(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "The Ethnology Of Beda Badaga Jangam Caste In Andhra Pradesh"

ANNEXURE - 25

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT

HYDERABAD.

V. Srirama Murthy v. Government of Andhra Pradesh,
General Administration* Department, Hyderabad and
others.

/. Case - Cancellation of a Caste Certificate - Petitioner
obtained a certificate from the then Tahsildar that he
belongs to a particular Scheduled Tribe and obtained
appointment - He also got a promotion on the basis of a
similar certificate again obtained at the time of promotion -
Now, after issuing notice to him the said certificates have
been cancelled - Held, the burden lies on the authorities
to prove the allegations on which the certificates are
cancelled - The order of cancellation should also be a
speaking order, containing the reasons of the conclusions
 In the instant case the order of cancellation is vague and
does not disclose the reasons for conclusions - Orders of
cancellation set aside and fresh enquiry directed to be
conducted.

The burden is on the applicant to establish his case
for obtaining such certificates. But, when such certificates
are sought to be cancelled on the ground of fraud or
misrepresentation, the burden to some extent would shift
upon the authority which makes such allegations and
such authority is bound to disclose the reasons for
arriving at such conclusion and to put the concerned
person on notice. Even in cases where the certificates
earlier obtained by a person are sought to be cancelled,

131