Andhra Pradesh High Court - Amravati
Nandini Dolai vs The State Of Andhra Pradesh on 14 August, 2024
APHC010351892024
IN THE HIGH COURT OF ANDHRA PRADESH LM - 8
AT AMARAVATI [3483]
WRIT PETITION NO: 17948 of 2024
Nandini Dolai ...Petitioner
Vs.
The State Of Andhra Pradesh and Others ...Respondent(s)
**********
G TUHIN KUMAR, Advocate(s) for Petitioner(s)
CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR
SRI JUSTICE RAVI CHEEMALAPATI
DATE : 14th August, 2024.
PC:
The petitioner has applied for admission in the Under-Graduate
MBBS course for the academic year 2024-25. The petitioner accordingly
cleared her NEET (UG) examination and has secured an all India rank of
383016 and category rank of 9518.
2. The petitioner claims to be belonging to Bento Oriya community,
which is classified as Scheduled Tribe and is listed at Serial No.17 in the
Annexure appended to Andhra Pradesh (SC, ST and BC) Regulation of
issuing of Community Certificate Act, 1993.
3. It is stated that one of the pre-requisites for applying and
consideration for admission to the MBBS/BDS courses is that, the
application form must be accompanied by a caste certificate, which has to
be issued by the District Collector, who is stated to be the competent
authority.
2
HCJ & RCJ
WP_17948_2024
The certificate, however, is not being issued on account of the fact
that a One Man Commission has been appointed by the Government on
18.04.2023, vide G.O.Rt.No.122.
4. It is stated that the failure on the part of the petitioner to place on
record the certificate, certifying her as belonging to Bento Oriya Community
is not attributable at all to the petitioner and therefore, on account of the
non-issuance of such a certificate, the petitioner cannot be made to suffer.
It is further stated that in similar circumstances, this Court, in the case of
Sahu Pranathi vs. State of Andhra Pradesh and others1, had directed
the consideration of the candidate based upon the category certificate
issued in favour of the candidate's father.
5. Applying the directions so issued in the aforementioned petition,
learned counsel for the petitioner, Mr. G. Tuhin Kumar, states that although
the petitioner's father is also not possessed of the certificate reflecting that
he belongs to Bento Oriya Community, yet the real paternal uncle of the
petitioner has been issued such a certificate, which is neither been
cancelled nor withdrawn and therefore, the petitioner may be directed to be
considered on the strength of such a certificate issued in favour of the real
paternal uncle i.e., the petitioner's father's real brother.
6. With a view to support and buttress this assertion, learned counsel
for the petitioner has placed reliance upon the judgment of a Division
Bench of this Court, rendered in Government of Andhra Pradesh and
another vs. Pagadala Khali Kanthi and another2 wherein it was held that
the social status which is claimed by a candidate is interlinked with the
status of his/her grandfather, father, siblings of the father and the brother of
such a candidate and therefore, while the social status of all the above
1
W.P.No.20344 of 2023
2
(2010) 2 ALD 333
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HCJ & RCJ
WP_17948_2024
relatives if accepted and continued, the denial of such a status insofar as
the candidate is concerned would not be justified and would thus be
arbitrary.
7. Having considered the matter, we find that a prima facie case is
made out in favour of the petitioner.
8. Issue notice to the respondents, returnable in four weeks.
9. List along with connected matters bearing W.P.No.20344 of 2023
and batch.
10. In the meantime, the respondents are directed to consider the case
of the petitioner in Bento Oriya Tribe category, based upon the certificate
issued in favour of her paternal uncle.
11. We, however, make it clear that the admission if granted in favour of
the petitioner would not create equities in her favour and that
notwithstanding the pendency of the present petition, the respondents
would be at liberty to verify the claim of the petitioner or for that matter, the
paternal uncle of the petitioner to claim benefit under the said Tribe.
DHIRAJ SINGH THAKUR, CJ.
RAVI CHEEMALAPATI, J.
Note:- Issue CC today
B/o.
SSN
