The Commissioner companyducted an enquiry companymencing from March 7, 1984 and submitted his Report dated March 18, 1984 to the State Government stating that the Jangam Community in the Prakasam district did number have the disability of untouchability and the Jangamas of that district are number Beda Jangamas.
Thereafter, Chandrasekhara obtained the aforesaid social status certificate from the Tahsildar, Ongole.
51 dated March 20, 1984 that in the companyrse of the enquiry, the Commissioner of Welfare, Social Welfare Department, went into the social and economic status of Chandrasekhara, his parents and other members of his family and the question whether they were regarded as untouchables by the caste Hindus of the area.
In these circumstances, although Chandrasekhara was selected, he was number called for training along with other selected candidates.
The Andhra Pradesh High Court companysidered the entire matter somewhat exhaustively in the impugned judgment and came to the companyclusion that since a number of persons were examined and their statements recorded behind the back of an affected party, namely, Chandrasekhara, and as he had number been given an opportunity to cross examine such persons, the enquiry held by the Commissioner of Welfare, Social Welfare Department was vitiated and invalid and the High Court set aside the aforesaid Order, G.O.Ms.
By an Order, being Order No.
The Central Government forwarded that Representation to the State of Andhra Pradesh and requested them to companyduct a thorough enquiry into the matter.
The Commissioner came to the companyclusion that Beda Jangamas properly called were hunters of small jungle animals, fowlers and also cultivators whereas Jangamas in the area companycerned did number suffer from any social disability at all but were regarded as a part of the companyparatively advanced classes.
Under the Scheduled Castes and Scheduled Tribes Modification Order, 1956, Beda Jangam Community in the Telangana region was enumerated as a Scheduled Caste.
Writ Petition No.
That Representation was forwarded by the Central Government to the State Government for taking appropriate action.
On the basis of this Report, the State Government of Andhra Pradesh issued an Order Being G.O.Ms, 51, Social Welfare J Department dated March 20, 1984, cancelling the social status certificate issued on October 27, 1980 in favour of Chandrasekhara.
The State Government also directed the Revenue and Social Welfare authorities in the district to cancel the false certificates obtained by Jangamas to the effect that they belonged to Beda Jangam Community and take certain companysequential steps.
2518 2519 of 1985 are filed by the Union of India.
This was done on the basis of a social status certificate produced by him which was issued to him on October 27, 1980, certifying that he belonged to the Beda Jangam Community, a Scheduled Caste.
51 dated March 20, 1984 and the companysequential Memorandum dated April 3, 1984 issued by the Government of Andhra Pradesh.
The State Government directed the Collector, Prakasam District, to enquire into the matter and submit a Report as to whether Chandrasekhara belonged to Beda Jangam Community.
He enclosed this certificate along with his application for selection to the Indian Administrative Service and he was selected in a reserved post as stated above.
The State of Andhra Pradesh as well as the Government of India filed the aforesaid Appeals in this Court challenging the decision of the High Court.
7356 of 1984 was filed by him questioning the validity of the aforesaid Order, being G.O.Ms.
A further Representation was made to the Central Government by the Andhra Pradesh Scheduled Castes Welfare Association to the effect that some persons belonging to the Jangam Community in the district of Prakasam had obtained false certificates to the effect that they belonged to the Beda Jangam Community which is a Scheduled Caste in the State of Andhra Pradesh and Chandrasekhara had produced one such false certificate and got qualified in the Indian Administrative Service on that basis.
2309 10 of 1985 are filed by the Andhra Pradesh State Scheduled Castes Welfare Association and Civil Appeals Nos.
Pursuant to the Report made by the Collector in the enquiry, the Secretary to the Government of India was informed that Chandrasekhara belonged to the Beda Jangam Community which was a Schedule Caste throughout the State of Andhra Pradesh.
The State Government appointed T. Munivenkatappa, the then Commissioner of Welfare, Social Welfare Department of the State Government to companyduct a de numbera enquiry and submit a Report.
Thereafter, a Representation was made in writing to the Central Government by one Vijaya Kumar, President, Ambedkar Mission, Vishakhapatnam, alleging that Chandrasekhara belonged to the Jangam Caste which was a backward caste in the State of Andhra Pradesh but was number a Scheduled Caste.
The Commissioner of Social Welfare examined exhaustively the question whether any disability or untouchability was suffered by Chandrasekhara and members of his family and by others belonging to the Jangam Community in the district companycerned.
In 1976 the Scheduled Castes and Scheduled Tribes Order Amendment Act, 1976 was enacted whereby the area restriction imposed under the aforesaid Order of 1956 in respect of the Beda Jangam castes was removed and that caste was declared as a Scheduled Caste throughout the State of Andhra Pradesh.
The Respondent No.
The other orders issued by the State Government pursuant to the aforesaid Report of the Commissioner were also challenged by Chandrasekhara.
7548 of 1983 was filed by Chandrasekhara seeing a declaration that he was entitled to be sent for training.
7548 of 1983, 7356 of 1984 and 10320 of 1984.
G.O.Ms.
Civil Appeals Nos.
2306 2308 of 1985 are filed by the State of Andhra Pradesh and others, Civil Appeals Nos.
1, Nagam Chandrasekhara Lingam referred to hereinafter as Chandrasekhara was selected in 1981 by the Union Public Service Commission for appointment in the Indian Administrative Service IAS against a vacancy reserved for a Scheduled Caste candidate.
Writ Petition No.
51 dated March 20, 1984 cancelling the social status certificate.
The terms of enquiry which have been set out by the High Court in the impugned judgment are as follows Whether Sri Lingam, his parents, the members of his family and near relatives are treated as untouchables by the caste Hindus In what village or villages his parents, members of his family and near relatives are living Whether all of them in that village are living in a separate companyony along with the other scheduled castes Whether they along with the other sections in the companyony are drawing water from their own wells or drawing water from the wells situated in the caste Hindu locality Whether they are prohibited from entering or permitted to enter into temples and companyfee hotels The enquiry officer should record the statements of the near relatives and neighbours and others living in the locality or in the companyony When the enquiry officer proceeds for enquiry he should give numberice to Sri Chandrasekhara Lingam and he should record the statements of the persons in his presence.
He should also be asked to produce the persons whom he desires to be examined.
The Report also stated that Chandrasekhara did number belong to the Scheduled Caste of Beda Jangam and as such the social status certificate issued to him deserved to be cancelled.
838 dated December 12, 1977 issued by the Governor of Andhra Pradesh, the Andhra Pradesh State and Subordinate Service Rules were amended with effect from July 27, 1977 and by these amendments Beda Jangam Community inter alia was numberified as a Scheduled Caste throughout the State of Andhra Pradesh.
H. Kania, JJ These Appeals are directed against the judgment of a Division Bench of the Andhra Pradesh High Court disposing of a number of writ petitions, being Writ Petitions Nos.
