APHC010268012024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 13915/2024 Between: 1. YENUMALA VENKATA PADMAVATHI DEVI, D/O YGSS RAMANNADORA@RAMAMOHANRAO AGED ABOUT 34 YEARS, MANVITA ENCLAVE, BACK SIDE OF REDDY OIL MILL,ANNAVARAM,TUNI, EAST GODAVARI DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY,SOCIAL WELFARE DEPARTMENT. SECRETARIAT, AMARAVATHI, GUNTUR DIST,STATE OF ANDHRA PRADESH 2. THE DISTRICT COLLECTOR, , VISAKHAPATNAM DISTRICT, AP. 3. THE MANDAL REVENUE OFFICER, NATAVARAM MANDALAM. VISHAKAPATNAM DIST-AP. 4. THE COMMISSIONER OF SCHOOL EDUCATION, VIJAYAWADA,AP,4TH FLOOR, B BLOCK,VTPS ROAD,BHIMARAJU GUTTA.IBRAHIMPATNAM ANDHRA PRADESH-521456 5. THE COMMISSIONER AND EX OFFICIAL PRINCIPAL SECRETARY, GOVERNMENT OF ANDHRA PRADESH,MINORITY AND SOCIAL WELFARE DEPARTMENT, B BLOCK, 1ST FLOOR, AP SECRETARIET OFFICE, 2 VELAGAPUDI- AP -522503. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue writ of Mandamus, and pass such other orders against the Respondents have not implemented the Honble High Court Orders, and not issued Fresh/new Caste certificate to the Petitioner based on the previous caste certificate dtd.26/01/2007, for getting School Assistant job in the Education department bases on orders passed in WP no. 16757/2016 Order Dtd.25/02/2021. And the 3rd Respondent has conducted the enquiry and attend the village Gramashabha meeting with presence of Mandal Revenue Inspector dtd. 04/06/2021, and confirmed that the petitioner belongs ST community, and the School Authorities of the petitioner has submitted SSCI Certificate/ Records before the 3rd Respondent and the Certificate also confirmed that the petitioner belongs to ST community, eventhou the Respondents have not issued Fresh Caste Certificate to the petitioner for getting employment as per sub clause (3) clause 10 in GO Ms no.38 dtd 19/11/2014 which is unjust, unfair, illegal, arbitrary and against the fundamental Rights under Art. 14,16,21,and Art 226 of Constitution of India. Consequently, the Honble High court may be pleased 1)To Direct the 2nd Respondent to conduct the enquiry about the pending application Dtd. 19/03/2021 as per the Orders passed by the Honble High Court in WP no. 16757/2016 Order Dtd.25/02/2021. 2) To Direct the 2nd Respondent to Issue Caste Certificate to the Petitioner based on the previous caste certificate dtd.26/01/2007, for getting School Assistant job in the Education department as per sub clause (3) clause 10 in GO Ms no.38 dtd 19/11/2014 to the petitioner, as well as, under the persuasion of 3rd Respondent the statement recorded by the Village Grama Shaba meeting, Dtd.04/06/2021 and confirmed the same as the petitioner belongs to ST community Or Issue appropriate directions to the Concerned Authorities to Issue caste certificate to the Petitioner for getting employment as School Assistant in Education Department, another case is still the pending writ petition No. 1330/2021 before this Honble High Court and pass IA NO: 1 OF 2024 3 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to Direct the 4th Respondent to allot one seat to the petitioner as School Assistant in his Deparment till final disposal of the Writ Petition and pass pending disposal of the above writ petition and pass IA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant leave to Respondent No.3 to file counter affidavit in the above writ petition IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to grant leave to the petitioner herein/Respondent No.2 in the Writ Petition No. 13915 of 2024 to file counter affidavit in the above Writ Petition and pass Counsel for the Petitioner: 1. D SATYAVATHI Counsel for the Respondent(S): 1. GP FOR EDUCATION 2. GP FOR REVENUE 3. GP FOR SOCIAL WELFARE WRIT PETITION NO: 1330/2021 Between: 1. YENUMULA VENKATA PADMAVATHI DEVI, D/O YGSS RAMANNADORA@RAMAMOHANRAO AGED ABOUT34 YEARS MANVITA ENCLAVE, BACK SIDE OF REDDY OIL MILL, ANNAVARAM,TUNI, EAST GODAVARI DIST. ...PETITIONER 4 AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY HIGHER EDUCATION DEPARTMENT, AMARAVATHI, SECRETARIAT, STATE OF ANDHRA PRADESH 2. THE COMMISSIONER OF SCHOOL EDUCATION, FOR THE STATE OF ANDHRA PRADESH 3. THE DISTRICT EDUCATION OFFICER, VISHAKAPATNAM DIST ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tothe petitioner is filed writ of mandamus under Art.226 of constitution of india against the respondents are not providing the employment as school assistent from the date of selection on based copy of the cast certificarte issued Dtd.26/01/2007 as well as acording to agency laws dtd.01/05/1976, but the respondents are not providing the employment to the petitioner which is is illegal,unjust, arbitrary and voilate the fundamental rights under Art 14,16,21,226 of constitution of India. consiquently the petitioner