K. Ramaswamy, J. - (1.) Leave granted.
(2.) This appeal by special leave arises from the judgment and order of the High Court of Andhra Pradesh dated January 16, 1984 made in Writ Appeal No. 1040 of 1983. This is a second case after Madhuri's case (supra) in which this Court noticed fraud upon the Constitution played by the plainman to wear the mask of false social status to corner the Constitutional benefits of reservation of admission into professional course under Art. 15(4), an integral scheme of socio-economic justice conferred on the disadvantage Scheduled Tribes. The Government of Andhra Pradesh stated in G. O. Ms. Nos. 245 dated June 30, 1977 and reiterated in G. O. No. 289 dated November 28, 1986 of the Social Welfare Department of the Andhra Pradesh Government, that it is notorious to secure false caste / community certificates that "a very numerous applications are received from spurious candidates claiming and projecting privileges exclusively provided to Scheduled Tribes candidates with the help of false certificates relying in not only dilution but also denial of benefits to Scheduled Tribes candidates." It would be thus an undeniable fact that to secure false social status as a Scheduled Tribes or Scheduled Castes, the plainman plays fraud on the Constitution to secure admission in the professional courses or appointment to a post or office under the State or its instrumentalities. The Division Bench by resorting to traditional treatment of a burning malady, has overlooked the fraud played on the Constitution by ineligible persons the constitution of benefits exclusively made available for deprived class of persons.
(3.) The respondent is son of one L. Hanumantha Rao, a Government servant in Engineering Department of State Government. The admitted facts are that their nativity though initially was Amadalavalas in Srikamulam Dist. settled down in Satyavedu in Eluru Taluk of West Godavari District. By appointment and transfer the respondent's father, while working in Hyderabad was stating in Malakpot within the jurisdiction of the Tehsildar Musheerabad, Hyderabad District. For admission into Engineering course, he obtained caste certificate from Tehsildar Vallabhangar, Ranga Reddy Dist. that he belongs to Kondakapu community a notified Scheduled Tribe. While provisionally admitting the respondent into first year course of B. E., the Principal, Osmania University, Engineering College referred the matter to the Director, Tribal Welfare for confirmation of the social status of the respondent. On receipt thereof the latter issued notice to the respondent to appear before him with all necessary certificates along with an adult male member who would answer the questions. Though the appellant had appeared with photostat copies of the certificates before the Director on July 21, 1983, the adult member, in other words, is father L. Hanumantha Rao had not appeared. In spite of giving time for his appearance, the Director having found that the respondent's father did not appear, considered the certificates produced by the respondent and concluded that since Tehsildar, Vallabhangar was not competent to issue the social status certificate, they had been issued without jurisdiction. In the school certificate of the father of the respondent, it was recorded that he was "Kapu" which would mean that respondent and his father did not belong to Kondakapu community, Scheduled Tribe. Calling in question of the order of the Director dated August 20, 1993, the respondent filed Writ Petition No. 7134/83. The learned Single Judge by his order dated October 22, 1983 dismissed the Writ Petition. On appeal the Division Bench reversed the order of the Single Judge primarily on three grounds, firstly, that the admission brochure of the Osmania University indicates that a Tehsildar is competent to issue the certificate. Since Tehsildar, Vallabhangar is a competent officer and the certificate issued by him was valid in law. It was also held that the father of the respondent was in service of State Government and his service records and the educational certificates established him to be a Scheduled Tribe. Therefore, the respondent is entitled to enter the status as Scheduled Tribe. The Director rejected the claim of the respondent on assumptions and surmises.;