GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

 

TWD. -  Appeal Petition  filed by  Sri Pathiwada Venkata Ramana and Kum. P.Pavani D/o P.V.Ramana, P&T Colony Quarters, Chikkadapalli, Hyderabad -under section 7(2) of A.P. (SCs, STs & BCs ) Regulation  of  issue  of   Community Certificate Act, 1993  ( Act No.16 of 1993)against  the proceedings of  the Collector,  Hyderabad, dt.28.2.2001 – Rejected – Orders – Issued.

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SOCIAL WELFARE (CV.2) DEPARTMENT

 

G.O.Ms.No.  46                                                                      Dated:26-5-2004

                                                                                                      Read the following:

 

1.      Proceedings of the Collector, Hyderabad  No.D5/6805/2000, dt.28.2.2001

2.      Appeal Petition filed by Sri P.V.Ramana, Employee in Postel Dept. and

P.Pavani D/o P.V. Ramana, before M(TW), dated 10.4.2001.

3.      Govt.Memo No. 6234/CV.2/2001-1, dated 21.4.2001.

4.      From the Collector,  Hyderabad  Lr.No. D5/6805/2000, dated 29.5.2001.

5.      Govt.Memo No. 6234/CV.2/2001-5, dt. 13.6.2002,  15.7.2002, 27.8.2002

18.10.2002, 9.12.2002, 24.1.2003, 8.4.2003, 20.5.2003,2.7.2003, 30.8.2003 &7.11.2003.

6.      Govt.Memo No. 6234/CV.2/2001-15, dated 9.2.2004.

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ORDER:

 

                One Kumari Pathiwada Pavani D/o Pathiwada Venkata Ramana has come up for selection for admission to B.E./B.Tech courses under S.T.quota.  Her merit rank  is 97132.  She came along with her father attended counseling on 28.9.2000 and produced her Caste Certificate to the effect, that she belong to Konda Kapu community,  which comes under S.T.    At the time of admission into B.E./B.Tech courses on 28.9.2000,  the candidate in question produced the Caste Certificate/attested copy of Caste Certificate issued by RDO, Hyderabad, Nampally, dated 6.5.2000.    It was permanent caste certificate.    The surname Pathiwada of the applicant is very uncommon among Konda Kapus, STs.  Since the Caste certificate issued by RDO, Hyderabad (Nampally)  was not in order, the candidate was served with  Memo  Rc.No.816/20/TRI/VC-2, dated 28.9.2000, to see the Director, TCR &TI, Hyderabad,  with oral and documentary evidences, along with elder member of her family.  In pursuance  of the above said Memo, Sri Pathiwada Venkata Ramana  and his daughter Pathiwada Pavani have attended on 10.10.2000  and furnished oral and documentary evidences in  support  of their  claim as  Konda Kapu..

 

2)            On verification of social status  by Director, TCR &TI,  Hyderabad it was found that  Sri Pathiwada Venkataramana father of Kum.Pathiwada Pavani had persued  his Elementary education in MPGUP School,  Veeragattam of  Palakonda, Vizianagaram District and  he had  joined in 1st class on 10th  of March, 1950  studied there and left the School in 1954.  Wherein his caste was recorded as Kapu, and all School records, Date of Birth Rgisters of Grampanchayat Office of Veeragattam (V), reveals that Sri P.V.Ramana and his daughter P.Pavani belongs to Kapu (OC) Caste.

 

3)            In view  of   the above  said incriminating and impeachable documentary evidence  the Joint Collector, Hyderabad issued a notice  to Sri Pathiwada Venkata Ramana F/o Pathiwada Pavani to appear before him on 14.2.2001 with all the Original Records pertaining to his Caste.  But he failed to appear before Joint Collector, Hyderabad and submitted a reply  dt.14.2.2001 stating that he was not aware of the report furnished by the Commissioner of Tribal Welfare Lr.No.816/31/ 2000/TRI/VC2, dated 22.11.2000.   Further he stated that he is working in Postal Department and regarding his caste status there were number of enquiries made from time to time and it was concluded  that he belongs to ST community.  His department  accepted him as ST candidate and  acted upon that and treated him as ST candidate till date.     His reply is not convincing on the certificate  obtained by him and his children and are liable to be cancelled.

