HIGH COURT OF ANDHRA PRADESH : AMARAVATI
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE C. PRAVEEN KUMAR
WRIT APPEAL No.5 of 2021
(Taken up through video conferencing)
1. The State of Andhra Pradesh,
Rep., by its Principal Secretary
Social Welfare Department, Secretariat,
Velagapudi, Amaravathi,
Guntur District and (3) others.
.. Appellants.
Versus
Putteti Santhan, S/o P. Syam Prasad,
Aged about 17 years, Occ: Student,
R/o D.No.2/9/150, Koneti Kayyalu,
Kovvuru, Nellore, being minor rep.,
by his father natural guardian P. Syam Prasad.
..Respondent.
Counsel for the Appellants : Mr. T.N.M. Ranga Rao, GP for Social Welfare Counsel for respondent : Mr. T.D. Phani Kumar representing Mr. Harinath Reddy Soma ORAL JUDGMENT Dt: 06.01.2021 per Arup Kumar Goswami, CJ
1. Heard Mr. T.N.M. Ranga Rao, learned Government Pleader for the appellants and also Mr. T.D. Phani Kumar, learned Counsel representing Mr. Harinath Reddy Soma, learned Counsel for the respondent/writ petitioner.
2
HCJ & CPK,J W.A.No.5/2021
2. This intra-court appeal is directed against the order dated 24.11.2020 passed by learned single Judge in I.A.No.1 of 2020 in W.P.No.19492 of 2020.
3. By the aforesaid order, appellants No.3 and 4/ respondents No.3 and 4 in the writ petition were directed to issue the provisional SC (Samban) caste certificate to the writ petitioner in terms of Rule 19 of the Andhra Pradesh Scheduled Castes, Scheduled Tribes and Backward Classes -Issue of Community, Nativity and Date of Birth Certificates Rules, 1997 to enable the writ petitioner to get admission into the Indian Institute of Technology, Madras, pending disposal of the main writ petition. It was also observed that issuance of the said provisional certificate will be subject to result of the writ petition.
4. Mr. T.D. Phani Kumar, learned counsel for the writ petitioner, submits that the writ petitioner secured 967th rank in all India level in SC category and after counselling, he was allotted a seat in Indian Institute of Technology, Madras in SC category, and he was required to produce his caste certificate on or before 20.10.2020. It is not in dispute that the father of the writ petitioner possessed caste certificate in SC category (samban). The grievance expressed by the writ petitioner was that despite approach being made by the writ petitioner, requisite certificate was not issued by respondent No.4 in the writ petition.
5. Mr. T.N.M. Ranga Rao, learned Government Pleader appearing for the appellants, has submitted that it was urged before learned single Judge that a One-Man Commission was appointed by the Government to conduct enquiry about the issuance of SC (Samban) caste certificate and the report 3 HCJ & CPK,J W.A.No.5/2021 of the commission is still awaited. He has also submitted that there were many instances earlier where caste certificates were cancelled, as they were not found to be belonging to the specific caste in reality.
6. The learned single Judge took note of Rule 19 of the Andhra Pradesh Scheduled Castes, Scheduled Tribes and Backward Classes -Issue of Community, Nativity and Date of Birth Certificates Rules, 1997 and accordingly, passed order, which is assailed in this writ appeal.
7. We are of the considered opinion that the learned single Judge has balanced the competing equities in the facts and circumstances of the case. We are also of the opinion that in view of the fact that the father of the writ petitioner is possessed of SC (Samban) caste certificate, no interference is called for in this writ appeal.
8. Accordingly, finding no merit, the Writ Appeal is dismissed. No costs. As a sequel, all the pending miscellaneous applications shall stand closed.
ARUP KUMAR GOSWAMI, CJ C. PRAVEEN KUMAR, J Nn 4 HCJ & CPK,J W.A.No.5/2021 HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE & HON'BLE MR. JUSTICE C. PRAVEEN KUMAR WRIT APPEAL No.5 of 2021 (per Arup Kumar Goswami, CJ) Dt: 06.01.2021 Nn