Andhra Pradesh High Court - Amravati
The State Of Andhra Pradesh, vs Putteti Santhan, on 6 January, 2021
Bench: Arup Kumar Goswami, C.Praveen Kumar
HIGH COURT OF ANDHRA PRADESH : AMARAVATI
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE C. PRAVEEN KUMAR
WRIT APPEAL No.5 of 2021
(Taken up through video conferencing)
1. The State of Andhra Pradesh,
Rep., by its Principal Secretary
Social Welfare Department, Secretariat,
Velagapudi, Amaravathi,
Guntur District and (3) others.
.. Appellants.
Versus
Putteti Santhan, S/o P. Syam Prasad,
Aged about 17 years, Occ: Student,
R/o D.No.2/9/150, Koneti Kayyalu,
Kovvuru, Nellore, being minor rep.,
by his father natural guardian P. Syam Prasad.
..Respondent.
Counsel for the Appellants : Mr. T.N.M. Ranga Rao, GP for Social Welfare
Counsel for respondent : Mr. T.D. Phani Kumar representing
Mr. Harinath Reddy Soma
ORAL JUDGMENT
Dt: 06.01.2021
per Arup Kumar Goswami, CJ
1. Heard Mr. T.N.M. Ranga Rao, learned Government Pleader for the
appellants and also Mr. T.D. Phani Kumar, learned Counsel representing
Mr. Harinath Reddy Soma, learned Counsel for the respondent/writ
petitioner.
HCJ & CPK,J
W.A.No.5/2021
2. This intra-court appeal is directed against the order dated
24.11.2020 passed by learned single Judge in I.A.No.1 of 2020 in
W.P.No.19492 of 2020.
3. By the aforesaid order, appellants No.3 and 4/ respondents No.3 and
4 in the writ petition were directed to issue the provisional SC (Samban)
caste certificate to the writ petitioner in terms of Rule 19 of the Andhra
Pradesh Scheduled Castes, Scheduled Tribes and Backward Classes -Issue
of Community, Nativity and Date of Birth Certificates Rules, 1997 to enable
the writ petitioner to get admission into the Indian Institute of Technology,
Madras, pending disposal of the main writ petition. It was also observed
that issuance of the said provisional certificate will be subject to result of
the writ petition.
4. Mr. T.D. Phani Kumar, learned counsel for the writ petitioner,
submits that the writ petitioner secured 967th rank in all India level in SC
category and after counselling, he was allotted a seat in Indian Institute of
Technology, Madras in SC category, and he was required to produce his
caste certificate on or before 20.10.2020. It is not in dispute that the
father of the writ petitioner possessed caste certificate in SC category
(samban). The grievance expressed by the writ petitioner was that despite
approach being made by the writ petitioner, requisite certificate was not
issued by respondent No.4 in the writ petition.
5. Mr. T.N.M. Ranga Rao, learned Government Pleader appearing for
the appellants, has submitted that it was urged before learned single Judge
that a One-Man Commission was appointed by the Government to conduct
enquiry about the issuance of SC (Samban) caste certificate and the report
HCJ & CPK,J
W.A.No.5/2021
of the commission is still awaited. He has also submitted that there were
many instances earlier where caste certificates were cancelled, as they
were not found to be belonging to the specific caste in reality.
6. The learned single Judge took note of Rule 19 of the Andhra Pradesh
Scheduled Castes, Scheduled Tribes and Backward Classes -Issue of
Community, Nativity and Date of Birth Certificates Rules, 1997 and
accordingly, passed order, which is assailed in this writ appeal.
7. We are of the considered opinion that the learned single Judge has
balanced the competing equities in the facts and circumstances of the case.
We are also of the opinion that in view of the fact that the father of the writ
petitioner is possessed of SC (Samban) caste certificate, no interference is
called for in this writ appeal.
8. Accordingly, finding no merit, the Writ Appeal is dismissed. No
costs. As a sequel, all the pending miscellaneous applications shall stand
closed.
ARUP KUMAR GOSWAMI, CJ C. PRAVEEN KUMAR, J
Nn
HCJ & CPK,J
W.A.No.5/2021
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE C. PRAVEEN KUMAR
WRIT APPEAL No.5 of 2021
(per Arup Kumar Goswami, CJ)
Dt: 06.01.2021
Nn
