GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

 

TRIBAL WELFARE DEPARTMENT – Appeal Petition filed by  Dr.Chintala Yadagiri & Chintala Nahru, Quthbullapur, Ranga Reddy District. Under Section 5 of A.P.(SCs, STs & BCs)Regulation of Issue of Community Certificate Act 16 of 1993 against the  Proceedings  of the Collector, Ranga Reddy District dated 22.11.2002 –Rejected – Orders – Issued.

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SOCIAL WELFARE (CV.2) DEPARTMENT

 

G.O.Ms.No.7                                        .                  Dated: 20-1-2004

                                                                         Read the following:

 

1)     Proceedings of the Collector, Ranga Reddy Dist. Proceedings No.C2/4324/2001,   dated 22.11.2002.

2)     Appeal petition filed by Dr. Chintala Yadagiri and Chintala Nehru,

Quthubullapur, R.R.District Dated 14.2.2003 through  their counsel , Sri CH.Ramesh Babu,  Advocate.

3)     Govt.Memo No.3502/CV.2/2003-1, dated 7.4.2003.

4)     From the Collector, Ranga Reddy District Lr.No.C2/4324/2001, dated 20.11.2003.

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ORDER:

           The Commissioner  of Tribal Welfare, Hyderabad has informed that Sri Chintala Nehru has applied  for admission  into Polytechnic Course  under reserved  for STs Quota  for the year 2001-02.   At the time of admission into Polytechnic Course,  the Officers of Tribal Welfare Department, have expressed doubt about Community of Sri Chintala Nehru and referred  the matter  to the Collector, Ranga Reddy  District  for enquiry  and taking action as per the provisions of A.P.(SCs, STs & BCs)Regulation of Issue of Community Certificates Act 1993 (  Act No.16 of 1993).   Accordingly,  the matter  has been  referred to the Chairman,  District Level Scrutiny Committee  under  rule 8 of A.P.(SCs, STs & BCs) Regulation of Issue  of Certificates  Rules,  to enquire  into the case and to furnish its  findings,  to the Collector concerned.    

 

2.          The DLSC., Ranga Reddy has taken up the enquiry by issuing a notice to the  individual to attend for the enquiry on 4.8.2001 before DLSC.,  with all documentary evidence in support of his community claim and  the case has been adjourned to 8.8.2001.  On 8.8.2001 the individual, Sri. Ch Nehru along with his father, Dr.Yadagiri have attended for enquiry before DLSC. and requested time  for submitting the documents, and the case has been postponed  from time to time.  Finally, the candidate along with his father through his counsel have appeared  for the personal hearing on 12.11.2001  and filed some documents.

 

   3.       The DLSC. have  recorded the statement of candidate’s father and two others Viz., Sarvasri Sri Murranbabu, and Ch.Sree Rama Murthy,   who have attended on behalf of the candidate.    The father of the candidate has deposed  that his grand father, Sri  Chittadi Ramaiah was a  native of Cherla Village  and Mandal, Khammam District, who has migrated to Kama Reddy Village, Nizamabad District about 60 years back.   His father belongs “Lingadhari Koya’  and his mother Smt.

 

 

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Sadula Pentamma belongs to “Gosangi” under  SC community.   Further, 

