Andhra Pradesh High Court - Amravati
S Prakash vs The State Of Ap on 3 August, 2021
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.
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:--
"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. . . . . . . ."
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
HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.1993 of 2019
Date:03.08.2021
Nsr
