IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 25706 of 2014 BETWEEN D.Bhuchandra Prasad AND ... PETITIONER The Government of Andhra Pradesh, Rep. by its Principal Secretary (Department of Revenue), A.P. Secretariat Building, Hyderabad and others ...RESPONDENTS The Court made the following:
ORDER:
Heard.
2. By this writ petition, petitioner had sought for caste certificate for his son-D.Sai Sushmith as well as his daughter-D.Jyoshimtha by applying in the prescribed proforma to respondent No.3, who is stated to be competent authority under the provisions of A.P.(Scheduled Castes, Scheduled Tribes and Backward Classes) Issue of Community, Nativity and Date of Birth Certificate Rules, 1997 (for short '1997’).
It is stated that petitioner’s daughter is aged 13 years and his son is aged 10 years. Petitioner made the aforesaid application by enclosing his caste certificate along with that of his wife as well as caste certificates of other relatives. Petitioner states that there is no reason for respondent No.3 to reject the certificate, sought for, as the petitioner belongs to Ediga caste. The present writ petition is, however, filed questioning 1) the impugned endorsement, dated 09.08.2014, rejecting the petitioner’s application so far as his daughter-Jyothi is concerned and 2) another impugned order, dated 11.08.2014, whereunder the caste certificate sought for for the son of the petitioner is issued certifying him to be of Balija (OC) Community. Both the said impugned orders are questioned by this common writ petition on payment of separate fees.
3. Since the orders impugned itself are found to be unreasoned and erroneous, learned government pleader was also heard at the stage of admission and the writ petition itself is being disposed of at this stage.
4. So far as the first impugned order, dated 09.08.2014, concerning the petitioner’s daughter is concerned, the application is rejected and the only reason mentioned is ‘rejected’. So far as the second impugned order, dated 11.08.2014, concerning the petitioner’s son is concerned, though the petitioner sought certificate as that he also belongs to Ediga Caste, altogether different caste certificate is given stating that petitioner’s son belongs to Balija (OC) Community.
It is evident from the caste certificates of the petitioner and his wife, which are produced along with the writ petition, that both of them are certified as belonging to Ediga community. Their son, therefore, cannot be stated to belong to some other caste. Learned counsel for the petitioner has also relied upon the similar certificates issued to his other close relatives showing that they belong to Ediga caste.
5. It appears from the reading of the impugned orders that respondent No.3 has not properly appreciated and applied his mind as he cannot issue an endorsement without giving reasons as has been done while rejecting the caste certificate sought for for petitioner’s daughter. Similarly, the certificate for the son cannot be of some other caste when the parents belong to Ediga caste. Learned Government Pleader also is unable to justify the orders impugned on any ground.
6. In my view, therefore, it cannot but be just and appropriate to set aside both the impugned orders and remit the matter for fresh consideration to respondent No.3 so that he can examine the documents filed by the petitioner and then take appropriate decision in the matter.
Writ petition is, therefore, allowed and the impugned order is set aside. The application of the petitioner made on behalf of his minors i.e., daughter and son, referred to above, shall stand remitted to respondent No.3 for fresh consideration and for appropriate orders in accordance with the Act expeditiously. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J September 3, 2014 LMV