it is confessed that he is having one brother, Sri Rajalingam and four  sisters.    He got married with Smt Laxmi devi, who belongs to “Beda Budga Jangam  Caste”  which comes under SC. category.    His  brother  & sisters got married  with  SC  community people.    The other persons viz., Sri Murranbabu who has attended on behalf  of the candidate before the DLSC. has confessed that his grand fathers were residing at Cherla (V) of Khammam District, and subsequently migrated to Koya Narsapuram, that he is not having any blood  relation with Dr.Yadagiri (Father of the candidate) and that his grand parent  told him that their family have marital relation with them.   Presently,   with surname, ‘Chittadi’, there are some families in Peda Musileru and  China Musileru.   The matter has been examined  with reference to the report of Commissioner of Tribal Welfare and statements of the candidates father and other persons  deposed on his behalf  and other material papers filed.   Dr.Chintala Yadagiri, father  of the candidate, Ch.Nehru has stated that his father belongs “Lingadhri Koya tribe and  his mother belongs  S.C. and  originally their family hails from Cherala village and Mandal of Khammam District. But no substantial recorded proof is available  to establish the Community of the grand father of the candidate.  The father of the candidate, Dr.Yadagiri and his brother Sri Rajalingam have got married with Smt.Laxmi Devi and Shyamla belongs to Budga Jangam Castes, which comes under SC. category.   The four sisters of Sri Chintala Yadagiri have got married with persons belonging to “Budga  Jangam SC” Castes . None of the Candidate’s  family possess ST “Longadhari Koya” Certificates except the candidate’s father and brother.  The candidate has  obtained ST Lingadhari Koya  Certificate  from the MRO, Quthubullapur on 2.2.98 on the strength of his father’s certificate.

 

4.          In view of the circumstances   explained  above, the DLSC. have discussed the issue  with the above facts and  material and depositions in the case. It has been established that the community certificates obtained  by Sri C.Nehru S/o Dr.Chintala Yadagiri seeking admission into Polytechnic course are fraudulent  and deserve cancellation   on the  following grounds:

 

1.      neither the candidate nor his father has furnished the School records & Birth registration certificate,

2.      The “Lingadhri Koya”  tribe is not prevalent  in Ranga Reddy Dist.;

3.      None of their relatives are living in Khammam at  present and are living in and around Ranga Reddy & Nizamabad Districts.

4.      All the marital relations are taking place among the relatives belongs to SC and living in RR.Dist. and Nizamabad only. The family  members of Sri Chittadi / Chintala  since three generation have in variably married from SC only leaving any trace of Lingadhri Koya ST Community;  and

5.       None of his relatives possess ST Lingadhari Koya tribe certificates. Only the candidate’s father and his brother have obtained the community certificate during 1998.

 

5)        The findings of the DLSC  have been communicated to the certificate holders by issuing show cause notice   on 25.2.2002  as per the observations made by the Hon’ble High Court of A.P.in its judgment dt.17.1.2001 in W.P.No. 19577/2000  in order to give a final opportunity

 

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for making representation with documentary  evidence if any available in support of their community claim with  reference to their ancestors.  In reply to show cause notice,  Dr.Ch.Yadagiri & Sri Nehru   seeking admission into polytechnic course, has filed appeal petitions against the  findings of the DLSC. before the Collector concerned.   In their appeal petitions  the certificate  holders have denied all the  grounds  recommended  by the DLSC for cancellation of their Caste Certificates. 

        

6.      Having  gone through the file and perusing the documents submitted  during the enquiry and perusal of  the report of the Tribal Welfare Dept.,  further final notice has been issued to all the concerned   to appear before the Collector, Ranga Reddy District  as personal appearance on 19.6.2002 and heard the matter.   The Collector, R.R.Dist. after  satisfying  with the findings of the DLSC., Ranga Reddy  District, has opined that Dr.Yadagiri S/o Sri Mallaiah and his son,  Sri Ch.Nehru R/o Chintal, Quthubullapur do not belong to “Lingadhari Koya” (ST)  and orders have been issued in the proceedings 1st read above, canceling  their  ST Caste Certificates.

 

7.       Aggrieved by the orders of the Collector, R.R.Dist. in the reference 1st read above  Dr. Chintala Yadagiri and Sri Chintala Nehru, Quthubullapur, R.R.Dist.  have filed an appeal petition through their Counsel,  Sri CH.Ramesh Babu, Advocate   under Section 7(2)  of the said Act (Act No.16/93)  before the Government against the cancellation of  “Lingadhari Koya” ST Caste Certificate  dt.2.2.98 obtained from the then MRO, Qutubullapur, and  declaration  that they belong to “Budaga Jangam” SC Community.   The Appeal Petition  filed  by  Dr.C.Yadagiri & Sri Nehru  in the reference 2nd read above has been taken  on file and granted stay of the operation of the proceedings  1st read above, in the reference  2nd read above.

