K.Thrisha vs State Of Telangana
2025 Latest Caselaw 1589 Tel

Telangana High Court

K.Thrisha vs State Of Telangana on 31 January, 2025

Author: Surepalli Nanda

Bench: Surepalli Nanda

         HON'BLE MRS JUSTICE SUREPALLI NANDA


            WRIT PETITION No.2827 OF 2025

ORDER:

Heard Sri. V. Brahmaiah Chowddary, learned

counsel appearing on behalf of the petitioners, learned

Government Pleader for Social Welfare, appearing on

behalf of respondent No.1, Sri Bhanothu Hussain,

learned Standing Counsel for TGSWREIS, appearing on

behalf of respondent No.2, learned Assistant

Government Pleader for Revenue, appearing on behalf

of respondent Nos.3 and 4.

2. The petitioners approached the Court seeking

prayer as under:

"...to issue a wit order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not permitting the petitioner to participate in the selection process of examination for Residential Educational Institutions pursuant to prospectus only on the ground of not producing the caste certificates SC as illegal, arbitrary, violative of principles of natural justice and also violative of Fundamental Rights Guaranteed under Constitution of India and consequently direct

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the respondents to permit the petitioners to participate in the selection process of examination for Residential Educational Institutions pursuant to prospectus such as writing examination and other formalities under the Schedule Caste category and to pass...".

3. It is represented by the learned counsel appearing on

behalf of the petitioners that the subject issue in the present

writ petition is squarely covered by the order of this Court

dated 24.12.2024 passed in W.P.no.35188 of 2023 and the

order dated 31.12.2024 passed in W.P. No.2720 of 2018.

4. The relevant para Nos.6 and 7 of the said

judgment dated 31.12.2024 passed in W.P.No.2720 of

2018 is extracted hereunder:

"6. The orders of this Court dated 24.12.2024 passed in W.P.No.35188 of 2023 and in particular paragraph Nos.4 and 5 are extracted hereunder

"4. The relevant paragraph Nos.7 to 9 of G.O.Ms.No.19, Schedule Castes Development (POA.A2) Department, dated 16.10.2023 are extracted hereunder:

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7. Government after careful examination of the Appeal Petition and the facts stated supra and in excise of the powers conferred under Section 7(2) of Act 16 of 1993 and rules made there under issued in G.O.ms.No.58, SW (J) Department, Dt:12.05.1997, the appeal petition filed by Sri K.Vijay Kumar, S/o K.Krishnaiah and Sri K.Sudhakar, S/o K.Krishnaiah is hereby allowed, and the proceeding of the District Collector No.C/165/2018; Dt:04.07.2019 are hereby set aside.

8. The Collector & District Magistrate, Jogulamba Gadwal is directed to issue instructions to the concerned to issue Madasi Kuruva - SC certificate to the petitioners. Hence, the appeal is disposed.

9. The Collector & District Magistrate, Jogulamba Gadwal shall take further necessary action in the matter, accordingly.

5. The letter vide Lr.No.C2/165/2018, dated 09.11.2023 of the District Collector, Jogulamba, Gadwal District addressed to the Revenue Divisional Officer, Jogulamba, Gadwal District with reference to petitioners in W.P.No.35188 of 2023 is extracted hereunder:

"Sub: Scheduled Castes Development Department - Caste Verification - Appeal petition filed by Sri K.Vijay Kumar, S/o

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K.Krishnaiah & Sri K Sudhakar S/o K Krishnaiah, Jogulamba Gadwal District under Section 7 of Act 16 of 1993, against the Proceedings of Collector & District Magistrate, Jogulamba Dtd: 04.07.2019 - Appeal Allowed - Orders - Issued - Take necessary action - Reg.

Ref: G.O.Ms.No.19, Scheduled Castes Development (POA.A2) Department, Dtd:

16.10.2023.

*** Attention is invited to the reference cited, wherein the Secretary to Government, Scheduled Castes Development (POA.A2) Department has passed the orders vide G.O.Ms.No.19, Dtd: 16.10.2023, allowing the appeal petition filed by Sri K Vijay Kumar S/o K Krishnaiah & Sri K Sudhakar S/o K Krishnaiah, Jogulamba Gadwal before the Government under Section 7 r/w rule 10 of TS (SCs, STs, BCs) Regulation of issue of Community Certificate Act, 1993 under rules.