 

 

 

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4)          Based on the above enquiry report  of Commissioner of Tribal Welfare., dt.22.11.2000 and based on the all other material papers,    and the original caste as recorded in his School Register in 1939 and the Gram Panchayat Birth Registrar, which was recorded as belonging to Kapu Caste and in exercise  of the powers  conferred U/S 5(1) of AP (SC, ST and BCs) Act 16 of 1993  the  ST Konda Kapu Caste Certificate issued  by Tahsildar Palkonda to Pathiwada Venkata Ramana S/o  Jagannadham & RDO, Hyderabad  dt.6.5.2000  to Kum.Pathiwada Pavani D/o P.Venkata Ramana and to his family members were cancelled   vide proceedings dt.28.2.2001.

 

5)          Aggrieved  by the orders of the Collector, Hyderabad,  the individuals  have filed appeal petition  under Section  7(2)  of Act No. 16 of 1993 before the Govt. Govt in   the reference 3rd read above  granted Stay orders on the Proceedings of the Collector,  Hyderabad  and requested  to furnish  parawise remarks and records on the Appeal Petition  filed by the appellants.   Accordingly the same have been furished by the Collector, Hyderabad vide reference 4th read above.

 

6)        This case has been  taken on file  and posted personal hearing for 2.7.2002. The petitioer P.V.Ramana has appeared and requested for adjournment. Next hearing was posted for  2.8.2002 and 16.9.2002.     The petitioner has appeared and requested for adjournment.     The case was again posted for next hearing  on 2.11.2002 and 30.12.2002,   the petitioner or the counsel for the appellant  have not attended.  Govt. they have given last chance to the appellants  and posted for personal hearing for  26.2.2003.  The petitioner has appeared  for the hearing  and requested for one more adjournment by stating  that the matter is pending with Hon’ble High Court of A.P.    He was given last and final chance and next hearing  was posted for 28.4.2003.  The petitioner have not attended, but sent a Telegram for adjournment.  The case was again posted  for next hearings on 6.6.2003,  18.7.2003, 19.9.2003, 5.12.2003.  The petitioners or the counsel for the appellant  have not attended on those days but  sent a letter  for adjournment.  The Petitioner  P.V. Ramana have appeared  for the personal hearing  held on 28.2.2004 and again requested for  adjournment. The petitioners deliberately avoided the personal hearings and repeatedly  requesting for adjournments  for the last one and half year.

 

7)        A perusal  of the records  of the  appellant  and other material papers  reveals that the P.Venkata Ramana  and his daughter  P.Pavani   belong to Kapu Caste, but not Konda Kapu “ST”.   since her father,  Grand father, father’s  brothers, great grand father and paternal cousins  etc. also belong to Kapu (OC) community.      Though the appellants  have been given reasonable  time,  they have also not produced  any documentary evidence in support of their social status claim.

 

8)             Based on the above said facts it is concluded  that the appellants cannot be treated as a members of Konda Kapu Scheduled Tribe caste and   she can not be continued in B.E/B.Tech course in reserved seat for ST Students.

 

9)           Govt. in exercise of the powers  conferred under Section 7(2) of A.P. (SCs, STs & BCs) Regulation of issue of community certificates Act 16 of 1993 and  rules  made there under, here by  reject  the appeal petition  filed by  Sri Pathiwada Venkata Ramana  and  his daughter Pathiwada Pavani R/o Hyderabad in the reference 2nd  read above,  upholding  the Proceedings of the Collector, Hyderabad issued in the reference 1st read above,  and the  Stay granted to the appellants   is  hereby vacated.

 

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

 

                                                                        M.CHAYA RATAN,

                                                PRINCIPAL SECRETARY TO GOVERNMENT

To

The Collector & Dist. Magistrate,

Hyderabad.

 

 

 

 

 

 

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Sri Pathiwada Venkata Ramana  &

 Kum. Pathiwada Pavani,

 H.No.E6 P&T Colony Quarters,

 Chikkadapalli, Hyderabad 500020.

The Senior Superintendent of Post Offices,

 Secunderabad Division,

 Hyderabad  500016

 (with a request to serve the individual copy and

  send ack. to Govt. )

Copy to:

The PS to M(TW)/PS to Prl.Secretary (TW)

The Director, TCR &TI., Hyderabad (for information)

Sf.Sc.

 

 

//Forwarded::By Order//

 

 

                                                                                         SECTION OFFICER