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Judgment
Satish K. Agnihotri, J.—The Petitioner claiming to be Halba (tribal community) applied for appointment on the post of Shiksha Karmi Grade-III on basis of a caste certificate (Annexure-P/3) dated 18-10-97 issued by the Tehsildar, Gopalpatnam and another caste certificate (Annexure-P/4) issued by the Sub Divisional Office (Revenue),
Supreme Court in the matter of Director of Tribunal Welfare, Government of Andhra Pradesh Vs. Laveti Giri and another, laid down a dictum that dispute with regard to caste has to be decided by the Caste Scrutiny Committee constituted at State Level after affording full opportunity of hearing to the employee/candidate. The impugned order passed is not in accordance with the dictum laid down by the Supreme Court in the case of Director of Tribunal Welfare, Government of Andhra Pradesh Vs. Laveti Giri and another, . Otherwise also it is a clear case of violation of principle of natural justice and fair play in action, as the impugned order which prejudices the interest of the Petitioner and visits with civil consequences, has not been passed after affording sufficient opportunity to the Petitioner to put his case.
For the reasons stated above, this petition is allowed with a direction that dispute of caste raised in the petition be disposed of by the State Level Caste Scrutiny Committee as expeditiously as possible within a period of 3 months. In the meantime, the Petitioner shall be allowed to continue in the post. Respondents are at liberty to take appropriate action, if so advised, being uninfluenced by the observation made hereinabove, on the basis of report/recommendation of the State Level Caste Scrutiny Committee.
No order as to costs.
Parties are entitled for certified copy of this order.