Research › Search › Judgment

Andhra High Court · body

2002 DIGILAW 13 (AP)

Sankaravamsam Sasidevi v. Commissioner of Tribal Welfare, Telugu Sankshema Bhavan, Hyderabad

2002-01-03

A.R.LAKSHMANAN, V.V.S.RAO

body2002
AR. LAKSHMANAN, J. ( 1 ) WITH the consent of both the sides, the writ appeal itself is taken up for final hearing at the stage of admission. ( 2 ) THE writ appeal is directed against the order dated 22-11-2001, passed by a learned single Judge of this Court disposing of the writ petition being WP No. 23141 of 2001, filed by the appellant-petitioner to quash the proceedings dated 16-10-2001, issued by the 1st respondent-Commissioner of Tribal Welfare, in Reference Rc. No. 6514/ 2001/tri/vc-2. By the said proceedings, 1st respondent advised the appellant to see the Director, TCR and TI, Hyderabad, on 1-11-2001, along with an elder member of her family who has full knowledge about his community so as to furnish oral and documentary evidence to substantiate their Scheduled Tribe status claim. The appellant, in support of their Scheduled Tribe status claim was directed to bring ration card, and if ration card is not issued, to being identity certificate from the MRO or a Gazetted Officer, voters list or any other document, so as to enable the 1st respondent to place the matter before the District Level Scrutiny Committee concerned. The 1st respondent issued the above proceedings m terms of the judgment of the Supreme Court in CA No. 4545 of 1995, dated 18-4-1995 in WP No. 1040 of 1983 and the judgment of this Court in WP No. 9071 of 1982, dated 29-1-1983, and as per Act 16 of 1993 and the Rules framed thereunder. ( 3 ) THE Commissioner of Tribal Welfare, is a member of the State Level and District Level Scrutiny Committees. In pursuance of the request made by the 2nd respondent-Convenor, EAMCET-2001, the office of the 1st respondent constituted a team of officers to verify the veracity of the caste certificates produced by the candidates who are seeking admission under ST quota. The doubtful cases were to be referred to the District Level Scrutiny Committees concerned to decide the scheduled tribes status claim of an individual in the light of Act 16of 1993 and G. O. Ms. No. 58, SW (J2) Department, dated 12-5-1997 under Rule 5 (i) thereof. The doubtful cases were to be referred to the District Level Scrutiny Committees concerned to decide the scheduled tribes status claim of an individual in the light of Act 16of 1993 and G. O. Ms. No. 58, SW (J2) Department, dated 12-5-1997 under Rule 5 (i) thereof. ( 4 ) THE learned single Judge disposed of the writ petition directing:the learned Counsel for the petitioner submits that by the impugned proceedings the Commissioner of Tribal Welfare directed the Convenor of Examinations to keep a seat in abeyance until further orders from the office and that the Commissioner of Tribal Welfare is not competent to enquire into the correctness or otherwise of the caste certificate obtained by the petitioner and it is only the District Level Scrutiny Committee under Act 16 of 1993, competent to make such enquiry in terms of Rule 8. In view of the above, ends of justice will be met if the petitioner is directed to submit all the required documents to the Commissioner of Tribal Welfare within a period of two weeks from today, and on such submitting the first respondent is directed to forward the same to the District Level Scrutiny Committee and pending further orders if the petitioner is entitled to the seat under Scheduled Tribe category, she should be provisionally allotted a seat as per Rule 19, and the enquiry shall be completed and result of the same shall be communicated to the 2nd respondent by the Distinct Level Scrutiny Committee as per Rules, within a period of three months. ( 5 ) AGGRIEVED by the aforesaid order, the appellant has preferred this appeal. ( 6 ) WE have heard the learned Counsel for the appellant Sri M. Vidyasagar and the learned Government Pleader for Social Welfare Sri. Naushad Ali. ( 7 ) THE learned Counsel for the appellant submitted that as per Section 21 of Act 16 of 1993 read with G. O. Ms. ( 6 ) WE have heard the learned Counsel for the appellant Sri M. Vidyasagar and the learned Government Pleader for Social Welfare Sri. Naushad Ali. ( 7 ) THE learned Counsel for the appellant submitted that as per Section 21 of Act 16 of 1993 read with G. O. Ms. No. 58, dated 12-5-1997, it becomes clear that a community certificate issued by any authority competent to issue, before the commencement of the said Act, would be valid and shall be deemed to have been issued under the provisions of the said Act unless it is cancelled under the provisions of the said Act, and therefore, the action of the 2nd respondent in referring the case of the appellant to the 1st respondent so as to verify the genuineness of her social status claim as ST, is without authority, jurisdiction and opposed to the provisions of the said Act. The learned Counsel for the appellant further submitted that the 1st respondent-Commissioner of Tribal Welfare is not the competent authority to scrutinize the doubtful claims of the individuals, and it is only the District Level Scrutiny Committee, which is competent to look into such doubtful claims. He further submitted that the judgment of the learned single Judge runs counter to Act 16 of 1993 as under Section 7 thereof, the Commissioner of Tribunal Welfare is only a member of the Scrutiny and Review Committee at the State Level, which is a body constituted for giving necessary guidance and advice to the Government on cases referred to it, where divergent and conflicting enquiry reports are received by the Government in respect of the community claims. The Commissioner of Tribal Welfare is only a member of what body with no power conferred upon him to enquire independently into the doubtful claims, but the learned single Judge by the impugned order has conferred such power upon the Commissioner of Tribal Welfare, without appreciating the statutory provisions of the said Act. We see merit and substance in this submission of the learned Counsel for the appellant. ( 8 ) ACT 16 of 1993, popularly known as the A. P. (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 (for short the Act ), came into force on 16-5-1997. We see merit and substance in this submission of the learned Counsel for the appellant. ( 8 ) ACT 16 of 1993, popularly known as the A. P. (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 (for short the Act ), came into force on 16-5-1997. It is