Andhra Pradesh High Court - Amravati
Saikrishna Mukhi Narasimha vs The Union Of India on 3 October, 2024
Author: R Raghunandan Rao
Bench: R Raghunandan Rao
1
RRR,J & HN,J
W.P.No.22329/2024
APHC010438792024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3488]
(Special Original Jurisdiction)
THURSDAY ,THE THIRD DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 22329/2024
Between:
Saikrishna Mukhi Narasimha and Others ...PETITIONER(S)
AND
The Union Of India and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. G V SHIVAJI
Counsel for the Respondent(S):
1. GP FOR HIGHER EDUCATION
2. GP FOR REVENUE
3. GP FOR SOCIAL WELFARE
4.
The Court made the following Judgment:
(Per Hon'ble Sri Justice R. Raghunandan Rao)
Heard Sri G.V. Sivaji, learned Counsel appearing for the petitioners and
Ms. Pranathi, learned Standing Counsel appearing for the respondents.
RRR,J & HN,J
2. The petitioners had applied for admission to PG Medical seats.
As they belong to Scheduled Tribe community "Kondakapu". They had sought
admission in the seats reserved for this category of persons. In support of
their claim, the petitioners sought to submit community certificates, which
were obtained by them in 2011 and 2015 respectively.
3. The respondent authorities refused to accept these certificates as
these certificates were issued manually and did not contain the necessary
Mee Seva code.
4. The petitioners aggrieved by the refusal of the respondents to
accept their community certificates, have approached this Court by way of the
present writ petition.
5. Ms. Pranathi, learned Standing Counsel appearing for the
University/Convener, on instructions submits that the certificates were not
rejected. However, it was pointed out that the online method of admissions
require all community certificates and documents to be uploaded with
necessary Mee Seva identification numbers and that the system would reject
any certificate, which does not contain such details. She would submit that it is
because of this technical problem that the certificates of the petitioners could
not have considered.
6. One of us (RRR,J) had earlier considered the question of whether
new certificates can be taken from time to time and held that the provisions of
the A.P. (SC, ST & BC) Regulation of Issue of Community Certificates Act,
1993 and the Rules 1997, provide for one time issue of community certificates
RRR,J & HN,J
and that such copies of certificates can only be obtained when the original
certificate is lost. It is also held that in the event of any doubt on the said
certificates proceedings can be initiated for cancellation of the certificates, in
accordance with the provisions of the Act and the Rules.
7. In view of the said judgment, which is affirmed by this Bench, it
must be held that insistence of petitioners obtaining fresh copies of the
community certificates issued earlier would not be in accordance with the
provisions of the said Act and the Rules.
8. In view of the difficulties expressed by Ms. Pranathi that the
system does not accept such certificates this writ petition is disposed of with a
direction to the university/convener to permit the petitioners to produce these
certificates physically along with the applications and upon such production,
the university/convener shall verify the said certificates and permit the
petitioners to appear in the counseling process, without insisting for uploading
of fresh copies of the community certificates. There shall be no order as to
costs.
As a sequel, pending miscellaneous applications, if any, shall stand
closed.
R. RAGHUNANDAN RAO,J
HARINATH.N,J
Js.
RRR,J & HN,J
HONOURABLE SRI JUSTICE R. RAGHUNANDAN RAO
And
HONOURABLE SRI JUSTICE HARINATH.N
3rd October, 2024
Js.