Further, The Government after careful examination of the Appeal Petition and the facts in excise of the powers conferred under Section 7(2) of Act 16 of 1993 and rules made there under issued in G.O.Ms.No.58, SW(J) Department, Dt: 12.05.2023, the appeal petition filed by Sri K Vijay Kumar S/o K Krishnaiah & Sri K Sudhakar S/o K Krishnaiah, Jogulamba Gadwal has allowed to issue the Madasi Kuruva SC - Certificate.

In this regard, it is hereby directed to take necessary action for issuing Madasi Kuruva - SC Certificate to the petitioners and

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report compliance to this office at an early date."

7. TAKING INTO CONSIDERATION:

(a) The aforesaid facts and circumstances of the case,

(b) The submissions made by learned Senior Designated Counsel appearing on behalf of the petitioners and learned Government Pleader for Social Welfare, appearing on behalf of respondent Nos.1 to 4,

(c) The orders of this Court dated 24.12.2024 passed in W.P.No.35188 of 2023,

(d). G.O.Ms.No.19 Schedule Castes Development (POA.A2) Development, dated 16.10.2023.

(e). Letter vide LR.No.C2/165/2018 dated 09.11.2023 of the District Collector, Jogulamba, Gadwal District addressed to the Revenue Divisional Officer, Jogulamba, Gadwal District with reference to the petitioners in W.P.No.35188 of 2023.

The writ petition is disposed of directing the petitioners to make a fresh application within a period of two (2) weeks from the date of receipt of a copy of this order seeking issuance of Scheduled Caste Certificates certifying them as "Madasi Kuruva" and upon receipt of the said application, the respondents shall consider the same in accordance to law, as per G.O.Ms.No.19, SCD (POA.A2) Department, dated 16.10.2023, and also as per the letter Lr.No.C2/165/2018, dated 09.11.2023 (referred to and extracted above) issued in respect of petitioners in W.P.No.35188 of 2023 under similar circumstances and pass appropriate orders on the petitioners'

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applications within a period of two (2) weeks thereafter and duly communicate the decision to the petitioners. However, there shall be no order as to costs".

5. The learned Assistant Government Pleader for Social

Welfare submits that the writ petition could be disposed of

directing the 4th respondent to examine the applications filed

by the petitioners seeking issuance of Madasi Kuruva/Madari

Kurava caste certificate for their children vide applications

dated 17.01.2025, 19.01.2025, 06.01.2025, 19.01.2025,

19.01.2025 and 26.01.2025 respectively, within a reasonable

period.

6. Taking into consideration:

(a) The submissions made by the learned counsel

appearing on behalf of the petitioners and the learned

counsel appearing on behalf of the respondents,

(b) The judgment dated 24.12.2024 passed in

W.P.No.35188 of 2023.

(c) The contents of petitioners' representation

dated 17.01.2025, 19.01.2025, 06.01.2025,

19.01.2025, 19.01.2025 and 26.01.2025, respectively

of the petitioners herein,

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(d) The judgment dated 31.12.2024 passed in

W.P. No.27202 of 2018,

(e) The fact that the applications filed by the

petitioners seeking issuance of Madasi Kuruva/Madari

Kurava caste certificate for their children vide

applications dated 17.01.2025, 19.01.2025,

06.01.2025, 19..01.2025, 19.01.2025 and 26.01.2025

respectively had been pending for consideration by the

4th respondent as on date.

The writ petition is disposed of directing the 4th

respondent to examine the applications filed by the

petitioners seeking issuance of Madasi Kuruva/Madari

Kurava caste certificate for their children vide

applications dated 17.01.2025, 19.01.2025,

06.01.2025, 19.01.2025, 19.01.2025 and 26.01.2025

respectively, within a period of two (02) weeks from

the date of receipt of a copy of this order. However,

there shall be no order as to costs.

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The miscellaneous applications, if any pending, shall

stand closed.

__________________________ MRS JUSTICE SUREPALLI NANDA Date: 31.01.2025

Note: Issue CC by today b/o Skj