is filed writ of mandamus under Art.226 of constitution of india against the respondents are not providing the employment as school assistent from the date of selection on based copy of the cast certificarte issued Dtd.26/01/2007 as well as acording to agency laws dtd.01/05/1976, but the respondents are not providing the employment to the petitioner which is is illegal,unjust, arbitrary and voilate the fundamental rights under Art 14,16,21,226 of constitution of India. consiquently 1). To direct the respondents to provide the employment to the petitioner as school Assistent based on the copy of the cast certificate the cast ad residence certificarte issued by the MRO Dtd.26/01/2007 as well as acording to Schedule part (1) Andhra Pradesh (sl No.14) Agency laws dtd.01/05/1976, and pass IA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased To direct the Respondent No-2 to provide the employment to the petitioner temparary basis to survive the dependents of her family member pending disposal of the above writ petition and pass 5 Counsel for the Petitioner: 1. D SATYAVATHI Counsel for the Respondent(S): 1. D SATYAVATHI Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION The Court made the following: 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION Nos.13915 of 2024 and 1330 of 2021 C O M M O N O R D E R: 1. The Writ Petition No.13915 of 2024 is filed questioning the inaction of Respondents in not complying with the orders passed by this Court in W.P.No.16756 of 2016, dated 25.02.2021, and not issuing a fresh/new caste certificate to the Petitioner based on the previous caste certificate, dated 26.01.2007, as illegal and arbitrary. 2. The Writ Petition No.1330 of 2021 is filed questioning the inaction of Respondent Nos.1 and 2 for not providing employment to the Petitioner, basing on the caste of the Petitioner issued in the year 2007, as illegal and arbitrary. 3. The facts leading for filing of these Writ Petitions are as follows: The Petitioner claims to be belonging to the ‘Konda Kapu’ community, which comes under the Scheduled Tribe (for short, 'S.T.') community, having settled in Nathavaram Mandal, Visakhapatnam District, for over 40 years, since the father of the Petitioner, namely Y.G.S.S. Ramannadora @ Rama Mohan Rao, had settled in Nathavaram Mandal, Visakhapatnam District. The then Mandal Revenue Officer, Nathavaram Mandal, Visakhapatnam District on an application given by the Petitioner for issuance of a community certificate, had issued a caste 7 and resident certificate on 26.01.2007, declaring the Petitioner as belonging to the ‘Konda Kapu’ (S.T.) community. 4. In course of time, the Petitioner was qualified for appointment to the post of School Assistant and the Petitioner was called upon to furnish a fresh caste certificate, to enable the school authorities to consider her case for issuing appointment orders, subject to the interview. However, the Mandal Revenue Officer did not give a fresh caste certificate and therefore, the Petitioner filed W.P.No.16756 of 2016 before this Court. Thereafter, this Court taking note of the circumstances passed an interim order permitting the Petitioner to participate in the interview based on the photostat copy of her caste and residence certificate and to keep one post of School Assistant vacant till further orders. 5. It was further submitted that the District Educational Officer had declared the Petitioner qualified in the interview and had kept one post vacant to the Petitioner as per the interim order passed by this Court. Later, the W.P.No.16756 of 2016 was disposed of on 25.02.2021 directing the authorities to conclude the enquiry into the caste of the Petitioner within a period of four (04) months. The grievance of the Petitioner now is that inspite of the directions passed by this Court, the enquiry was not concluded and that the Petitioner be provided employment on the basis of the previous caste certificate, dated 26.01.2007. Hence, the present Writ Petitions are filed. 8 6. In the counter affidavit filed by Respondent No.2, it was submitted that, pursuant to the orders passed by this Court in W.P.No.16756 of 2016, the Collector and District Magistrate, Visakhapatnam, had directed the Project Officer, ITDA, Paderu, to conduct DLSC at an earliest date and to pass appropriate orders. 7. It was further submitted that the Tahasildar, Nathavaram, had conducted an enquiry in respect of the caste of the Petitioner and as per the enquiry, the father of the Petitioner migrated from Prathipudi Mandal, East Godavari District, and married the mother of the Petitioner, who belongs to the ‘Kapu’ caste. It was further submitted that the caste of the father of the Petitioner is not known and the father of the Petitioner in order to get the benefits of the reservation, had mentioned the caste of his daughter as the ‘Konda Kapu’ (S.T.) community in her school records. 