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

(i)         B.Venkat Rao v. Principal Andhra Medical College,
AIR1989AP 159.

(ii)         Madhuri   Patil  v. Addl.  Commissioner Tribal
Development, AIR 1995 SC 94.

(Hi)         Director of Tribal Welfare v. Laveti Giri, AIR 1995 SC


15.   The decisions upon which the learned Government

Pleader placed reliance would not suport the submissions

made by him that the burden is always upon the person to

establish that he has not played any fraud and obtained

the Caste Certificate. The sum and substance of the

judgements upon which learned Government Pleader

placed reliance is that the burden Is always upon the

applicant to establish that he belongs to a particular

community as claimed and the applicant is bound to

discharge that burden for obtaining the certificate. 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,

the entire burden cannot be thrown on the person, who

obtained such certificates. Of course, once the initial

burden is discharged, it is for the person concerned to

establish that the certificates have been granted to him