The Joint Seat Allocation ... vs Yadavalli Sai Ramani,
2021 Latest Caselaw 934 AP

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      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. 389 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.5
                                  And

1. Yadavalli Sai Ramani, aged 17
years, Minor, represented by her
father and natural guardian Y.
Subrahmanyam, S/o. Y. Bala
Sankaraiah, Aged 40 years, R/w.
Ward No. 8, H. No. 46/201-A,
Kurnool Urban, Kurnool District.
                                                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 4, 6 to 8

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

Counsel for Respondent No.1/            : Mr. R. Ramanjaneyulu
Writ Petitioner

Counsel for Respondent No.3             : Mr. G.L. Nagewara Rao

Counsel for Respondents/                : Mr. T.N.M. Ranga Rao
Respondent Nos. 2, 4 and 5

Date of hearing                         : 02.02.2021 & 03.02.2021

Date of pronouncement                   : 17.02.2021
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                            JUDGMENT

(Per C. Praveen Kumar, J)

1) Aggrieved by the Interim Order, dated 05.11.2020, passed in

I.A. No. 1 of 2020 in W.P. No. 20219 of 2020, the present appeal is

filed by the 5th Respondent therein under Clause 15 of Letters

Patent Act.

2) The averments in the affidavit filed in support of the writ

petition are to the effect that the Writ Petitioner appeared for JEE

(Joint Entrance Examination) 2020 conducted by National Texting

Agency and secured 3005 rank in SC category. She is said to have

attended the first round of counseling and was allotted a seat in

Electronics and Communications Engineering in Moulana Azad

(Institute of Technology), Bhopal. But, however, her seat was

cancelled as she could not produce the caste certificate in time. It

is averred that the allocation authority informed her that she

would be eligible for B.E./B.Tech. seat in further rounds of seat

allotments and that she will be considered under SC category if

community certificate is produced.

3) Pursuant thereto, the Petitioner is said to have applied for

community certificate before Tahsildar, Kurnool, but due to Covid

pandemic, she could not obtain the same. However, the Writ

Petitioner claims to have submitted the caste certificates of her

grand father and mother, issued by revenue authorities, but

without considering the same, the authorities refused to provide

her seat.

4) Relying upon the orders passed earlier, the learned Counsel

for the Writ Petitioner sought a direction to the Respondents to

provide admission to the Writ Petitioner in B.E./ B.Tech., in any

branch of her preference, as per her rank, preferably in the

institutions run by Respondent Nos. 7 or 8, without insisting on

the community certificate.

5) By an Order, dated 05.11.2020, the learned Single Judge of

this court in I.A. No. 1 of 2020 in W.P. No. 20219 of 2020, passed

the following Order:-

"It is brought to the notice of this Court that, in similar circumstances, the composite High Court granted interim order in W.P.M.P. No. 44735 of 2017 in W.P. No. 36009 of 2017 on 07.11.2017. A copy of the same is placed on record along with the Writ Petition as material paper.

Following the said order and for the reasons recorded therein, there shall be interim direction as prayed for, without insisting for community certificate, subject to proof of Caste certificates of the mother and grandfather of the petitioner herein. However, this arrangement shall be subject to further orders in the Writ Petition".

6) 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 violation of principles of natural

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

Judge directing the Appellant/5th Respondent not to insist on

community certificate of the writ petitioner but to provide

admission basing on the caste certificate of her mother and

grandfather 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.

7) 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 for the relief claimed.

8) On the other hand, Sri. R.Ramanjaneyulu, learned Counsel

for Writ Petitioner would submit that in view of the earlier orders

passed by this court, the certificates issued in favour of the

grandfather and mother and G.O.Ms. No. 104, dated 05.09.2019,

wherein, One Man Commission headed by a senior officer

belonging to Indian Administrative Service has been appointed to

examine the inclusion of Beda/Budga Jangam Community people

under Scheduled Castes category, the Order under challenge

requires no interference.

9) A perusal of the material placed before the court would show

that, nowhere in the affidavit filed in support of the writ petition,

the Writ Petitioner has averred that she belongs to 'Beda /Budga

Jangam Community'. The fact that such an averment is not made

in the entire writ affidavit is not in dispute. But, however, the

Counsel pleads that, in view of the certificates issued by the

revenue officials in favour of her paternal grandfather and mother,

wherein, it was mentioned that they belong to Beda / Budga

Jangam Community, the Writ Petitioner also has to be treated as

one belonging to the said community.

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, 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.

Accordingly, the Writ Petition is disposed of. No order as to costs."

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.

16) As a sequel, all the pending miscellaneous applications are

closed.

ARUP KUMAR GOSWAMI, CJ C. PRAVEEN KUMAR, J

Dt. 17.02.2021 SM...

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. 389 of 2020 (Per C. Praveen Kumar, J)

Dt. 18.02.2021

SM.