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

Regulation of Issue of Community Certificates Act, 1993,
and the Rules framed thereunder. The said Rules declare
that It is the responsibility of the applicant to produce
necessary evidence/documents while applying for grant of
certificate, to the competent authority. Thus, the burden is
upon the applicant to establish that he belongs to a
particular community. The Rules also provide the
procedure for making an inquiry into the fraudulent cases.
The District Collector is required to decide whether the
Certificate holder is a genuine one or fraudulent and in
case of his coming to the conclusion that the certificate
holder obtained the   certificate fraudulently, the District
Collector shall pass an order cancelling the certificate
issued after receiving the findings of the scrutiny
committee. Of course, neither the Act nor the Rules were
in force as on the date of initiation of action against the
petitioner in this case, nor on the date of passing of the
impugned order.
18. In the same manner, no genuine person belonging to
a reserved class/ community can be deprived of his
legitimate right to apply for, obtain and retain social status
certificate. Any denial to grant certificate may amount to
deprivation of constitutionally guaranteed rights.
Therefore, an order cancelling such certificate may have
to be passed only on the evidence and material available
on record. Reasonable opportunity shall have to be
provided to such a person against whom the action is
sought to be initiated for cancelling the certificate. The
order to be passed by the competent authority and the
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