Allowed

The Government of Andhra. Pradesh rep.by its v. Mukundo Dotal, S/o. Arjuno Dolai

Telangana HC13 Mar 2014WP/3557/2014

Case brief

AI extract

What is this about?

The High Court allowed a writ petition filed by the Government to quash the Tribunal's order which had exempted an applicant from producing a fresh caste certificate during the Teacher Eligibility Test (T.E.T.) 2012, deeming the original certificate invalid as it was issued by an officer below the rank required under 1997 Rules.

What did the court decide?

The impugned order of the Tribunal is set aside; the Government is entitled to insist on the production of a fresh Caste Certificate.

The Government of Andhra. Pradesh rep.by its Vs… — Service and Employment | Telangana HC (2014)

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THE HON'BLE SRI JUSTICE K.C.BHANU AND

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THE HON’BLE MRS JUSTICE ANIS

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WRIT PETITION No.3557 OF 2014

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ORDER:- (per Hon’ble Sri Justice K.C.Bhanu)

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This writ petition is filed seeking to issue writ of Certiorari calling for the records pertaining to the order, dated 03.12.2012, in O.A.No.9465 of 2012 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short, “the Tribunal”) and quash the same.

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2. The petitioners herein are respondents, and respondent No.1 herein is the applicant, in the Original Application. For the sake of convenience, the parties are hereinafter, referred to as they are arrayed before the Tribunal.

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3. The applicant submits that he belongs to Bentho Oriya Caste and accordingly, he was issued Caste Certificate on 15.6.1999 for Bentho Oriya Tribe signed by the Mandal Revenue Officer (M.R.O.), Meliaputti Mandal, Srikakulam District basing on Government Memo No.22427/CO2/93, dated 3.5.1999. The applicant further submits that he applied for the post of Language Pandit (Odia) under S.T. Category for Teacher Recruitment Test (T.E.T.) - 2012 Selection. He attended the written examination 27.8.2012. The results were published by the respondents and he stood fourth in the merit list for Language Pandit (Odia), but the respondents are insisting for production of fresh Caste Certificate under the Andhra Pradesh (Schedule Castes, Schedule Tribes & Backward Classes) Religion of Issue of Community Certificates Act, 1933 (for short, “the Act”) & the Andhra Pradesh (Schedule Castes, Schedule Tribes & Backward Classes) Religion of Issue of Community Certificates Rules, 1997 (for short, “the Rules”). So, he filed the aforementioned Original Application seeking a direction to the respondents not to insist him for production of fresh

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Caste Certificate under the Act and Rules 19 and 21 of the Rules, and also as per Government Memo No.883/CV.2/2007, dated 21.5.2009, during the selection process for the post of Language Pandit (Odia) under T.E.T. - 2012 to be held on 4.12.2012.

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4. The Tribunal, basing on Government Memo, dated 21.5.2009, allowed the Original Application holding that there is no necessity for the applicant to furnish fresh Caste Certificate as per the Act, unless the status quo is lifted, and directed the respondents not to insist the applicant for production of fresh Caste Certificate and that the preCaste Certificate issued to the applicant signed by the M.R.O., Meliaputti Mandal, Srikakulam District is valid for the purpose of selection in T.E.T. - 2012. Challenging the same, the present writ petition is filed by the Government.

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5. None appears inspite of service of notice to respondent No.1/applicant.

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6. Learned Government Pleader for Services – I appearing for the petitioners/respondents contended that the M.R.O. is not authorized to issue the Caste Certificate and therefore, the Caste Certificate issued to the applicant cannot be used for the notification issued for T.E.T. - 2012; that the Rules came into force with effect from 16.5.1997; that Annexure-I of the said Rules clearly shows that the authorities competent to issue Community, Nativity and Date of Birth Certificates are all the Revenue Officials not below the rank of Revenue Divisional Officer (R.D.O.)/Sub-Collector/Assistant Collector in the State and hence, he prays to set aside the impugned order.

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7. As seen from Annexure-I of the Rules, it is clear that M.R.O. is a competent officer for issuance of certificates to certain Scheduled Tribe Communities as mentioned therein. But, in the case of Bentho Oriya Caste, which falls under Schedule Tribe Community, the certificate must be issued by any Revenue Official not below the rank of

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R.D.O./Sub-Collector/Assistant Collector in the State. Admittedly, the applicant obtained the Caste Certificate on 15.6.1999 for Bentho Oriya Caste signed by the M.R.O., Meliaputti Mandal, Srikakulam District. By that time, the Rules came into force. Therefore, on the face of it, the Caste Certificate obtained by the applicant is contrary to the Rules. Therefore, it cannot be used for selection process for the post of Language Pandit under the T.E.T. - 2012. So, the order passed by the Tribunal is contrary to the Rules and hence, it is liable to be set aside.

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8. Accordingly, the Writ Petition is allowed setting aside the impugned order. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

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JUSTICE K.C.BHANU

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_______________ JUSTICE ANIS

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Date: 13.03.2014 AMD

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THE HON'BLE SRI JUSTICE K.C.BHANU AND

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THE HON’BLE MRS JUSTICE ANIS

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WRIT PETITION No.3557 OF 2014