ORDER
Ghulam Mohammed, J.
1. The petitioner seeks for issuance of writ of certiorari to call for the records in RC No. D6/7491/1991, dated 16-4-1992 of the Joint Collector and Additional District Magistrate, Nizamabad and to quash the same as being unreasonable and arbitrary.
2. By virtue of the impugned proceedings, the social status certificate from the Office of the then Tahsildar, Bodhan dated 27-4-1985, which was issued by the Mandal Revenue Officer, Bodhan on 31-12-1987 was cancelled by the respondent after due enquiry.
3. It is averred that the petitioner was born to Christian parents of Scheduled Caste origin, who belong to Mala community, SCs and SC Christians share the same habitation in the outskirts of the villages leading the same social, economic and cultural life in the Society. He was not baptized though he is born to Christian parents. At the time of admission into the U.P School at Andapur, his religion was noted as Christian and the said entry was carried in the other schools subsequently. On 1-1-1985, he renounced Christianity and embraced Hinduism. The certificate issued by the Arya Samaja Mandir, Bolaram is herewith filed. On such reconversion, he was received back into Mala community as evidenced by the certificate issued by Harijan Udharak Sangh Boram and the certificate issued by the community elders
of Bodhan and therefore, he is Scheduled Caste in terms of number of decisions of the Apex Court.
4. It is further averred that one Venkataiah of Yedlapalli village, who is enemically disposed against him, filed a petition alleging that he is a Christian and that he does not belong to Scheduled Caste. On that, the Assistant Collector having examined the school records and ignored the other certificates relating to his reconversion to Hinduism, sent a report that he is a Christian. The enquiry report was not supplied to him.
5. It is further averred that the Joint Collector by his notice dated 24-12-1991, called upon him to show-cause why the Social Status Certificate given to him should not be cancelled basing on the report of the Assistant Collector, for which an elaborate explanation was submitted by the petitioner along with the necessary certificates. The respondent gave him oral hearing on 26-3-2002 and he explained in person that he is a Scheduled Caste having renounced Christianity and he has been received back into the folds of his community after his reconversion. The respondent ignoring the evidence as to reconversion and that of the acceptance of the community and that of the marriage under Special Marriage Act, held that the petitioner is a Christian. The respondent also ignored the various decisions of the Supreme Court. When tjie Assistant Collector made perfunctory enquiry solely on the basis of scholastic records, the Joint Collector atleast should have made proper enquiry. This issue is of a serious matter which reflects his life and career. The enquiry is vitiated for violation of principles of natural justice. Hence the writ petition.
6. Heard Mr. P.V. Krishnaiah, the learned Counsel for the petitioner and the leaned Government Pleader for Social Welfare.
7. I have perused the material available on record. It is seen from the impugned order that the matter has been enquired into by the Assistant Collector, Bodhan and the petitioner appeared before him and deposed that he is the son of Jyothula Gnana Ratna Rao who is working as Teacher and originally, the petitioner was native of Yodpalli village and studied in the following educational institutions (as per TC):
1.
UPS Amdapur
Vth class
1971-72
Indian
Christian
2.
CUPS Ootpatli
VI
to VII class
1972-74
-do-
3.
Govt. Boys High School, Shakkarangar
VIII to X
1974-77
-do-
4.
Govt. Junior College, Bodhan
Inter
I & IInd
1980-82
-do-
8. During the course of impugned order, it is found that from the perusal of above educational certificate, it is evident that it is shown as Indian Christian and the Assistant Collector reported that as per the school records, he is Christian and he obtained a false SC (Mala) Certificate from the Tahsildar, Bodhan as well as from Mandal Revenue Officer, Bodhan. The petitioner was given a chance for personal hearing on 26-3-1992 wherein he stated that out of jealousy, some one has given a false allegation against him. In his explanation, he emphasised the following points:
1. that he was born to Christian parents of SC origin belonging to Mala caste of the SC
2. that since he was living among SC Hindus from the inception, he was inclined towards Hinduism and was mostly observing Hindu festivals and ceremonies.
