LINGADHARI KOYA Vs. UNION OF INDIA
LAWS(APH)-1992-8-2
HIGH COURT OF ANDHRA PRADESH
Decided on August 10,1992

ANDHRA PRADESHLINGADHARI KOYA (ORDINARY) ASSOCIATION REP. Appellant
VERSUS
UNION OF INDIA, REP. BY THE UNDER-SECRETARY, MINISTRY OF WELFARE Respondents


Referred Judgements :-

COUNCIL OF CIVIL SERVICE UNIONS AND OTHERS VS. MINISTER FOR THE CIVIL SERVICE. [REFERRED TO]
ASSOCIATED PROVINCIAL PICTURE HOUSES LIMITED VS. WEDNESBURY CORPORATION [REFERRED TO]
CHIEF CONSTABLE OF THE NORTH WALES POLICE VS. EVANS [REFERRED TO]
DADAJI ALIAS DINA VS. SUKHDEOBABU [REFERRED TO]
DWARKADAS MARFATIA AND SONS VS. BOARD OF TRUSTEES OF THE PORT OF BOMBAY [REFERRED TO]
VASANTKUMAR RADHAKISAN VORA DEAD VS. BOARD OF TRUSTEES OF THE PORT OF BOMBAY [REFERRED TO]
SOUTH CENTRAL RAILWAY VS. B VEERA RAJU [REFERRED TO]



Cited Judgements :-

I B RAJENDRA PRASAD VS. DIRECTOR OF TRIBAL WELFARE [LAWS(APH)-1996-2-99] [REFERRED TO]


JUDGEMENT

M.N.Rao, J. - (1.)This Judgment will dispose of both the writ petitions as they raise common questions. The petitioner in W.P. 9707 of 90 is A.P. Lingadhari Koya (Ordinary) Association, represented by its Convenor Vibhuti Ramaiah. It was filed as a public interest litigation questioning the legality of an order issued by the Government of Andhra Pradesh in Memo No. ll29 / Sl / 89-l, dated 23-4-90 by which the Government directed that
"every case in which a claim for issue of a Scheduled Tribe Community Certificate on the basis of the applicant's caste as belonging to Lingadhari Koya (ordinary) should be referred to Director, Tribal Cultural Research and Training Institute for clearance before issue of Scheduled Tribe community certificate."
The memorandum also directed all authorised officers to refer all such cases to the Director, Tribal Cultural Research and Training Institute (for short Director, Tribal) before issue of certificates and all educational institutions in the State were required to insist on clearance from the Director, Tribal, before accepting the certificate submitted by any one as belonging to Lingadhari Koya (ordinary) Tribe.
(2.)W.P.No. 13992 of 91 was filed by two sisters, minors represented by their father challenging the legality of a show-cause-notice issued by the Collector, Rangareddy District in No. C5 / 5550 / 91, dated 10-10-91. They obtained Scheduled Tribe caste certificates from the Mandal Revenue Officer, Balanagar Mandal and Revenue Divisional Officer, Chevella division that they belong to Lingadhari Koya Tribe, with a view to appearing for common entrance examination seeking admission to engineering colleges in the State. The Director, Tribal communicated certain guidelines to be followed by the authorities while issuing caste certificates to individuals claiming to be Lingadhari Koyas (ordinary) and as per those guidelines the two sisters Kum. V. Lakshmi and Kum. V. Manga belong to Balasan tham caste but not Lingadhari Koya tribe. By the above show-cause-notice the Collector, Rangareddy called upon the two sisters to explain the reasons for the false declaration they obtained within one week from the date of receipt of the notice, failing which the certificates will be cancelled on the ground of committing fraud.
(3.)Lingadhari Koya (ordinary) is a sub-tribe of Koya Tribe. Lingadhari Koya (ordinary) Tribe is a listed Scheduled Tribe: Item No. 18 in the Constitution (Scheduled Tribes) Order, 1950 as amended by the Act 108 of 1976. The Constitution confers several benefits and rights on persons belonging to listed Scheduled Castes and Scheduled Tribesreservation of seats in Parliament, State Legislatures and local bodies, reservation of posts in public services and seats in educational institutions.
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