Gouthamcharan Pradhan vs The State Of Andhra Pradesh,
2022 Latest Caselaw 859 AP

          THE HON'BLE SRI JUSTICE A.V.SESHA SAI
                           AND
        THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

                 WRIT PETITION No.3344 OF 2022

ORDER: (Per Hon'ble Sri Justice A.V.Sesha Sai)

      Heard Sri B.Sudhakar Reddy, learned counsel for the

petitioner, Sri T.N.M.Ranga Rao, learned Government Pleader for

Social Welfare for respondent Nos.1 and 5, Sri N.Vijay Kumar,

learned Standing Counsel for respondent No.2, Sri Jupidi Venkata

Kumar Yagnaduth, learned Standing counsel for respondent No.3,

and the learned Government Pleader for Revenue for respondent

Nos.4 and 6, apart from perusing the material available on record.

2. Alleged inaction on the part of the Revenue Divisional

Officer, Palakonda, Srikakulam District-respondent No.6 herein in

disposing of the application submitted by the petitioner on

01.09.2021 for issuance of caste certificate under the provisions of

the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and

Backward Classes) Regulation of Issue of Community Certificates

Act, 1993, is the grievance of the petitioner in the present Writ

Petition. According to the petitioner, who is a minor, represented

by her father and deponent of the writ affidavit, she appeared for

NEET examination with Roll No.1206016175, held in the month of

October, 2021 and secured rank of 3,57,368. On 01.09.2021, the

petitioner herein made an application to respondent No.6-Revenue

Divisional Officer, requesting to issue caste certificate. On

28.01.2021, respondent No.2-N.T.R.University of Health Sciences

issued a notification, inviting applications for admission into U.G.

M.B.B.S. course for the academic year 2021-22. According to the

schedule given thereunder, the applications were required to be

uploaded online from 29.01.2022 to 04.02.2022. One of the

columns in the said application requires uploading of caste

certificate of the candidate also. The petitioner herein applied both

for AIIMS and N.T.R.University for Health Sciences. According to

the deponent, father of the petitioner herein, he uploaded his caste

certificate. With an apprehension that since the revenue

authorities did not issue the caste certificate, as requested vide

application dated 01.09.2021, respondent No.2-University may not

consider the case of the petitioner herein for admission into the

U.G. M.B.B.S. course, the present Writ Petition has been filed. It is

stated in the writ affidavit that the petitioner herein also applied for

AIIMS institution on 24.01.2022 and though the counselling was

initially scheduled on 29.01.2022, the same now stands postponed

and no schedule is given yet. According to the learned counsel for

the petitioner, in view of the action on the part of the respondent-

revenue authorities in not taking any action on the application

submitted by the petitioner on 01.09.2021, there is serious threat

of losing the seat in the U.G. M.B.B.S. course, as respondent Nos.2

and 3 are likely to hold counselling at any moment.

3. There is absolutely no dispute with regard to the

submission of application by the petitioner for issuance of caste

certificate to the Revenue Divisional Officer-respondent No.6 herein

on 01.09.2021. Rule 5 of the Andhra Pradesh Scheduled Castes,

Scheduled Tribes and Backward Classes - Issue of Issue of

Community, Nativity and Date of Birth Certificates Rules, 1997,

deals with the procedure for verification on receipt of applications.

Clause (h) of Rule 5 of the said Rules mandates the competent

authority to confirm or reject the claim for the Community, Nativity

and Date of Birth Certificate, after conducting enquiry as per the

preceding clauses within a period of 60 (sixty) days, as stipulated in

the notification issued by the State Government, vide G.O.Ms.No.5,

Social Welfare Department dated 05.03.2012. In the instant case,

though the petitioner herein submitted an application on

01.09.2021, the competent authority did not take any action. Rule

19 of the aforesaid Rules deals with the Provisional admission/

appointment and according to which, if the last date for admission

to an educational institution/appointment to an office/post is

getting expired and there is delay in finalization, the enquiry and

issuing of Community, Nativity and Date of Birth Certificate by the

competent authority, the competent authority may inform the

Principal of the Educational Institution/appointing authority/

employer or such other authority competent in this behalf to

admit/appoint the candidate, on the basis of the declaration given

by the candidate/parent/guardian before the Competent Authority,

and such admission or appointment shall only be provisional and

valid for three months from the date of the communication by the

Competent Authority. Therefore, in the cases of the present nature,

the said Rule can be invoked. It is also the submission of the

learned counsel for the petitioner that the petitioner's father,

deponent in the present writ affidavit, when he applied for M.B.B.S.

