JUDGEMENT
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(1.)The petitioner being minor represented by her father/natural guardian Sri C.Bhaskar has filed this writ
petition, being aggrieved by the action of the 3rd respondent
in issuing community certificate dtd. 26/11/2021 showing
her community as "Balija-OC" instead of "Perika Balija-BC-B"
in the community certificate, as illegal, arbitrary, violative of
Andhra Pradesh (Schedule Castes, Schedule Tribes and
Backward Classes) Regulation of Issue of Community
Certificates Act, 1993 [for the short " the Act, 1993"] and for a
consequential direction to the respondents to issue fresh
community certificate to the petitioner by certifying that she
belongs to "Perika Balija BC-B" community.
(2.)The case of the petitioner is that she applied for caste certificate in the month of November-2021
through the Grama-Ward Sachivalayam, Bhakrapet Village,
Chinnagottigallu Mandal, claiming that she belongs to
"Perika Balija-BC-B" community. The petitioner's family
belongs to "Perika Balija BC-B" community which has been
categorized as backward caste (BC-B) by the Government.
The school records of Sri Sairam English & Telugu Medium
U.P. School, Bhakarapet, Chittoor District as well as the
transfer certificate issued by Narayana English Medium High
School, Kalur Village, Tirupathi Rural, Chittoor District also
indicates the caste of the petitioner as "Perika Balija-BC-B"
and the same was mentioned in the school records. The
petitioner's paternal uncle also belongs to "Perika Balija-BCB" and the Chittoor District Perika/Perike Balija Sangam also
issued a letter stating that the petitioner is belonging to
"Perika Balija-BC-B".
(3.)The 3rd respondent filed counter inter alia stating that the petitioner failed to produce the documents as
required by the field staff and a local enquiry was made
through the VRO and Revenue Inspector concerned and they
recommended that the petitioner belongs to "Balija-OC"
caste. The petitioner's father has been stated as "Balija-OC"
caste in the society and has marital relationships in "Balija"
community. Even though the petitioner and her family
belongs to Bakarapet Village in Chinnagottigallu Mandal,
they have not claimed as backward community previously
and the petitioner has applied for caste certificate for the first
time. Basing on the local enquiry as it was informed by the
field staff that the petitioner belongs to "Balija- OC" caste, the
petitioner was issued a "Balija-OC" community certificate.
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