APHC010162082026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 11508 OF 2026 Between: 1. PEETHALA LALITHA JYOTHI, D/o Late Poulraju Peethala, Aged about 39 Years, Occ Lecturer, R/o Door No 12-07-26, Venu Gopalaswamy Temple Lane, Challa Vani Street Ramachandrapuram, Dr BR Ambedkar Konaseema Dist, Andhra Pradesh 533 255. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Through its Principal Secretary, Department of Social Welfare, Secretariat, Velagapudi, Amaravati, Andhra Pradesh. 2. The District Collector and District Magistrate, West Godavari District, Bhimavaram, Maruthi Nagar, Bhimavaram, Andhra Pradesh - 534 201. 3. The Chairman, District Level Scrutiny Committee (DLSC), West Godavari District, Bhimavaram, Andhra Pradesh - 534 201. 4. The Tahsildar, Ganapavaram Mandal, West Godavari District, Andhra Pradesh. 5. Mrs Konala Sathi Savitri, W/o Konala Lakshmana Reddy, Aged 38, Occ Business, Dno. 7-140, Ramu doctor Street, Dharanikota, Anaparthi - 533342, East Godavari. ...Respondents 2 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 a Writ, Order or Direction, more particularly in the nature of a Writ of Mandamus or any other appropriate Writ Declaring the impugned order dated order dated 03.04.2025 vide Roc.No.1929166/2024/Magi, passed by Respondent No.2 cancelling the Petitioner Scheduled Caste (Mala) Certificate as illegal, arbitrary, unconstitutional, without jurisdiction, violative of the principles of natural justice, contrary to the A.P. (Scheduled Castes, Scheduled Tribes and Backward Classes) Issue of Community, Nativity and Date of Birth Certificate Rules, 1997, G.O.Ms.No.58, Social Welfare (J) Department dated 12.05.1997, the Constitution (Scheduled Castes) Order, 1950, Articles 14, 15(4), 16(4), 21 and 300A of the Constitution of India, and the binding precedents of the Honble Supreme Court and High Courts relied upon herein, including but not limited to Kailash Sonkar v. Maya Devi (1984) 2 SCC 91, Madhuri Patil v. Addl. Commissioner, And Consequently direct the Respondents, more particularly Respondent No.l and Respondent No.2, to (a) Forthwith restore / reinstate the Petitioner Scheduled Caste (Mala) Certificate issued in 2003/2023 and all consequential benefits, including reservation entitlements, pending final disposal of the statutory appeal / revision preferred by the Petitioner or till the final disposal of this Writ Petition,hichever is earlier (b) Suspend / stay the operation and effect of the impugned order dated 03.04.2025 vide Roc.No.1929166/2024/Magi and all further proceedings / actions pursuant thereto, including any cancellation / withholding of the SC Certificate, withdrawal of reservation benefits, or adverse actions against the Petitioner livelihood, pending disposal of the statutory appeal / revision or this Writ Petition (c) Direct Respondents, District Level Scrutiny Committee to conduct a fresh de novo / holistic enquiry into the Petitioner claim for Scheduled Caste (Mala) status strictly in accordance with the provisions of the A.P. (Scheduled Castes, Scheduled Tribes and Backward Classes) Issue of Community, Nativity and Date of Birth Certificate Rules, 1997, G.O.Ms.No.58 dated 12.05.1997, and the principles laid down in the aforesaid judgments, by (i) duly considering and giving due weight to the verification report of the Konaseema Tahsildar Collector dated 01.12.2024 in its entirety, along with the Petitioners affidavit dated 10.01 .2025 disavowing Christianity and affirming her adherence to Hinduism (ii) holistically assessing the Petitioners present professed religion (Hinduism), personal conduct, temple marriage, child-naming after Hindu deities, household idols and daily rituals, Annadhana donations, community participation, social acceptance within the SC- 3 Mala community, and absence of any rejection or exclusion by the community (iii) without being influenced by any extraneous third-party complaints, biased directions, or pre determination, and disregarding irrelevant factors 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 Suspend the operation and effect of the impugned order dated 03.04.2025 passed by the 2nd Respondent vide Roc.No.1 929 1 66/2024/Magi and stay all further proceedings / actions pursuant thereto, including cancellation/withholdingof the Petitioner Scheduled Caste (Mala) Certificate, withdrawal of reservation benefits, or any coercive steps against the Petitioner livelihood; and Direct the Respondents, more particularly Respondent Nos.2 and 4, to forthwith restore/reinst ate the Petitioner permanent Scheduled Caste (Mala) Certificate No. CGC231004047253 dated 06.10.2023 (and the earlier certificate issued in 2003) together with all consequential benefits including reservation entitlements, and to treat the Petitioner as belonging to SC-Mala community for all purposes pending final adjudication and such other and further interim directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case to prevent irreparable injury and miscarriage of justice. Counsel for the Petitioner: BALAIAH B Counsel for the Respondents: GP FOR SOCIAL WELFARE The Court made the following order: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY Writ Petition No:11508 /2026 O R DE R: 1. The present Writ Petition is filed principally questioning the non- consideration of the stay of the orders passed by the Collector and District Magistrate in ROC No. 1929166/2024/Magl, dated 03.04.2025, pending disposal of the review petition filed before Respondent No. 1 under Rule 11 of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes, and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 (for short, ‘the Act, 1993') as illegal and arbitrary. 2. The Petitioner was initially issued a Community Certificate as belonging to the SC Mala community. Thereafter, a complaint was filed stating that the Petitioner does not belong to the Scheduled Caste community, as academic and employment records disclose that the Petitioner belongs to the B.C. (C) community and her father is a Pastor. On the basis of the complaint, an enquiry was conducted. In the enquiry, the Petitioner’s school records namely Intermediate, B.Sc. Nursing, and M.Sc. records were examined apart from other documents and it was opined that the Petitioner does not belong to the Scheduled Caste Mala community and consequently, the Community Certificate issued was cancelled. Questioning the same, the Petitioner filed a review on 25.04.2025 under Rule 11 of the above mentioned rules and also filed an application seeking a stay of operation of the order cancelling the Community Certificate. However, no orders were passed on the stay application while taking up the review petition. Questioning the same, the present Writ Petition was filed. 5 3. Learned counsel for the Petitioner submits that there is no dispute regarding the fact that the Petitioner was born into a Scheduled Caste Community and that the cancellation of the certificate was solely on the basis of the fact that the Petitioner is following Christianity. The learned counsel relied upon a Communication Letter issued by the District Collector to the National Commission for Scheduled Castes on 06.12.2024, wherein the report of the Tahsildar, Ramachandrapuram, was mentioned, which states that the Petitioner follows Hindu customs and traditions. 4. Learned Assistant Government Pleader submits that as the issue pertains to the non-consideration of the stay application, the Respondent Authorities shall examine the same and pass appropriate orders. 5. Considering the submissions made, the Writ Petition is disposed of with the following directions: i) Respondent No. 1 shall examine the case of the Petitioner, while taking note of the Letter issued by the District Collector on 06.12.2024 and the documentary evidence relied on by the Petitioner, for passing the interim order as provided under Rule 11 of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes, and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 (for short, ‘the Act, 1993’) within a period of two weeks from the date of receipt of a copy of this order. ii) Till such stay application is disposed of, there shall be a suspension of the impugned Proceedings dated 03.04.2025. 6 As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed. _______________________ JUSTICE NYAPATHY VIJAY Date: 05.05.2026 eha 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY W.P.No.11508 of 2026 Dated: 05.05.2026 eha