an Act to consolidate the issue of Community Certificates relating to persons belonging to Scheduled Castes, Scheduled Tribes and Backward Classes and matters connected therewith or incidental thereto. It was brought to the notice of the Government that candidates who seek employment in Government Departments, Public Sector Undertakings and such other organizations and candidates seeking admission into educational institutions, against the vacancies or, as the case may be, the seats reserved for Scheduled Castes, Scheduled Tribes and Backward Classes are producing false community certificates and securing employment or seats, as the case may be, and by securing such employment or admission on the basis of false community certificates the benefits of special provisions made for the advancement of the Scheduled Castes, Scheduled Tribes and the Backward Classes in the matter of public employment and educational opportunities are not reaching such Castes, Tribes and Classes, and therefore, the Government have decided to curb effectively the evil practice of producing false community certificates by deriving a strict procedure for the issue of such certificates and prescribing deterrent punishment to those who produce false community certificates. ( 9 ) WITH the above object in view, Act 16 of 1993 was enacted by the Legislature of the State of Andhra Pradesh. In exercise of the power conferred by Section 20 (1), the Government of Andhra Pradesh framed Rules in G. O. Ms. No. 58, Social Welfare, (J), dated 12-5-1997, known as the A. P. Scheduled Castes, Scheduled Tribes and Backward Classes - Issued of Community, Nativity and Date of Birth Certificates Rules, 1997 (for short the Rules ), which came into force in all the areas of the State of Andhra Pradesh. Rule 7 of the Rules deals with the constitution of the Scrutiny and Review Committee at the State Level. The said Committee shall be constituted with the following officers: ( 10 ) THE above Committee shall review and monitor the functioning of the Scrutiny Committees at the District Level constituted under Rule 8. Rule 7 of the Rules deals with the constitution of the Scrutiny and Review Committee at the State Level. The said Committee shall be constituted with the following officers: ( 10 ) THE above Committee shall review and monitor the functioning of the Scrutiny Committees at the District Level constituted under Rule 8. It shall render necessary advice to the Government on various policy decisions to be taken for streamlining the procedure or on any other issues related to the issuing of Community Certificates as per the Act. The Committee may also render necessary guidance and advice to the Government on cases referred to it, where divergent and conflicting enquiry reports are received by the Government, in respect of the community claims. Rule 8 of the Rules deals with constitution of the Scrutiny Committee at the District Level. The Committee at the District Level shall be constituted with the following officers: ( 11 ) THE Scrutiny Committee shall conduct enquiry regarding doubtful claims, by giving notice in Form VI to the applicant, within the period specified in the notice. The Scrutiny Committee shall cause enquiry, following the due process of law to verify the genuineness or otherwise of the information furnished or recorded from such persons as called in the enquiry as per Form V. The Scrutiny Committee shall examine the school records, birth registration certificates, if any, furnished by the persons during the enquiry. It may also examine any other person who may have the knowledge of the community of the applicant. With reference to the claims of Scheduled Tribes, it may examine the anthropological and ethnological traits, deity, rituals, customs, mode of marriage, death ceremonies/method of burial of dead bodies, etc. , of that particular tribe, to finalise its recommendations to the competent authority. The Scrutiny Committee should give reasonable opportunity to the applicant to produce evidence in support of their claim. The Committee shall examine the report of enquiry conducted by the Revenue Department furnished to it by the competent authority. It may also expect opinion from the Commissionerate of Social Welfare/ Tribal Welfare through the officers of the Research Organisations of these Commissionerate who are the members of the Scrutiny Committee, if deemed necessary. The Committee shall examine the report of enquiry conducted by the Revenue Department furnished to it by the competent authority. It may also expect opinion from the Commissionerate of Social Welfare/ Tribal Welfare through the officers of the Research Organisations of these Commissionerate who are the members of the Scrutiny Committee, if deemed necessary. The Chairman of the Scrutiny Committee i. e, Joint Collector of the District, shall send the recommendations of the Committee to the competent authority stating clearly whether the community claim of the person in question or his or her children, is genuine or false with reasons thereof, within 45 days from the date of receipt of the case referred to it by the competent authority. ( 12 ) FROM the above, it is clear that Rule 8 of the Rules prescribed the procedure for conduct of enquiry as regards doubtful claims as well as cancellation of certificates obtained by fraudulent methods. Having regard to the provisions of the Act and the Rules made thereunder, and more particularly, Rule 8 of the Rules, we dispose of this writ appeal in the following terms: The Scrutiny Committee at the District Level shall consider the case of the appellant as regards the genuineness of the social status ST certificate produced by her before the 2nd respondent. As directed by the learned single Judge, the appellant shall be provisionally allotted in accordance with Rule 19 of the Rules for a period of three months, and in the meanwhile, the Scrutiny Committee at the District Level shall complete the enquiry and submit its report to the District Collector. We make it clear that the provisional admission of the appellant shall be subject to the report that may be submitted by the Scrutiny Committee at the District Level, and the orders that may be passed by the District Collector. The appellant shall co-operate with the conduct of the enquiry so that it is completed within the stipulated time. The Registry is directed to communicate a copy of this order to the District Collector as well as the Joint Collector of Vizianagaram District, for taking appropriate action.