3. that though he born to Christian parents he was not baptized and never when to a Church.
4. that based on the religion of his parents in his school records in the primary classes, it is mentioned that he is an “Indian Christian”. In the subsequent institutions where he studied, based on the entries in the primary school records, he was shown as an Indian Christian.
The impugned order further reveals that the incumbent himself accepted that he was born to Christian parents and in the school and college records, his caste was continuously recorded as “Indian Christian.”
9. While drawing my attention to G.O. Ms. No. 288 Social Welfare (32), Department, dated 19-12-1988 and the impugned order, the learned Government Pleader has brought to my notice that at the relevant point of time the caste certificate was cancelled by the Joint Collector and he was competent to pass the impugned order and as such, the impugned order does not suffer from any legal infirmity and it docs not suffer from any violation of principles of natural justice. He has drawn my attention to the judgment of Apex Court reported in Mrs. Valasamma Paul v. Cochin University and Ors., , wherein it is held thus:
“However, the question is: whether a lady marrying a Scheduled Caste, Scheduled Tribe or OBC citizen, or one transplanted by adoption or any other voluntary act, ipso facto, becomes entitled to claim reservation under Article 15(4) or 16(4), as the case may be? It is seen that Dalits and Tribes suffered social and economic disabilities recognised by Articles 17 and 15 (2). Consequently, they became socially, culturally and educationally backward; the OBC also suffered social and educational backwardness. The object of reservation is to remove these handicaps, disadvantages,
suffering and restrictions to which the members of the Dalits of Tribes or OBCs were subjected to and was sought to bring them in the mainstream of the nation’s life by providing them opportunities and facilities.
Further question is : Whether recognition by the community as is envisaged by law and expressly recongised by this Court in Mohan Rao’s case , would give the benefit of reservation? In that case, parents of Mohan Rao originally belonged to a Scheduled Caste in A.P. Mohan Rao, became a Christian but reconverted into Hinduism and claimed the status as a Scheduled Caste. The Constitution Bench had held that by reconversion, he could not become a Hindu but recognition by the community is a pre-condition. In that case, it was found that caste/community had recognised him after reconversion a member of the Scheduled Caste. In Kailash Sonkar’s case (supra) this Court in the context of election law, considered the question of reconversion into Hindu fold. On conversion to Christianity or any other religion, the converter would lose the said caste. Where a person belonging to the Scheduled Caste is converted to Christianity or Islam, the same involves loss of the caste unless the religion to which he is converted is liberal enough to permit the convertee to retain his caste or the family law by which was originally governed. Where the new religion does not at all accept or believe in the caste system, the loss of the caste would be final and complete. In South India, if a person converts from Hindu religion to other religion, the original caste, without violating the tenets of the new order to which he has gone, as a matter of common practice continues to exist from times immemorial. If a person abjures his old religion and converts to a new one, there is no loss of caste. However where the convertee exhibits by his actions and behaviour his clear intention of abjuring the new religion, on his own violition without any persuasion and is not motivated by any benefits of gain; the community of the old order to which the convertee originally belonged, is gracious enough to admit him to the original
caste either expressly or by necessary intendment; and rules of the new order permit the convertee to joint the new caste, on reconversion his original caste revives and he becomes a @ page-SC 1023 member of that caste. However this Court had held that in our opinion the main test should be a genuine intention of the reconvert to abjure his new religion and completely dissociate himself from it. We must hasten to add here that this does not mean that the reconversion should be only a ruse or a pretext or a cover to gain mundane worldly benefits so that the reconversion becomes merely a show for achieving a particular purpose whereas the real intention may be shrouded in mystery. The reconvert must exhibit a clear and genuine intention to go back to his old fold and adopt the customs and practices of the said fold without any protest from members of his erstwhile caste,” in that case it was held that from his conduct, the respondent established that she by her conduct became a member of the community entitled to contest the elections as a Scheduled