JUDGMENT :- The petitioner was born in Tadepalli Village of Maredumilli Mandal, of East-Godavari District, which is in scheduled area. He' claims that he belongs to Valmiki Caste, recognized as Scheduled Tribe. On 24.9.1990, he was appointed as Assistant in the Life Insurance Corporation of India (for short 'the Corporation '). Thereafter, he earned certain promotions, in that organization. 2. The Corporation addressed letter to the Mandal Revenue Officer, Maredumilli (for short 'the M.R.O.'), to inquire into the genuinity of the social status of the petitioner. Initially, the M.RO issued proceedings dated 17.7.1992, confirming that the petitioner belongs to Scheduled Tribe. Thereafter, further inquiry was conducted by the M.R.O., and Revenue Divisional Officer, Rampachodavaram (for short 'the R.D.O'). On the basis of the reports submitted by those officers, the District Collector, East-Godavari, at Kakinada, the 2nd respondent, initiated proceedings under the AP (SC, ST and BCs) Regulation of Issue of Community Certificates Act, 1993 (for short 'the Act') and the Rules made there under. The allegation against the petitioner was, that he belongs to 'Mala Community', which is recognized as Scheduled Caste, and that he does not belong to Scheduled Tribe. A show-cause was issued, requiring the petitioner to appear before the District Level Scrutiny Committee (for short 'the Committee'). He appeared before the Committee on the specified date. The petitioner represented that Malas, in agency tracts are treated as equivalent to 'Valmiki Caste', al1d the caste certificate issued to him does not suffer from any infirmity. 3. The Committee submitted its report, expressing the opinion, that the petitioner does not belong to Scheduled Tribe. The 2nd respondent took the report, as well as the explanation submitted by the petitioner, into account, and passed orders dated 15.12.2000, declaring that the petitioner belongs to Scheduled Caste, and not Scheduled Tribe. The petitioner filed an appeal before the 1st respondent against the order passed by the 2nd respondent. The appeal was dismissed vide orders in G.O. Ms. No.35, dated 26.3.2002. Hence this writ petition 4. The petitioner contends that the orders issued by the erstwhile British Government, and the Government of India, after independence, from time to time, have recognized 'Malas' in the agency tracts, as 'Valmikies', which, in turn, are recognized as Scheduled Tribes, and there is no basis for the 2nd respondent for taking a different view. Hence this writ petition 4. The petitioner contends that the orders issued by the erstwhile British Government, and the Government of India, after independence, from time to time, have recognized 'Malas' in the agency tracts, as 'Valmikies', which, in turn, are recognized as Scheduled Tribes, and there is no basis for the 2nd respondent for taking a different view. In the detailed affidavit, which runs into 25 typed pages, the petitioner had referred to the details of his study in various institutions; the orders issued by the respective Governments, at different points of time, and other related Issues. 5. The respondents filed counter affidavit, opposing the writ petition. It is stated that the records maintained by various authorities clearly disclose that the family of the petitioner belong to 'Mala' community, which is a Scheduled Caste, and not Scheduled Tribe. They contend that during his study, up to graduation, the petitioner did not claim the status of Scheduled Tribe, and for the first time, he claimed such a status, for appointment by the Corporation, as an Assistant. According to the respondents, the inquiry was conducted, giving ample opportunity to the petitioner, and strictly in accordance with the prescribed procedure. 6. Sri R. Raghunandan, learned Counsel, appeared for the petitioner. He submits that the 2nd respondent proceeded on certain assumptions, and did not take into account the various orders, that were issued over the past century, in which, 'Malas' in scheduled areas were recognized as Scheduled Tribes. He further contends that, from the beginning, the petitioner claimed his community as 'Valmiki', and had substantiated the same during the course of inquiry, and that, even if he is to be treated as 'Mala', the orders issued, from time to time, by the Government, recognized the same as Scheduled Tribe. He complains that the reports of the RDO and MRO were not furnished to his client. 