THE HON'BLE SRI JUSTICE A.V.SESHA SAI
AND
THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION No.3344 OF 2022
ORDER: (Per Hon'ble Sri Justice A.V.Sesha Sai)
Heard Sri B.Sudhakar Reddy, learned counsel for the
petitioner, Sri T.N.M.Ranga Rao, learned Government Pleader for
Social Welfare for respondent Nos.1 and 5, Sri N.Vijay Kumar,
learned Standing Counsel for respondent No.2, Sri Jupidi Venkata Kumar Yagnaduth, learned Standing counsel for respondent No.3, and the learned Government Pleader for Revenue for respondent Nos.4 and 6, apart from perusing the material available on record.
2. Alleged inaction on the part of the Revenue Divisional Officer, Palakonda, Srikakulam District-respondent No.6 herein in disposing of the application submitted by the petitioner on 01.09.2021 for issuance of caste certificate under the provisions of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993, is the grievance of the petitioner in the present Writ Petition. According to the petitioner, who is a minor, represented by her father and deponent of the writ affidavit, she appeared for NEET examination with Roll No.1206016175, held in the month of October, 2021 and secured rank of 3,57,368. On 01.09.2021, the petitioner herein made an application to respondent No.6-Revenue Divisional Officer, requesting to issue caste certificate. On 28.01.2021, respondent No.2-N.T.R.University of Health Sciences 2 issued a notification, inviting applications for admission into U.G. M.B.B.S. course for the academic year 2021-22. According to the schedule given thereunder, the applications were required to be uploaded online from 29.01.2022 to 04.02.2022. One of the columns in the said application requires uploading of caste certificate of the candidate also. The petitioner herein applied both for AIIMS and N.T.R.University for Health Sciences. According to the deponent, father of the petitioner herein, he uploaded his caste certificate. With an apprehension that since the revenue authorities did not issue the caste certificate, as requested vide application dated 01.09.2021, respondent No.2-University may not consider the case of the petitioner herein for admission into the U.G. M.B.B.S. course, the present Writ Petition has been filed. It is stated in the writ affidavit that the petitioner herein also applied for AIIMS institution on 24.01.2022 and though the counselling was initially scheduled on 29.01.2022, the same now stands postponed and no schedule is given yet. According to the learned counsel for the petitioner, in view of the action on the part of the respondent- revenue authorities in not taking any action on the application submitted by the petitioner on 01.09.2021, there is serious threat of losing the seat in the U.G. M.B.B.S. course, as respondent Nos.2 and 3 are likely to hold counselling at any moment.
3. There is absolutely no dispute with regard to the submission of application by the petitioner for issuance of caste certificate to the Revenue Divisional Officer-respondent No.6 herein 3 on 01.09.2021. Rule 5 of the Andhra Pradesh Scheduled Castes, Scheduled Tribes and Backward Classes - Issue of Issue of Community, Nativity and Date of Birth Certificates Rules, 1997, deals with the procedure for verification on receipt of applications. Clause (h) of Rule 5 of the said Rules mandates the competent authority to confirm or reject the claim for the Community, Nativity and Date of Birth Certificate, after conducting enquiry as per the preceding clauses within a period of 60 (sixty) days, as stipulated in the notification issued by the State Government, vide G.O.Ms.No.5, Social Welfare Department dated 05.03.2012. In the instant case, though the petitioner herein submitted an application on 01.09.2021, the competent authority did not take any action. Rule 19 of the aforesaid Rules deals with the Provisional admission/ appointment and according to which, if the last date for admission to an educational institution/appointment to an office/post is getting expired and there is delay in finalization, the enquiry and issuing of Community, Nativity and Date of Birth Certificate by the competent authority, the competent authority may inform the Principal of the Educational Institution/appointing authority/ employer or such other authority competent in this behalf to admit/appoint the candidate, on the basis of the declaration given by the candidate/parent/guardian before the Competent Authority, and such admission or appointment shall only be provisional and valid for three months from the date of the communication by the Competent Authority. Therefore, in the cases of the present nature, 4 the said Rule can be invoked. It is also the submission of the learned counsel for the petitioner that the petitioner's father, deponent in the present writ affidavit, when he applied for M.B.B.S. course in 1990, he faced the same problem and ultimately succeeded in his effort and the respondent-authorities issued a caste certificate, vide proceedings Rc.No.1253/00/E dated 30.11.2000. A copy of the same is placed on record. It is also submitted by the learned counsel for the petitioner that when the caste certificate of the paternal uncle of the petitioner was cancelled by the authorities, he approached this Court and this Court had set aside the said order of the cancellation. Learned counsel for the petitioner has placed on record a judgment of the Hon'ble Apex Court in the case of State of Bihar and others v. Sumit Anand1, wherein the Hon'ble Apex Court confirmed the judgment of a Division Bench of the Patna High Court.
4. Learned Government Pleader, on the other hand, submits that the petitioner herein does not belong to Bentho-Oriya community and, in fact, belongs to Vaddera community, which falls under B.C.Category. However, admittedly, enquiry before the Revenue Divisional Officer, Palakonda, is pending under the provisions of the aforesaid Act and the Rules. In the meanwhile, if any counselling takes place for the seats under the jurisdiction of respondent Nos.2 and 3, the petitioner herein will not be in a position to have his name considered.
1 (2005) 12 Supreme Court Cases 248 5
5. Therefore, taking into consideration the submissions of the learned counsel for the petitioner, learned Government Pleader for Social Welfare and Sri N.Vijay Kumar, learned Standing Counsel for N.T.R.University for Health Sciences and Sri Jupidi Venkata Kumar Yagnaduth, learned Standing Counsel for AIIMS and keeping in view the equities and taking into consideration the caste certificate of the father of the petitioner, this Writ Petition is disposed of, directing the Revenue Divisional Officer, Palakonda, Srikakulam District, to complete the statutory enquiry under the provisions of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993, and the Andhra Pradesh Scheduled Castes, Scheduled Tribes and Backward Classes - Issue of Issue of Community, Nativity and Date of Birth Certificates Rules, 1997, and pass appropriate orders in accordance with law within a period of one month from the date of receipt of a copy of this order. It is also made clear that in the event of holding any counselling in the meanwhile by respondent Nos.2 and 3 for admission into U.G. M.B.B.S. course within their jurisdiction, the candidature of the petitioner herein shall also be considered on the basis of the material made available by the petitioner, including the certificate of the father of the petitioner, on provisional basis for admission into U.G. M.B.B.S. course. It is also made clear that such allotment shall be subject to outcome of the enquiry to be concluded by the Revenue Divisional Officer under the provisions of 6 the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993. It is also made clear that the petitioner herein shall not claim any equities in that regard. It is also made clear that the petitioner herein shall cooperate with the enquiry to be undertaken by the Revenue Divisional Officer.
6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs of the Writ Petition.
As a sequel, interlocutory applications pending, if any, in this Writ Petition shall stand closed.
___________________ A.V.SESHA SAI, J ___________________________ RAVI CHEEMALAPATI, J Date: 16.02.2022 Note: Issue cc in two days B/O siva 7 THE HON'BLE SRI JUSTICE A.V.SESHA SAI AND THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION No.3344 OF 2022 Date: 16.02.2022 siva