Andhra Pradesh High Court - Amravati

The Joint Seat Allocation ... vs Ebhuthi Venkata Sai Krishna, on 17 February, 2021

Bench: Arup Kumar Goswami, C.Praveen Kumar

                                        1



        HIGH COURT OF ANDHRA PRADESH :: AMARAVATI


HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
                                        &
            HON'BLE MR. JUSTICE C. PRAVEEN KUMAR
                            W.A. No. 390 of 2020
                       (Taken up through video conferencing)

The Joint Seat Allocation Authority (JoSAA),
2020, Motilal Nehru (NIT) National Institute
of   Technology,    Allahabad,    Teliyargunj,
Prayagraj, Uttar Pradesh, India, PIN -211004
represented by its Chairman/Director.
                                          ...Appellant/ Respondent
                                                            No.6
                               And

1. Ebhuthi Venkata Sai Krishna, S/o.
Sreenivasulu, Age 17 years, R/o. 14-220, Flat
No. 305, Durga Enclave, 1st Lane North, Tulsi
Nagar, Kanur, Vijayawada Rural, Krishna
District, Petitioner being minor represented
by his natural father Kathala Sreenivasulu,
S/o. K. Pullanna.
                                          Respondent No. 1/ Writ
                                                      Petitioner
2. The State of Andhra Pradesh, Rep. by its
Principal Secretary, Social Welfare (CV-I)
Department,         Secretariat    Buildings,
Velagapudi, Guntur, Guntur District and
others.
                                      ...Respondents/Respondent
                                                     Nos. 2 to 7

Counsel for the Appellant                    : Mr. K.V. Simhadri (1417)

Counsel for Respondent No.1/                 : Mr.G. Venkat Reddy
Writ Petitioner

Counsel for Respondents                      : Mr. T.N.M. Ranga Rao

Date of hearing                              : 02.02.2021 & 03.02.2021

Date of pronouncement                        : 17.02.2021

                                  JUDGMENT

(Per C. Praveen Kumar, J)

1) Aggrieved by the Interim Order, dated 20.10.2020, passed in

I.A. No. 1 of 2020 in W.P. No. 19027 of 2020, wherein, the

Respondent Nos. 2 to 7 were directed to grant admission to the

Writ Petitioner in NIT institutions, for the academic year 2020-21

based on the caste certificate of the father of the Writ Petitioner,

the present Writ Appeal came to be filed by the 6th Respondent

therein under Clause 15 of Letters Patent Act.

2)    The facts, in issue, are as under:


i)    The Writ Petitioner claims to have completed intermediate

course in the month of March, 2020 and, thereafter,

appeared for JEE Mains and qualified for admission in NIIT

institutions under SC category. As Respondent Nos. 2 to 7

were insisting the Petitioner to produce a copy of the caste

certificate, he approached the concerned authorities for

issuance of a caste certificate showing the writ petitioner as

belonging to Budaga Jangam caste, but in vain. Having

regard to the above, the Petitioner placed before the

authorities the certificate issued in favour of the father of the

writ Petitioner, for admission into the said course basing on

the rank obtained. The reluctance on the part of the official

Respondents in issuing the said certificate made the Writ

Petitioner to file the Writ Petition seeking to declare the

action of the Writ Appellant in not considering his

candidature under SC category for admission into NIIT

institution as illegal and arbitrary.

3) By an Order, dated 20.10.2020, the learned Single Judge of

this court in I.A. No. 1 of 2020 in W.P. No. 19027 of 2020, passed

the following Order:-

"Both the learned counsel admitted that in similar circumstances earlier in W.P. No. 1993 of 2019 and I.A. No. 01 of 2020 in W.P. No. 16433 of 2020, this Court passed interim orders. In that view and following the earlier orders, the following order is passed.

The respondents 2 to 7 are directed to grant admission to the petitioner in NIT institutions for the academic year 2020-21 pursuant to the rank obtained by him in JEE Main-2020 under SC- category basing on the caste certificate of his father, subject to the result of the writ petition".

4) Sri. K.V. Simhadri, learned Counsel for the Appellant would

submit that without hearing the Appellant, the order impugned

came to be passed, which is in utter violation of principles of

natural justice. He further pleads that the Order of the learned

Single Judge directing the Appellant/6th Respondent not to insist

on production of caste certificate of the writ petitioner but to

provide admission basing on the caste certificate of the father of

the Writ Petitioner is illegal and incorrect. He took us through

Clause 5(A)(vii) of Business Rules for Joint Seat Allocation for

Academic Programs offered by the IITs, NITs, IIEST, IIITs etc., in

support of his plea.

5) Sri. T.N.M.Ranga Rao, learned Government Pleader for Social

Welfare Department placed on record the judgment of a Division

Bench of this Court in W.P. No. 22208 of 2020 and the provisions

of Andhra Pradesh Reorganization Act, 2014, to show that the Writ

Petitioner is not entitled to the relief claimed.

6) Sri. G. Venkat Reddy, learned Counsel for the Writ

Petitioner, would submit that, in the instant case, the Petitioner

has declared his caste in the affidavit filed in support of the Writ

Petition as belonging to Budga Jangam and has also placed

material on record to show that the revenue officials issued caste

certificate in favour of the father of the Petitioner to that effect,

which can be made the basis to provide admission to the

Petitioner. He further pleads that, having regard to the conditions

prevailing in the country, the Petitioner was not in a position to

obtain the certificate from the concerned within the time

prescribed. He further submits that in Telangana State, the

persons belonging to Beda Jangam caste are being treated as

Scheduled Caste and as such, the same benefit may be extended to

the Writ Petitioner herein.

7) The caste certificate issued by the revenue officials in favour

of the father of the Petitioner, show that he belongs to Budga

Jangam Community. But, it is to be noted here that, in Fifth

Schedule to the Andhra Pradesh Reorganization Act, 2014, Beda

/Budga Jangam Community has been omitted from the list of SC

category. 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 . . . . . . ."

8) Relying upon the said entry, a Division Bench of this Court

vide its Order, dated 21.01.2021, in W.P. No. 22208 of 2020,

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.