course in 1990, he faced the same problem and ultimately

succeeded in his effort and the respondent-authorities issued a

caste certificate, vide proceedings Rc.No.1253/00/E dated

30.11.2000. A copy of the same is placed on record. It is also

submitted by the learned counsel for the petitioner that when the

caste certificate of the paternal uncle of the petitioner was cancelled

by the authorities, he approached this Court and this Court had set

aside the said order of the cancellation. Learned counsel for the

petitioner has placed on record a judgment of the Hon'ble Apex

Court in the case of State of Bihar and others v. Sumit Anand1,

wherein the Hon'ble Apex Court confirmed the judgment of a

Division Bench of the Patna High Court.

4. Learned Government Pleader, on the other hand,

submits that the petitioner herein does not belong to Bentho-Oriya

community and, in fact, belongs to Vaddera community, which falls

under B.C.Category. However, admittedly, enquiry before the

Revenue Divisional Officer, Palakonda, is pending under the

provisions of the aforesaid Act and the Rules. In the meanwhile, if

any counselling takes place for the seats under the jurisdiction of

respondent Nos.2 and 3, the petitioner herein will not be in a

position to have his name considered.

(2005) 12 Supreme Court Cases 248

5. Therefore, taking into consideration the submissions of

the learned counsel for the petitioner, learned Government Pleader

for Social Welfare and Sri N.Vijay Kumar, learned Standing Counsel

for N.T.R.University for Health Sciences and Sri Jupidi Venkata

Kumar Yagnaduth, learned Standing Counsel for AIIMS and

keeping in view the equities and taking into consideration the caste

certificate of the father of the petitioner, this Writ Petition is

disposed of, directing the Revenue Divisional Officer, Palakonda,

Srikakulam District, to complete the statutory enquiry under the

provisions of the Andhra Pradesh (Scheduled Castes, Scheduled

Tribes and Backward Classes) Regulation of Issue of Community

Certificates Act, 1993, and the Andhra Pradesh Scheduled Castes,

Scheduled Tribes and Backward Classes - Issue of Issue of

Community, Nativity and Date of Birth Certificates Rules, 1997,

and pass appropriate orders in accordance with law within a period

of one month from the date of receipt of a copy of this order. It is

also made clear that in the event of holding any counselling in the

meanwhile by respondent Nos.2 and 3 for admission into U.G.

M.B.B.S. course within their jurisdiction, the candidature of the

petitioner herein shall also be considered on the basis of the

material made available by the petitioner, including the certificate

of the father of the petitioner, on provisional basis for admission

into U.G. M.B.B.S. course. It is also made clear that such

allotment shall be subject to outcome of the enquiry to be

concluded by the Revenue Divisional Officer under the provisions of

the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and

Backward Classes) Regulation of Issue of Community Certificates

Act, 1993. It is also made clear that the petitioner herein shall not

claim any equities in that regard. It is also made clear that the

petitioner herein shall cooperate with the enquiry to be undertaken

by the Revenue Divisional Officer.

6. Accordingly, this Writ Petition is disposed of. There

shall be no order as to costs of the Writ Petition.

As a sequel, interlocutory applications pending, if any, in this

Writ Petition shall stand closed.

___________________ A.V.SESHA SAI, J

___________________________ RAVI CHEEMALAPATI, J

Date: 16.02.2022

Note: Issue cc in two days B/O siva

THE HON'BLE SRI JUSTICE A.V.SESHA SAI AND THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION No.3344 OF 2022

Date: 16.02.2022

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