Chawan Dinesh v. The State Of Telangana And 4 Others
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF DECEI\4BER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO. 1418 OF 2O2O Betwee n:
Chawan Dinesh, S/o. Seetharam, aged about 36 years, Occ: Private employee, R/o. # 1-31 , Piklathanda, H/o. Mamidipalli Village, Sirpur-U mandal, Dist: Komarum Bhim Asifabad.
...PETITIONER AND
1. The State of Telangana, Rep. by its Principal Secretary, Tribal Welfare Department, Secretariat, Hyderabad.
2. The District Collector, Kumrambheem Asifabad District.
3. The Project Officer, lntegrated Tribal Development Agency (ITDA), Utnoor, Dist: Adilabad.
4. The Tahsildar, Sirpur-U Mandal, Kumrambheem Asifabad District.
5. The District Forest Officer, Kumrambheem-Asifabad District.
6. The Telangana State Public Service Commission, Nampally, Hyderabad, Rep. by its Secretary.
R6 is impleaded as per C.O d|.0310212020 in l.A.No. 2/2020 ...RESPONDENTS Petition under Article 226 ol lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more padicularly one in the nature of Writ of Mandamus, declaring the in-action of the Respondents-3 & 4 to issue the Agency Local Scheduled Tribe Certificate to the Petitioner within 45-days of the receipt of the letter from the 2nd Respondent dated 6.8.2019, by considering his various bonafides, documentary evidences and also genealogical study, as stipulated in G.O.Ms No. 24 Tribal Welfare (LTR.1) Dept., dated 12.06.2018 in consonance with the provisions of the A.P.(SC, ST & BC) Regulation of issue of Community Certificates Act, 1993 and the A.P.
SC, ST, & Backward Classes, lssue of Community, Nativity & Date of Birth Certificates Rules 1997 (as notified vide G.O,Ms No.58, Social Welfare (J) Dept. dated 12.5.1997), as illegal, arbitrary and in violation of Rules and particularly the Rules-S & 8 of A.P.
further delay, or alternatively direct the Respondents-2 to 4 to take a declaration from the Petitioner and inform the Respondent No.5 to appoint him to the post of the Forest Beat Officer in accordance with Rule-19 of the above said Rules. lA NO: 1 OF 2020 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 order the Respondents-3 and 4 to take a declaration from the Petitioner and inform the Respondent No.5 to give him the Appointment Order as Forest Beat Officer, as per Rule-'19 of AP (SC, ST & BCs) Regulation of lssue of community Certificates Act, and Rules 1997, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI A. ANAND ACHARY Counsel for the Respondents: GP FOR SERVICES - ll The Court made the following: ORDER
LION'BLE SRI JI.]STICI] ABTIINAND KUMAR SHAVILI W.P.No.1418 of 2020
ORDER
This Writ Petition is filed seeking the follorving relief: ttto issrte a Writ, Ordet or Direction more particularly one itr the natrrre of Vrit of Mandamus declating the inaction of the Respondents 3 and 4 to issue the Agency Local Scheduled Tribe Certificate to the Petilioner within 45 days of the recetpt of the lettet from the 2nd Respoodent ttated 6/8/2019 by considering his vatious bonafides' documentary evidences and at"o g.nealogical study as stipulated in G'O'Ms'No'24 Ttibal Welfite (LTR'l) D epr, d^ted 72/6/2018 in consonance with the provisions of the A P (SC' ST and BC) Regulation of issue of t.,--.,r,i.
-" Certificates Act' 1993 and A P SC ST and Back*'ard Classes, issue of Community' Nativity and Dat€ of Birth Certificates Rutes 1997 (as notified vide G O Ms'No 58' Social Welfare () Dept' dated l2/5/1gg1 as illegal' atbitrary and in liolation of Rtrles and Partictrlirl-Y rhc Rulcs-S and 8 of A.P SC ST and Backtetd Classcs' lssuc of Cornrnrrrrin' Nativis arrd Date of Birth Certificates Rtrles' 1997' Articles 1'l ancl .135 of the Constit tion of India and also against to the principles of natural irrstice and fait plal and to dircct them to i..
ItisthecaseofthepetitionerthathebelongstoScheduled Ttibe (Lambada) and he is fully eligible and qualified to be The resPondents h1\'e appointed to the post of Forest Beat Officer'
\ issued a recruitment notifrcation on 15.08.2017. Pursuant to the said notification, the petitioner has applied and after undergoing selection process, he was provisionally selected. But the respondents are not giving posting orders on rhe ground that the Agency Local Scheduled Tribe Certificate produced by him rvas referred to the District Collector, Kumuram Bheem Asifabad, and the same is pending verification.
Learned counsel appearing for the petitioner submits that appropriate orders be passed in the writ petition directing the District Collector, Kumuram Bheem Asifabad, to conclude the verification of Agency Local Scheduled Tribe Certificate so as to enable the appointing authority to give appointment ro the petitioner, if the certificate produced by the petitioner is found to be gcnuine.
Learned Governmenr Pleader appearing lor the respondents contended that since the issue of verification of Agency Local Scheduled Tribe Certificate of the petitioner is pending before the District Collector, Kumuram Bheem Asifabad, the District Collector would verify the same within a reasonable period and if the certificate produced by the petitioner is found to be genuine, then the respondents would consider his case for appointment to the post of Forest Beat Officer.
Having considered the rival submissions made by the learned counsel on either side, this Writ petition can be disposed
J of directing the petitioner to submit a representation to the District Collector, Kumuram Bheem Asifabad, within a period of trvo weeks from the date of receipt of a copy of this order. On rcceipt of such represcntation, the District Collector, Kumuram Bheem Asifnbad, shall consider the said representation and if thc Agencv Local Scheduled Tribe Certificate produced bv the petitioncr is found to be genuine, the District Collector should for*,ard the same to the appointing authority to give appointment to the petitioner as Forest Beat Officer, u,ithin a period of eight rveeks thereafter.
Accordingly, the Writ Petition is disposed of. No costs. Miscellaneous petitions, if any, pending shall stand closed. I SD/-N.CHANDRA SEKHAR RAO ASSISTANT REGIST //TRUE COPY// SECTIO FICER To,
1. The Principal Secretary, Tribal Welfare Department, State of Telangana, Secretariat, Hyderabad.
2. The District Collector, Kumrambheem Asifabad District.
3. The Project Officer, lntegrated Tribal Development Agency (ITDA), Utnoor, Dist: Adilabad.
4. The Tahsildar, Sirpur-U tVandal, Kumrambheem Asifabad District.
5. The District Forest Officer, Kumrambheem-Asifabad District.
6. The Secretary, Telangana State Public Service Commission, Nampally, Hyderabad.
7. Ohe CC to Sri A. Anand Achary, Advocate IOPUCI
8. Two CCs to GP for Services - ll, High Courl for the State of Telangana at Hyderabad. [OUT]
9. Two CD Copies.
IVP
HIGH COURT DATED:31 11212020 IA s $E k 0 7 JAlt 2021 * i)
ORDER
WP.No.1418 o12020 DISPOSING OF THE WRIT PETITION WITHOUT COSTS :N.
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