8. It was further submitted that after the formation of Mandals in 1985, no ‘Konda Kapu’ (S.T.) community certificates were issued in Visakhapatnam District and that the caste certificate issued by the then Mandal Revenue Officer, Nathavaram Mandal in the year 2007 was unfortunate and is invalid under law. 9. Learned counsel for the Petitioner submitted that, as the enquiry is not concluded till date, there is no justification to keep the appointment of the Petitioner in abeyance till the conclusion of the caste enquiry. 9 10. Learned Assistant Government Pleader submitted that ITDA, Paderu, upon receiving intimation from the Collector and District Magistrate, Anakapalli, through a letter issued vide Rc.No.141/2026/Magl.C2, dated 30.01.2026, had informed that they have initiated action and issued notice to the Petitioner on 02.02.2026 in Form VI from the Chairman, DLSC, and Project Officer, ITDA, Paderu, Alluri Seetharamaraju District with regard to the community enquiry relating to the Petitioner. 11. Heard the counsels. 12. The Petitioner along with the Writ Petition No.13915 of 2024, had filed transfer certificate issued by District Educational Officer, Visakhapatnam, vide Rc.No.72B1/79, dated 30.05.1980, wherein it was mentioned that the Petitioner belongs to the ‘Konda Kapu’ (S.T.) community. Similarly, in the transfer certificates issued by the Government College for Women, Kakinada, and Mother College of Education, Darmasagaram, it was mentioned that the Petitioner belongs to the ‘Konda Kapu’ (S.T.) community. 13. The caste certificate issued by the Mandal Revenue Officer, Nathavaram Mandal vide Certificate No.413 of 2007, dated 26.01.2007 also mentions that the Petitioner is belonging to ‘Konda Kapu’ (S.T.) community. These documents are coherent and prima facie establish that 10 the Petitioner belongs to the ‘Konda Kapu’ (S.T.) community. Apart-from that, this Court disposed of the W.P.No.16756 of 2016 with the following directions:- “As the authority under the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 (for short “the Act) is the District Collector of the concerned District, the District Collector, Visakhapatnam shall consider the report of the 4th respondent vide Rc.No.443/2016/A/Dt.05.09.2017 for the purposes of taking further action of the Act and Rules. In the event of the District Collector being satisfied of a prima-facie case against the petitioner, the District Collector shall initiate proceedings under the Act after due opportunity and hearing to the petitioner for cancellation of the caste certificate issued in the year 2007. In the event of the District Collector being satisfied that the petitioner is a member of the “Kondakapu” community and she is entitled to a caste certificate to that effect, the District Collector shall take necessary steps for issuance of such caste certificate in favour of the petitioner. This entire exercise of considering the question of whether the petitioner is a member of the “Kondakapu” community and she is entitled to caste certificate to that effect shall be completed within a period of four (4) months from the date of receipt of a copy of this order. The petitioner shall approach the District Collector, Visakhapatnam with a copy of this order and the period of four (4) months shall commence from the date of a copy of the order submitted by the petitioner to the District Collector, Visakhapatnam.” 14. Though five years have lapsed from the date of the order passed by this Court, the enquiry with regard to the issuance of community certificate to the Petitioner is still pending, and there is absolutely no justification on the part of the Respondents to keep the issuance of community certificate to the Petitioner on hold for all these days. The delay in conclusion of the enquiry into the community certificate of the Petitioner is leading to delay of her appointment as School Assistant in which the Petitioner is said to have been selected in the year 2016. 11 15. Therefore, to balance the competing interests, these Writ Petitions are disposed of, with the following directions:- (i) The Respondents are directed to consider the case of the Petitioner for appointment as School Assistant, for which the selection is conducted in the year 2016, subject to the outcome of the enquiry with respect to the community certificate of the Petitioner. (ii) There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in these Writ Petitions shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 12.03.2026 chs 12 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 160 WRIT PETITION Nos.13915 of 2024 and 1330 of 2021 Dated:12.03.2026 chs