 

8.        The case has been  posted for personal hearing  on 15.12.2003.   The Petitioner has appeared and requested for adjournment.  The Government  have taken up for further personal hearing  on 18.12.2003.  The appellant, Dr.Ch.Yadagiri and his  Counsel  have appeared on 18.12.2003  to adduce their evidence in support of their claim  that they belong to ST “Linghadhari Koya”.   The Counsel  for the appellant have argued the case  and filed some information.   The appellant  have not furnished any valid or considerable recorded evidence  in support  of their claim.  No substantial recorded proof is available to establish the community of the grand-father of the appellant and they have failed to  furnish the  Birth Registration Certificates though they are educated.     The origin  of the appellants is Charla (V) of Khamam District. As per G.O.Ms.No.289, dated 28.11.1996  the competent authority to issue community certificate  is the  native MRO/Sub-Collector/ RDO  under whose jurisdiction the nativity falls.  In G.O.Ms.No. 138, dated  29.5.1991,  the authority competent to issue certificates to Linghadhari Koya and the powers are given to only the Officer not below the rank of RDO/Sub-Collector/ Collector of the District in whose jurisdiction the community seeks claim nativity.   The MRO, Qutubullapur(M)  is not competent  to give caste certificate to  Sri Ch.Nehru as the native place of the candidate’s  father, grand-father  and fore father,  is out side his jurisdiction.    The Counsel  for the appellant  made his argument and

 

 

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adduced some information  is not a determining value  but it is only a persuvative value.

            

9.       After hearing   the appellants   through their Counsel  and perusing  the available  records  and material papers filed by their Counsel and as per the genealogy of Sri Chittadi Ramaiah and family Members,    Govt. have opined that   Dr.Ch.Yadagiri S/o Sri Mallaiah and his son, Sri Ch.Nehru, resident of Chintal, Qutubullapur(M), Ranga Reddy District belongs to “ Budaga Jangam” caste, which comes under Scheduled Caste category  but not Linghadhari Koya under (ST) community and hold  that the appellants are not entitled to be treated as ‘Linghadhari Koya’ ST.

 

10.         Government, after careful  examination  of the above facts and material paper available  on record and in exercise of the powers conferred  under Section 7(2)  of AP.(SCs, STs & BCs) Regulation of Issue of Community Certificates Act, 1993 (Act No 16 of 1993)  and rules issued there under,  hereby reject the Appeal Petition filed by Dr.Ch.Yadagiri S/o Mallaiah and his son, Sri Ch.Nehru, resident of Chintal, Qutubullapur(M), Ranga Reddy District  in the reference 2nd read above,  up holding the  Proceedings of the Collector,  Ranga Reddy  District issued in the reference 1st read above, and vacate  the Stay granted to the individual  in the reference 3rd read above.

 

11.        The records  received   from the Collector, Ranga Reddy District through the  reference   fourth read above returned  are herewith  in original to the Collector, Ranga Reddy District and he is requested to acknowledge  receipt of the same immediately.

 

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

 

                                                                                     M.CHAYA RATAN,

                                                                 PRINCIPAL SECRETARY TO GOVERNMENT

TO

The Dr. Chintala Yadagiri S/o Sri Mallaiah

 and Sri Chintala Nehru S/o Yadagiri,

R/o6-229, Vaninagar Colony,

Chintal, Qutubullapur (M),

Ranga Reddy District.

The District collector,

Ranga Reddy District (WE)

(Original Records bearing No.C2/4324/2001  containing

CF from PP.1-254  and NF PP. 1-12 )

Sri CH. Ramesh Babu, Advocate,

 Chambers 401, IV Floor,

Tirumala Towers, Judges Colony,

Malakpet, Hyderabad. 500036

Copy to:  PS to M(TW)/  Prl.Secy(TW).

 

//Forwarded::By Order//

 

                                                                                                    SECTION OFFICER