Telangana High Court
R.Satyanarayana, S/O.Mothiram vs The Collector And District Magistrate, on 3 June, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
FRIDAY , THE TWELFTH DAY OF SEPTEMBER
TWO THOUSAND AND FOURTEEN
:PRESENT:
THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR
WP .NO:27119 of 2014
Between:
R.Satyanarayana, S/o. Mothiram
..... Petitioner
AND
1 The collector & District Magistrate, Adilabad District, At Adilabad.
2 The Deputy Director of Tribal Welfare I.T.D.A., Utnoor, Adilabad
District.
3 The District Educational officer, Special DSC-2012,Adilabad District, at
Adilabad.
4 The Government of Telangana, rep.by its Principal Secretary, Tribal
Welfare
Department, Telagana Secretariat Buildings,Hyderabad
.....Respondents
Petition under Article 226 of the Constitution of India praying
that in the circumstances stated in the affidavit filed herein, the High Court
may be pleased to issue a writ order or direction more particularly one in
the nature of writ of mandamus declaring the impugned
Proc.No.C3/3845/2012-38 dated 13.1.2014 including the appended
notification of even number and date issued by the District Collector and
invalid and unconstitutional arbitrary opposed to the principles of natural
justice void abinitio besides violative of Articles, 14,16,21 of the Constitution
of India and also contrary to the judgment in WP.No.27351/2013 dated
20.9.2013 as well as Rev.WPMP.No.45648/2013 dated 27.12.103 and
consequently hold that the Agency Area certificate possessed by the
petitioner is perfectly valid and further declare that the petitioner is entitled to
be appointed to the post to which he was selected i.e SECONDARY
GRADE TEACHER in Special DSC-2012 with all consequential benefits.
WPMP NO.33905 OF 2014
Petition under Section 151 of C.P.C. praying that in the
circumstances stated in the affidavit filed in the W.P. the High Court may be
pleased to suspend the impugned Proc.C3/3845/2012-38 dated 13.1.2014
including the appended notification of even number and date issued by the
District Collector, with a direction to the 1st and 3rd respondent to issue
appointment and posting orders to the petitioner for the post to which he
was selected i.e. Secondary Grade Teacher forthwith, pending disposal of
WP No. 27119 of 2014 on the file of the High Court.
The petition coming on for hearing, upon perusing the
Petition and the affidavit filed herein and upon hearing the arguments of SRI
J. NAGARAJA RAO Advocate for the Petitioner, GP for Revenue (TG) for
Respondent No.1 and of GP for Social Welfare (TG) for Respondent Nos.2
to 4, the Court made the following.
ORDER:
The cancellation of residence certificate of the petitioner as belonging to agency area by the District Collector under the impugned order is questioned in this writ petition The principle argument raised by the learned counsel for the petitioner is that the said certificate was given to the petitioner as per the guidelines issued by the Revenue Divisional Officer, in proceedings No.B/334/2012, dated 05.04.2012 dealing with the manner in which the agency certificate can be granted to the local tribes. Petitioner's counsel, therefore, submits that the cancellation of the said agency certificate by adopting and applying the provisions of the Andhra Pradesh (Scs, STS, and BCs) Issue of Community, Nativity and Date of Birth Certificate Rules, 1997, is impermissible, as held by the division Bench of this Court in WP No.27351 of 2013, dated 20.092013 as well as further order of the Divisional Bench in Review WPMP No.45648 of 2013, dated 27-12.2013. It is also stated that the SLP preferred against the said order of the Division Bench viz., SLP (C ) No.8206 of 2014, was dismissed on 08.08.2014.
In view of that, rule nisi. Call for records. Notice returnable in four weeks.
The impugned order, prima facie, appears unsustainable. Hence, there shall be interim suspension.
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The collector & District Magistrate, Adilabad District, At Adilabad. 2 The Deputy Director of Tribal Welfare I.T.D.A., Utnoor, Adilabad District.
3 The District Educational officer, Special DSC-2012,Adilabad District, at Adilabad.
4 The Principal Secretary, Tribal Welfare Department, Government of Telangana, Telagana Secretariat Buildings, Hyderabad (1n to 4 by RPAD)
5. Two CC to GP for Revenue (TG) High Court, Hyderabad (OUT)
6. Two CC t to GP for Social Welfare (TG), High Court, Hyderabad (OUT)
7. One CC to SRI J. NAGARAJA RAO Advocate (OPUC)
8. One spare copy.
Tvr HIGH COURT VVAJ ORDER DATED: 12-09-2014 WP NO.27119 OF 2014 AND WPMP NO.33905 OF 2014 INTERIM SUSPENSION DRAFTED: TVR DATED: 15-09-2014 HIGH COURT VVAJ ORDER DATED: 12-09-2014 WP NO.27119 OF 2014 AND WPMP NO.33905 OF 2014 INTERIM SUSPENSION