Aadhar Society vs The State Of Telangana
2022 Latest Caselaw 863 Tel

 THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                             AND
       THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                      WRIT PETITION No.9854 of 2022

ORDER: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)

         The petitioners before this Court have filed this writ

petition       being       aggrieved         by      the     impugned           notification

(PROSPECTUS OF TTW RJC-CET-2022) issued by the respondent

No.2/Telangana Tribal Welfare Residential Educational

Institutions Society (for short "the Society"), Gurukulam,

Hyderabad. The petitioners' grievance is that the Society, while

issuing the aforesaid notification, has reserved vacancies for

Scheduled Tribe, OC/EBC, BC and other categories. However,

in respect of STs, there is a further bifurcation reserving seats

exclusively for various Scheduled Tribes, like Pardhan,

Yerukula, Lambadi etc.

Learned counsel for the petitioners has argued before this

Court that the action of the respondents is contrary to the

constitutional provisions as contained under Article 342 of the

Constitution of India and there cannot be any class within a

class of Scheduled Tribes as has been done by the State

Government. He has straight away drawn the attention of this

Court towards the judgment dated 21.09.2006 delivered by a

Co-ordinate Bench of the High Court of Judicature, Andhra

Pradesh at Hyderabad, in W.P.Nos.9994 and 9996 of 2006.

This Court has carefully gone through the aforesaid

judgment and in similar circumstances, a similar notification

reserving seats for various categories of different Scheduled

Tribes was struck down.

Sri B.S. Prasad, learned Advocate General, was fair

enough in stating before this Court that so far as the impugned

notification is concerned, the reservation to the extent seats

have been reserved for Scheduled Tribes under Column (a) does

not warrant any interference, but so far as Column (b) is

concerned, there cannot be categorisation in respect of Tribals.

Column (b) of the impugned notification is reproduced as

under:-

Sanctioned   Andh   Gond/   Kolam   Koya   Pardhan   Yerukala   Lambadi   Other    Total
   seats            Nayak                                                 ST
                    pod                                                   sub
                                                                          Castes

   50         0       1       0      4         0        1         43        1      50

   45         0       1       0      4         0        1         38        1      45

   40         0       1       0      4         0        1         33        1      40

In the light of the aforesaid judgment delivered by the Co-

ordinate Bench and also keeping in view the statement made by

the learned Advocate General, Column (b) of the aforesaid

notification is set aside and all Schedule Tribe candidates shall

be free to apply to the seats reserved for Scheduled Tribes

irrespective of their sub-caste.

With the aforesaid, the writ petition stands allowed.

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

________________________ SATISH CHANDRA SHARMA, CJ

_______________________ ABHINAND KUMAR SHAVILI, J

23.02.2022 JSU