Court rules cancellation of caste certificate violated principles of natural justice and sets aside orders of state authorities
The Andhra Pradesh High Court has overturned the cancellation of a Scheduled Tribe (ST) status caste certificate for petitioner Atlapakala Rama Krishna, ruling that the process used by the authorities violated the principles of natural justice. The petitioner, who belongs to the Konda Kapu community, had his caste certificate canceled by the state authorities, a decision which has now been set aside by the court.
The judgment, delivered by Justice K. Sreenivasa Reddy, found that the authorities failed to demonstrate that the petitioner did not belong to the Scheduled Tribe community. The court highlighted that the children born out of inter-caste marriages inherit the social status of their father, a principle that was overlooked by the respondents.
The court emphasized that the non-furnishing of the District Level Scrutiny Committee's report to the petitioner constituted a violation of the principles of natural justice. The High Court criticized the reliance on land records from 1938 over other substantial evidence presented by the petitioner, which established his father and ancestors as tribals.
The petitioner had originally challenged the cancellation of his caste certificate after an inquiry by the Director of Tribal Welfare in 2001 concluded that he did not belong to the Konda Kapu community. Despite providing significant documentary evidence, including school records and ancestral documents, the petitioner's claim was dismissed by the authorities, leading to the writ petition.
In its order, the High Court noted that the burden of proof lies with the authority disputing the social status, not the petitioner. The court underscored the importance of due process and the necessity for authorities to provide all relevant reports to affected parties, ensuring they have the opportunity to defend their status adequately.
This judgment reinforces the legal precedent that children inherit the social status of their father in cases of inter-caste marriages and underscores the crucial role of natural justice in administrative inquiries.
Bottom Line:
Scheduled Tribe Status - Children born out of inter-caste marriage inherit the social status of the father.
Statutory provision(s): Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993, Rules 8 and 9 of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Issue of Community Nativity and Date of Birth Certificates Rules, 1997, Articles 14 and 21 of the Constitution of India.
