HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.1993 of 2019
Order:
This Writ Petition is filed to declare the action of the respondents
2l to 6 in not admitting the petitioner in VI Class in the respondents 2 and 3 institution under Scheduled Caste (Budaga Jangam) category for the academic year 2019-2020 as per the merit list dated 04.02.2019, as illegal and arbitrary.
The case of the petitioner, in brief, is that he belongs to 'Budaga Jangam' caste, which is recognized as a Scheduled Caste category and a certificate dated 20.07.2004 to that effect was also issued to the father of the petitioner by the competent authority; petitioner appeared for entrance examination conducted by the respondents 2 and 3 for admission into VI Class in their institution for the academic year 2019- 2020 and secured a rank; as caste certificate was issued to the father of the petitioner certifying him as 'Budaga Jangam' under Scheduled Caste category, the respondents ought to have treated the petitioner candidature under SC category, but the respondents are not considering the petitioner case under Scheduled Caste category as per the merit list dated 04.02.2019, even though he appeared for the entrance examination under Scheduled Caste category; hence, the present Writ Petition.
This Court, on 20.02.2019, while ordering notice before admission passed an interim order directing the respondents 2 and 3 to finalize the admission of the petitioner forthwith, basing on the community certificate held by his father and admit into VI Class in 3rd respondent School and the admission of the petitioner is subject to further orders in this behalf. 2
Counter affidavit along with vacate stay petition is filed by the respondents 2 and 3 stating, inter alia, that they have considered the petitioner in Scheduled Caste category basing on his father's community certificate, however the petitioner stood as last among Scheduled Caste category, hence he could not get admission. It is also stated that the admissions for academic year 2019-2020 were already completed and 11 candidates as per the allocation of seats under Scheduled Caste category were admitted and they have been promoted to VII standard for the year 2020-2021.
Today, when the matter is taken up for hearing, it is submitted by the learned Government Pleader for Social Welfare that the issue with regard to issuance of caste certificate as 'Budaga Jangam' is squarely covered by the judgment passed in Writ Appeal No.389 of 2020, dated 17.02.2021, wherein the Division Bench of this Court observed as follows.
"10) But, it is to be noted that, in Fifth Schedule of the Andhra Pradesh Reorganization Act, 2014, Beda /Budga Jangam Community has been omitted from the list of SC communities. It would be appropriate to extract the same, which is as under:-
"THE FIFTH SCHEDULE (See section 28) In the Constitution (Scheduled Castes) Order, 1950,--
(1) in paragraph 2, for the figures "XXIV", the figures "XXV" shall be substituted;
(2) in the Schedule,--
(a) in PART I relating to Andhra Pradesh, item number 9, shall be omitted;
(b) after Part XXIV, the following Part shall be inserted, namely:--3
"PART XXV.-- Telangana
1.......
2.......
3.......
4.......
5.......
6.......
7.......
8.......
9 . Beda (Budga) Jangam 10 . . . . . . .
11 . . . . . . .
12 . . . . . . ."
11) Relying upon the said entry, a Division Bench of this Court vide its Order in WP No.22208 of 2020, dated 21.01.2021, rejected the request of the Petitioner therein holding as under:
"Presidential Order omitting 'Bedajangam' community from Scheduled Caste category is placed on record. In view of the said fact, no relief may be extended to the petitioner in the writ petition."
12) Further, on perusal of G.O.Ms. No. 104, dated 05.09.2019, issued by Social Welfare (CV.1) Department would show that the Government after examining the matter in detail, decided to appoint a One Man Commission headed by a senior officer belonging to Indian Administrative Service to examine the following issues:-
"I. Inclusion of Beda / Budga Jangam Community people under Scheduled Castes category. II. . . . . . . .
III. . . . . . . .
IV. . . . . . . .
V. . . . . . . ."4
13) It is also brought to the notice of the court that till date the One Man Commission has not submitted any report to the Government. From the above, it is clear that as on day, the said Beda /Budga Jangam Community is not yet included under Scheduled Castes category in the State of Andhra Pradesh.
14) Therefore, viewed from any angle, we are of the view that the order directing the authorities to consider the case of the Petitioner under Beda/Budga Jangam Community, more particularly, to the 5th Respondent to provide admission to the Petitioner under the said category warrants interference.
15) Accordingly, the Writ Appeal is allowed and the Interim Order, dated 05.11.2020, passed in I.A. No. 1 of 2020 in W.P. No.20219 of 2020 is set-aside. No costs."
As seen from the counter affidavit filed on behalf of the respondents 2 and 3, petitioner could not be considered under the Scheduled Caste category according to his rank and that the admissions for academic year 2019-2020 were already completed and that they were also promoted to VII standard for the year 2020-2021.
In view of the facts and circumstances of the case, no direction as prayed for by the petitioner can be issued and, accordingly, the Writ Petition is dismissed. There shall be no order as to costs.
As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
_________________________ KONGARA VIJAYA LAKSHMI, J Date:03.08.2021 Nsr 5 HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI Writ Petition No.1993 of 2019 Date:03.08.2021 Nsr