Kania, J. - (1.) 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. 7548 of 1983, 7356 of 1984 and 10320 of 1984. Civil Appeals Nos. 2306-2308 of 1985 are filed by the State of Andhra Pradesh and others, Civil Appeals Nos. 2309-10 of 1985 are filed by the Andhra Pradesh State Scheduled Castes Welfare Association and Civil Appeals Nos. 2518-2519 of 1985 are filed by the Union of India.
(2.) As the controversy before us is very limited, we propose to set out only the short facts necessary for the appreciation of the contentions raised before us.
(3.) The Respondent No. 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. 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. Under the Scheduled Castes and Scheduled Tribes (Modification) Order, 1956, Beda Jangam Community in the Telangana region was enumerated as a Scheduled Caste. 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 caste was removed and that caste was declared as a Scheduled Caste throughout the State of Andhra Pradesh. By an Order, being Order No. G.O. Ms. No. 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 notified as a Scheduled Caste throughout the State of Andhra Pradesh. Thereafter, Chandrasekhara obtained the aforesaid social status certificate from the Tahsildar, Ongole. 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. 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 not a Scheduled Caste. That representation was forwarded by the Central Government to the State Government for taking appropriate action. 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. 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 Scheduled Caste throughout the State of Andhra Pradesh. 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. The Central Government forwarded that representation to the State of Andhra Pradesh and requested them to conduct a thorough enquiry into the matter. The State Government appointed T. Munivenkatappa, the then Commissioner of Welfare, Social Welfare Department of the State Government to conduct a de novo enquiry and submit a Report. The terms of enquiry which have been set out by the High Court in the impugned judgment are as follows: (i) Whether Sri Lingam, his parents, the members of his family and near relatives are treated as untouchables by the caste Hindus; (ii) In what village or villages his parents, members of his family and near relatives are living; (iii) Whether all of them in that village are living in a separate colony along with the other scheduled castes; (iv) Whether they along with the other sections in the colony are drawing water from their own wells or drawing water from the wells situated in the caste Hindu locality; (v) Whether they are prohibited from entering or permitted to enter into temples and coffee hotels; (vi) The enquiry officer should record the statements of the near relatives and neighbours and others living in the locality or in the colony; (vii) When the enquiry officer proceeds for enquiry he should give notice 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 Commissioner conducted an enquiry commencing 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 not have the disability of untouchability and the Jangamas of that district are not Beda Jangamas. The Report also stated that Chandrasekhara did not belong to the Scheduled Caste of Beda Jangam and as such the social status certificate issued to him deserved to be cancelled. On the basis of this Report, the State Government of Andhra Pradesh issued an Order being G.O. Ms. No. 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 consequential steps. In these circumstances, although Chandrasekhara was selected, he was not called for training along with other selected candidates.;