Andhra Pradesh High Court - Amravati
G.Maneesha vs The State Of Andhra Pradesh on 3 February, 2022
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION)
THURSDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO
:PRESENT: foe,
THE HONOURABLE SRI JUSTICE C. PRAVEEN KUMAR eg Bs
AND
THE HONOURABLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No. 2715 of 2022
Between:
G. Maneesha, D/o G. Lokanadhareddy, Aged 19 Years, Occ :
village and post, Thavanapalle Mandal Chittoor District.
AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary, Social Welfare
Department, Secretariat, Velagapudi, Amaravathi, Guntur District.
2. The District Collector, Chittoor District.
3. The Tahsildar Thavanampalle Mandal, Chittoor District.
4. Dr. NTR University of Health Sciences, Rep by its Registrar, Vijayawada. Krishna
District.
.... Respondents
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be pleased
to issue a writ, order, or direction more in the nature of Writ of Mandamus declaring
the action of the action of the 4° respondent in insisting for a fresh social status
(Community) certificate for admission to the MBBS Course in Medicine even though
the certificate issued on 20.03.2012 and 12.05.2017 by the 3rd respondent under the
provisions of the AP SC ST and BC Regulation of Issue of Community Certificate Act
1993 Rules is in force as illegal arbitrary and contrary to the order in passed in
WP.No.31259/2021 dt.07.01.2022 and WP No 11933/2018 dated 10.04.2018 and
consequently direct the 4" respondent to consider the case of the petitioner for an
admission in to MBBS Course by considering the community certificate issued on
20.03.2012 and on 12.05.2017 by the 3rd respondent without insisting a fresh
community certificate.
1.A.No. 1 of 2022 :-
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of W.P., the High Court may be pleased to direct the
4THrespondent to consider the case of the petitioner for admission in to the MBBS
Course without insisting a fresh community certificate and by considering the existing
community certificate issued on 20.03.2012 and 12.05.2017 by the 3% respondent,
pending disposal of WP 2715 of 2022, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and upon hearing the arguments of Sri Harinath
Reddy Somagutta, Advocate for the Petitioner and of the Govt. Pleader for Social
Welfare for respondent Nos. 1 to 3 and of Sri Gutapalem Vijaya Kumar, Standing
Counsel for respondent No.4, the Court made the following
ORDER :-
Learned Government Pleader for Social Welfare takes notice on behalf of
respondents 1 to 3.
Sri Guttapalem Vijaya Kumar, learned Standing Counsel takes notice for 4"
respondent.
zr
Contd...2....
The present Writ Petition came to be filed challenging the action of 4th
respondent in insisting for fresh social status .certificate for admission into
M.B.B.S. Course. Learned Government Pleader for Social Welfare placed on
record, the instructions received by him from the concerned, which show that
enquiry is going on and report is not submitted so far by the Collector.
Both the counsel submit that the issue on hand is covered by the judgments
passed by the Composite High Court in Writ Petition No.11933 of 2018, dated'
10.04.2018 and in Writ Petition No.20882 of 2018, dated 02.07.2018.
Having regard to the judgments referred to, above, as the earlier caste
certificate issued in favour of the petitioner has not been cancelled, 4th
respondent shall consider the case of the petitioner, if she is otherwise eligible
and qualified, for admission into M.B.B.S. course. It is made clear that in case the
report goes against the petitioner, she shall not claim any equities thereafter and
shall be liable to face all the consequences.
Sd/- SD.MD. RAFI,
ASSISTANT REGISTRAR
for ASSIS i REGISTRAR
//TRUE COPY//
To
1.The Principal Secretary, Social Welfare Department,
State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District.
2.The District Collector, Chittoor District.
3.The Tahsildar Thavanampalle Mandal, Chittoor District.
4.The Registrar, Dr. NTR University of Health Sciences, Vijayawada, Krishna District.
(Addressee Nos. 1 to 4 by RPAD)
5.Two CCs to the G.P. for Social Welfare, High Court of A.P., at Amaravati(OUT)
6.One CC to Sri S. Harinath Reddy, Advocate(OPUC)
7.One CC to Sri Guttapalem Vijaya Kumar, Standing Counsel(OPUC)
8.Two spare copies.
TKK
HIGH COURT
CPK.J & DR.KMR.J
DT.03-02-2022.
ORDER
W.P.No. 2715 of 2022.
DIRECTION
