Kandrathi Sony Pratap, v. The State Of Andhra Pradesh, Represented By Its Principal

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.28710 of 2016 O R D E R:

Petitioners have questioned the proceedings dt.12.05.2016 of the 4th respondent refusing the petitioners' request dt.09.04.2016 for issuance of a Social Status Certificate.

2.

Counsel for the petitioner contends that the said endorsement dt.12.05.2016 does not give any reasons why petitioners' applications for issuance of Social Status Certificate were refused, even though the law mandates that reasons for refusal of such certificate should also be provided. 3.

The impugned endorsement dt.12.05.2016 reads as under:

"

ENDORSEMENT Your application dated 9/4/2016 for INTEGRATED CERTIFICATE was examined. After enquiry your request is not considered due to the following reasons and hence rejected. REASONS: not issued caste certificate."

4.

From the above it can be seen that under the caption reasons, it is simply stated 'not issued caste certificate'. 5.

The basic principles of natural justice is that order, which visits civil consequences on persons, should be supported by reasons.(See S.N.Mukherjee v. Union of India1). 1 AIR 1990 SC 1984

6.

The Government Pleader for Social Welfare is not able to state why reasons are not furnished for rejecting the petitioners' applications for Social Status Certificate. 7.

Counsel for the petitioners states that the competent authority to issue the Social Status Certificate is the 3rd respondent and not the 4th respondent. This fact is not disputed by the Government Pleader for Social Welfare. 8.

In view of the above legal position that reasons have to be assigned, if an order visits civil consequences on persons, the Writ Petition is allowed; the impugned endorsement dt.12.05.2016 of the 4th respondent is set aside; the 3rd respondent is directed to pass fresh orders giving reasons as to why the petitioners are not entitled to Social Status Certificate. This exercise shall be completed within a period of six (06) weeks from the date of receipt of a copy of this order. The 4th respondent shall pay costs of Rs.500/- to each of the petitioners.

9.

Miscellaneous petitions pending, if any, shall stand dismissed.

_____________________________ M.S.RAMACHANDRA RAO, J 27th August, 2016 gra