Uttaluri Nagaraju v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.26608 of 2016 ORDER:

The petitioner claims to be an unemployed youth belonging to Chenchu Tribe, which is recognized as a primitive tribal group. A notification was issued on 28.03.2016 inviting applications from the candidates belonging to Chenchu community for selection to the post of Secondary Grade Teacher in Tribal Welfare Educational Institutions of Prakasam, Kurnool and Guntur Districts. The applications are open to the candidates belonging to Chenchus only. The petitioner applied to the said post and he stood sixth in the merit list, whereas the posts are five. After perusing the merit list he came to know that some candidates who do not genuinely belong to Chenchu Tribe were selected, though the posts are meant for Chenchu Tribe. The candidates at serial numbers 3, 4 and 5 of the merit list do not belong to Chenchu Tribe.

They belong to communities other than Scheduled Tribe. The petitioner states that he submitted a representation to the second respondent on 27.07.2016 and in spite of the same, the respondents are going ahead with the appointment of the persons who do not belong to Chenchu Tribe. Challenging their selection, the present Writ Petition is filed. This Court feels that the Writ Petition is misconceived with regard to the dispute relating to the social status. The provisions of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, regulates the claims and disputes relating to the social status of candidates seeking admission in educational institutions and employment.

Since the third respondent is the appointing authority, it is open to the petitioner to submit a representation to the third respondent, who on receipt of the same shall take appropriate action in accordance with the provisions of the said Act.

The Writ Petition is, accordingly, dismissed with the above observations. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

________________________________ (A.RAMALINGESWARA RAO, J) 09.08.2016 Note: Issue C.C in one week.

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