DSC VIDYABHAVAN TADEPALLI GUNTUR DISTRICT

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...APPELLANT(S)

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AND

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SEVA NIKHIL, S/O SEVA SUGUNAKUAR AGED ABOUT 28 YEARS R/O SETHUPALLI CENTER ADDATEEGALA EAST GODAVARI DISTRICT NOW ALLURI SEETHARAMA RAJU DISTRICT

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THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY SOCIAL WELFARE CV1 DEPARTMENT SECRETARIAT BUILDINGS VELAGAPUDI AMARAVATI GUNTUR DISTRICT

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THE COMMISSIONER, SOCIAL WELFARE DEPARTMENT TADEPALLI VIJAYAWADA KRISHNA DISTRICT 4

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THE DISTRICT COLLECTOR, ALLURI SEETHARAMARAJU DISTRICT PADERU 5

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2

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THE DEPUTY DIRECTOR, SOCIAL WELFARE DEPARTMENT ALLURI SEETHARAMARAJUDISTRICT PADERU

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THETAHSILDAR, ADDATEEGALA MANDAL ALLURISEETHARAMARAJU

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...RESPONDENT(S):

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IA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased PLEASED To suspend the orders passed in W.P.No.23261 of 2025, dated 03.09.2025, pending disposal of the above writ appeal in the interest of justice and pass

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Counsel for the Appellant(S):

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1.GP FOR SCHOOL EDUCATION

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Counsel for the Respondent(S):

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1.VENKATA DURGA RAO ANANTHA

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The Court made the following:

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THE HON’BLE SRI JUSTICE BATTU DEVANAND

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&

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THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA

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WRIT APPEAL No.1060 of 2025

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JUDGMENT: (Per Hon’ble Sri Justice Battu Devanand)

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This Writ Appeal has been filed by the State against the order dated 03.09.2025 in W.P.No.23261 of 2025 passed by a learned Single Judge of this Court.

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Heard learned Government Pleader for School Education for the appellants and the learned counsel appearing for the respondent No.1.

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The facts leading to the filing of present writ appeal are as herein

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under:-

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The respondent No.1 herein filed writ petition against the action of the respondents/appellants herein in not considering the petitioner’s candidature for appointment pursuant to the Andhra Pradesh District Selection Committee 2025 recruitment (AP DSC) under ST (Valmiki) category based on his caste certificate. Having heard both sides, a learned Single Judge of this Court taking into note that, as the caste certificate issued in favour of the petitioner is not cancelled in terms of procedure prescribed under Section 5 of A.P. (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 and further, the issue regarding cancellation of caste certificate of forefather of the petitioner had not attained

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finality since an appeal is pending from the year 2001 before the State Government, an interim direction was issued to the respondent authorities to consider the case of the petitioner under ST (Valmiki) category pending further orders.

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It is an admitted fact that the caste certificate issued in favour of

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the petitioner on 16.05.2008 is in existence as on date. No proceedings have been initiated for cancellation of that certificate. There is no substance in the contention of the learned Government Pleader that the case of the petitioner cannot be considered as the caste certificates issued in favour of the forefather and father of the petitioner have been cancelled, due to the reason that though the caste certificates issued in favour of them were cancelled by the competent authority in the year 2001, but till date for the last 24 years, an appeal filed against the said order is pending with the Government and as such the cancellation order had not attained finality as on date. It is very strange to hear from the learned Government Pleader that the father of the petitioner whose caste certificate has been cancelled in the year 2001 is continuing in service till date inspite of absence of any stay granted in appeal. This is a case of classic example, how Government is treating the bogus certificate cases by allowing those persons in the Government posts which were meant for that particular category by depriving the eligible and suitable candidates from that category.

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In the present case, considering the reasons stated by the learned Single Judge in the order, we are not inclined to interfere into the

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same as there are no merits in the appeal. Accordingly, this Writ Appeal is dismissed.

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This Court expect from the State Government to decide the appeals filed against the cancellation orders of the bogus caste certificates by the competent authorities as expeditiously as possible in the interest of the public at large.

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There shall be no order as to costs.

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As a sequel, miscellaneous petitions pending, if any, shall stand closed.

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__________________________ JUSTICE BATTU DEVANAND

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__________________________________ JUSTICE A. HARI HARANADHA SARMA

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Date: 06.10.2025 SCS

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