7. Learned Government Pleader for Social Welfare, on the other hand, submits that a categorical finding was recorded to the effect that, in the Births and Deaths Register, maintained by the concerned authorities, the caste of the grandfather of the petitioner was mentioned as 'Mala', and there is nothing on record to disclose that the petitioner, or his family members practice the customs and tenets of Valmiki' community. 8. The petitioner secured appointment as Assistant in the Corporation against a vacancy reserved in favour of Scheduled Tribes. 8. The petitioner secured appointment as Assistant in the Corporation against a vacancy reserved in favour of Scheduled Tribes. He placed reliance upon a certificate, said to have been issued by the MRO. The process of verification of the social status of the petitioner, led to initiation of proceedings under the Act, and the Rules made there under. That was preceded by a report, by the MRO and RDO. As required under the Act and the Rules, the matter was referred to the Committee. The petitioner appeared before the Committee, and after taking the relevant aspects into account, the Committee submitted a report, on 23.10.2000. The 2nd respondent passed the impugned order dated 15.12.2000, holding that the petitioner does not belong to Scheduled Tribe, but is a Scheduled Caste. The petitioner filed WP No.4649 of 2001 against the order dated 15.12.2000. The writ petition was dismissed, leaving it open to the petitioner to avail the remedy of appeal before the 1st respondent. Writ Appeal No.438 of 2001 filed by the petitioner was dismissed, affirming the order in WP No.4649 of 2001. Thereafter, the petitioner availed the remedy of appeal before the 1st respondent, and the appeal was dismissed through orders in G.O. Ms. No.35, dated 26.3.2002. 9. One of the grounds raised by the learned Counsel for the petitioner is that, his client was not furnished the reports of the MRO and RDO, which were taken into account by the 2nd respondent in the proceedings. The Act and the Rules confer the jurisdiction upon the 2nd respondent, to examine the genuinity of the social status of an individual in the district. Such proceedings can be initiated, either on a complaint made by someone, or suo motu. The function of verification of the various facts, relating to the social status of an individual, is assigned to the Committee; the composition of which is prescribed under the Rules. The reports, submitted by the MRO and RDO would, at the most constitute the basis for initiation of proceedings, or the primary material. It is not as if the findings therein were taken on their face value. They constituted the basis for the 2nd respondent, to start the process of verification, as provided for under the Act and the Rules. The reports, submitted by the MRO and RDO would, at the most constitute the basis for initiation of proceedings, or the primary material. It is not as if the findings therein were taken on their face value. They constituted the basis for the 2nd respondent, to start the process of verification, as provided for under the Act and the Rules. The actual examination of the matter has taken place before the Committee, and admittedly, the petitioner was given full opportunity, to put forward his case. Therefore, it is difficult to accept, that the proceedings are vitiated, on account of non-supply of the report of the MRO and RDO. 10. Extensive submissions are made, touching on the merits of the matter. It is relevant to mention that the petitioner studied up to graduation, within the agency area. However, he did not choose to obtain the caste or community certificate from the competent authority. For the first time, 'he claimed the status of a Scheduled Tribe, when he studied B. Ed., course. That, however, did not result in conferment of any benefit, much less, appointment. It was only when he applied to the Corporation for employment as Assistant, that he produced a caste certificate, said to have been issued by the MRO. A copy thereof is filed in, the material papers. It does not contain the date of issue. From the reference number thereof, it appears that, it was issued in the year 1988. The certificate reads as under: "Ref.C2/ST/526/88 CERTIFICATE This is to certify that Claim of Sri Chittibabu Dokkuluri, Son of Mangayya Dokkuluri of village Kundada Mandal Maredumilli in the District East Godavari of the Andhra Pradesh has been verified as per the Procedure laid down, and he belongs to the Valmiki Caste, which is recognized as the Scheduled Tribe under: The Constitution (Scheduled Caste) Order, 1950. G.O. Ms. No.1793, Education, dated 23.9.1970 as amended