M. Ramgopal vs Chairman, Central Recruitment Board, State Bank Group, Bombay and Another

The question for decision in this writ appeal is whether the appellant, the petitioner in the writ petition, belongs to a Scheduled Caste ?

The facts not in dispute are that his father is a Brahmin and mother an Adi Andhra, recognised Schedule Cast. He applied for the post of clerk-cum-cashier to the Regional Recruitment Board (for short ''the Board''), State Bank Group, Hyderabad, and after he was interviewed on January 18, 1982, an order of provisional selection was issued in his favour. Thereafter, the Board by an order dated October 31, 1983 informed him that since his father is a Brahmin, he was not entitled to claim the status of a member of Scheduled Caste. Assailing the legality of the order, he filed Writ Petition No. 3492 of 1986 from out of which the present writ appeal arises.

At the stage of admission of the writ petition, K. Ramaswamy, J. (as he then was) sent for the record and after perusing the record submitted by the Board, dismissed the writ petition observing that the school records of the petitioner clearly described his caste as ''Kamma''. The learned Judge also recorded that no evidence was adduced to show that the petitioner was subjected to any of the disabilities suffered by members of Scheduled Caste, nor was there any evidence to show that he was accepted as a member of Scheduled Caste by the community.

In the writ appeal, Shri I. Venkatanarayana, learned counsel for the appellant, contends that having selected the appellant petitioner provisionally, the Board could not pass the order of termination without notice and enquiry. He also says that by virtue of G.O.Ms. No. 371 dt. April 13, 1976 issued by the Government of Andhra Pradesh, if one of the parents happens to be a member of Scheduled Caste, the children are entitled to claim the status of Scheduled Caste.

We are not inclined to accept both the contentions. When it is not in dispute that the appellant''s father is a Brahmin and mother an Adi Andhra, the question of any formal notice and enquiry would not arise. The provisional selection in his favour was subject to his adducing acceptable proof of his being a member of Scheduled Cast. When he failed in that regard, he cannot plead absence of formal notice and enquiry was vitiating circumstances. G.O.Ms. 371, Employment and Social Welfare (B-2) Department, dated April 13, 1976 was issued by Government of Andhra Pradesh directing the "the lower caste of either of the parents in the inter-caste marriage shall be deemed to be the caste of the child and it shall be eligible for the reservations of the seats made for the caste". This G.O. is inapplicable so far as the posts, in respect of which the Board made recruitments, are concerned.

The writ appeal, therefore, fails and accordingly it is dismissed. There shall be no order as to costs.