1 APHC010030322020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] WEDNESDAY ,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 1784/2020 Between: Purini Mohan ...PETITIONER AND The Staff Selection Commission and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. M SRIKANTH Counsel for the Respondent(S): 1. DEPUTY SOLICITOR GENERAL OF INDIA 2. PASALA PONNA RAO (SC FOR CENT GOVT.) The Court made the following: ORDER: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “…..declaring the action of respondents in insisting upon the petitioner to produce fresh social status certificate for appointment to the post of Constable (GD) in Central Armed Police Force (CAPFs), NIA and SSF and Rifleman (GD) in Assam Rifles (A.R) as highly illegal, arbitrary, unjust and contrary to Section 4 of the A.P. (Scheduled Castes, 2 Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 read with Rule 16 of the A.P. (Scheduled Castes, Scheduled Tribes and Backward Classes) Issue of Community, Nativity and Date of Birth Certificates Rules, 1997 and pass such other order or orders.” 2. Heard learned counsel for the petitioner. 3. None appeared for the respondents. 4. Though the writ petition is filed in the year 2020, the respondents have not filed any counter till date. Hence, the right to file counter by the respondents is forfeited under Rule 12(i) of Writ Proceedings Rules, 1977. 5. On hearing, learned counsel for the petitioner relied on the judgment of the Hon’ble Supreme Court in R.Kandasamy v. Chief Engineer Madras Port Trust1, wherein the Hon’ble Apex Court held at para Nos. to 8, which reads as under: “(6) In our opinion the community Certificate issued to a Schedule Tribe candidate by the Tehsildar prior to 11/11/1989 is a good and valid Community Certificate for all purposes so long as such a certificate is not cancelled. The authorities cannot decline to take that into consideration and insist upon a fresh Community Certificate from the Revenue Divisional Officer. (7) The judgement of the High Court under the circumstances cannot be sustained. They are set aside any by a Mandamus we direct the respondent to take into consideration the Community Certificate issued to the appellant by the Tehsildar which had already been produced 1 LAWS (SC)-1997-8-73 3 before it for the purpose of consideration of the appellant to the appointment. (8) We clarify that we have only dealt with the legal aspect of the matter and have not pronounced upon the genuineness and the correctness of the Community Certificate for which if there is any doubt (though none appear to have been raised in the High Court and none was projected before us either) the respondent shall have to hold as proper enquiry but till that certificate is not cancelled, the certificate shall be treated as a valid certificate issued by the competent authority.” 6. By following the above judgment, this Writ Petition is also disposed of directing the respondent authorities not to insist the petitioner to produce fresh community certificate for appointment to the post of Constable (GD) in Central Armed Police Force (CAPFs), NIA and SSF and Rifleman (GD) in Assam Rifles (A.R), treating the community certificate produced by the petitioner as a valid document, until proper enquiry is conducted and certificate is being cancelled. There shall be no order as to costs. 7. As a sequel, miscellaneous applications pending, if any, shall stand closed. ________________________ DR. K. MANMADHA RAO, J. Date: 29.01.2025 ARR 4 HON’BLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION No.1784 of 2020 Date : 29.01.2025 ARR