time to time. (As amended by the Scheduled Castes and Scheduled Tribe Lists (Modification) Order, the Scheduled Castes and Scheduled Tribes Orders (Amendment Act 1976). Sri Chittibabu Dokkuluri and his family ordinarily reside(s) in village/Town Kundada, District East Godavari of the State of AP. Date: XXXXX Mandal Revenue Officer Maredumilli Date: Place: 11. No.1793, Education, dated 23.9.1970 as amended time to time. (As amended by the Scheduled Castes and Scheduled Tribe Lists (Modification) Order, the Scheduled Castes and Scheduled Tribes Orders (Amendment Act 1976). Sri Chittibabu Dokkuluri and his family ordinarily reside(s) in village/Town Kundada, District East Godavari of the State of AP. Date: XXXXX Mandal Revenue Officer Maredumilli Date: Place: 11. It is relevant to note that Article 342 of the Constitution of India empowers the President, in consultation with the Governor, to specify the "tribes or tribal communities or parts of or groups within tribes or tribal communities..." to be deemed to be Scheduled Tribes in relation to that State or Union Territory. In contrast, Article 341 empowers the President to specify "castes, races, or tribes or parts of or groups within castes, races or tribes..." to be deemed to be Scheduled Castes in relation to that State or Union Territory, as the case may be. The word 'caste' does not occur in Article 342 of the Constitution. This was so, even before the independence. For instance, in a notification issued on 2nd November, 1939, it was mentioned as under: "The following are notified as "hill tribes", for the purpose of the Agency Tracts Interest and Land Transfer Act, 1917". 12. In Kandrati Subboji v. Government of Andhra Pradesh, 1998 (1) ALD 726 , this Court emphasized the clear distinction between caste and tribe. That arose with reference to the 'Kammara' 'Kammara' as a caste, figures in Backward Classes; whereas 'Kammara', as a tribe, is recognized as Scheduled Tribe. 13. Even if one goes by the certificate produced by the petitioner, what is certified is, that, he belongs to 'Valmiki' caste, and not tribe. 14. The Committee took note of the fact that the grandfather of the petitioner, by name, Dokkuluri Chinnaiah, died on 6.4.1942, and in the Register of Births and Deaths, his caste was mentioned as 'Mala'. It has also been found that the petitioner married the daughter of one, Chilli Sriramulu, who belongs to Scheduled Caste. Extensive reference was made to the genealogical information, marital relations, and other particulars, with reference to the petitioner and his family. A clear finding was recorded to the effect that the petitioner belongs to 'Mala Caste', which is recognized as Scheduled Caste, and not 'Valmiki', a Scheduled Tribe. 15. Extensive reference was made to the genealogical information, marital relations, and other particulars, with reference to the petitioner and his family. A clear finding was recorded to the effect that the petitioner belongs to 'Mala Caste', which is recognized as Scheduled Caste, and not 'Valmiki', a Scheduled Tribe. 15. Strenuous effort was made by the learned Counsel for the petitioner to convince this Court, that, in view of the Rules framed under the Madras Agency Tracts Interest and Land. Transfer Act, vide G.O. Ms. No.187, dated 22.1.1918, the claim of the petitioner deserves to be accepted. The heading of the relevant Rule reads as under: "The following are notified as the hill tribes, for the purposes of this Act." 16. In the subsequent notifications, issued in the years 1927, 1931 and 1932, the communities are mentioned as tribes, and in none of them, the word 'caste' finds place. 17. The 2nd respondent had assigned cogent and valid reasons, in support of his conclusions. It is not as if the petitioner does not have the benefit of reservation. Findings were recorded to the effect that he belongs to Scheduled Caste. The reservations provided in favour of Scheduled Tribes cannot be permitted to be knocked away by any other persons, or groups. The 1st respondent had also examined the matter, in detail, and rejected the appeal, as being without merits. This Court is not inclined to take any different view. 18. The writ petition is accordingly dismissed. It is, however, directed that the feasibility of continuing the petitioner in the employment of the Corporation against a vacancy reserved for Scheduled Caste shall be considered in such a way, as not to affect the rights of the employees, appointed under that category, earlier to the petitioner. 19. There shall be no order as to costs.