Caste. In Mohan Rao’s case (supra), this Court found as a fact that after conversion he was accepted as a member of the Dalits by the community. Similar are the facts in Horo case (supra). In CM Anumugam v. S. Rajagopal, , this Court did not accept reconversion, though Rajagopal proclaimed by conduct of his becoming a member of Scheduled Caste and his relations treated him as a member of Dalits. In Horo case also the respondent was recognised as a member of the Scheduled Tribe. Further in election law the compulsion of political party nominating a candidate and voters’ verdict may be looked into. In Soosai v. Union of India, , Bhagwati, C.J., speaking for a three Judge Bench held that non-recognition of Scheduled Caste Christians as Dalits was not violative of Article 14 as by reason of conversion they were not similarly handicapped as Dalits. In Madhuri’s case (1994 AIR SCW 4116) and Laveti Girl’s case , this Court directed procedure for issuance of social; status certificates. As a part of it, the officer concerned should
also verify, as a fact, whether a convert has totally abjured his old faith and adopted, as a fact, the new faith; whether he suffered all the handicaps as a Dalit or Tribe; whether conversion is only a ruse to gain constitutional benefits under Articles 15(4) or 16(4); and whether the community has in fact recognised his conversion and treated him as a member of community and the issue such a certificate.
The recongition of the appellant by the member of Latin Catholic would not, therefore, be relevant for the purpose of her entitlement to the reservation under Article 16(4), for the reason that she, as a member of the forward caste, had advantageous star in life and after her completing education and becoming major married Yesudas; and so, she is not entitled to the facility of reservation given to the Latin Catholic, a backward class.”
10. In A. Manamohan v. Secretary, Ministry of Shipping Transport, New Delhi, 1998 Lab IC 66, it is held thus:
“We have heard the learned Counsel appearing on either side on few earlier occasion. It is settled law that a caste community certificate issued by an empowered public authority under seal continues to be a valid document till it is cancelled by the said authority or by his superior authority. The contents in the certificate are to be treated as correct and every public authority, undertakings, bodies institutions, etc., which are bound by instructions relating to such certificates are bound to act upon them so long as they are not cancelled. It is also well settled by many decisions of our High Court and also by the Apex Court that in no disciplinary proceedings, the genuineness or correctness of their contents can be gone into. It is open to the department or employer or organisation to ask the issuing authority or District Collector as the case may be to verify whether the certificate as issued could be still valid on materials, which have since come to their knowledge. They can appear in the verification enquiry and place the materials.”
11. While drawing my attention to Clause 4 of G.O.Ms.No.282 which reads as under:
“As a addition to the field officers of the Revenue Department a number of others including both officials and non-officials have now been authorized to issue caste certificates, it is considered necessary to specify also the authorities competent to cancel false caste certificates. The Government after careful examination of the matter, hereby authorize the District Magistrates/Additional District Magistrates of the Revenue Districts to cancel the false Scheduled Castes, Scheduled Tribe and Backward caste certificates issued by non-officials and officials duly following the procedure prescribed and giving an opportunity to the individuals concerned to be heard”
it is contended by the learned Government Pleader, that the Joint Collector was competent to pass the impugned order and it docs not suffer from any legal infirmity and that the petitioner was afforded an opportunity before passing the impugned order and as such, it does not suffer from any violation of principles of natural justice.
12. In the instant case, there is no dispute that the petitioner was born to Christian parents and through out his educational career, his religion was recorded as Indian Christian. In the light of the principles laid down by the Apex Court in the above decision, the alleged re-conversion into Hinduism does not by itself confer any benefits contemplated under Articles 15 and 16 of the Constitution of India.
13. For the reasons stated in the foregoing paragraphs, I am of the considered view that the impugned order does not suffer from any legal infirmity or violation of principles of natural justice and that it does not call for any interference by this Court. This writ petition is misconceived and is liable to be dismissed.
14. In the result, this writ petition is dismissed. However, there will be no order as to costs.