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IN THE HIGH COURT OF ANDHRA PRADESH
M.SATYANARAYANA MURTHY, J.
Siruvati Sai Kiran – Appellant
Versus
The State of Andhra Pradesh – Respondent
Writ Petition No.9464 of 2019
Decided On : 15-04-2021
Constitution of India - Articles 14,16, 19 and 21 - Admission - To finalise the admission of petitioners forthwith basing on community certificates held by their fathers and admit into respondent school and admission of petitioner is subject to further orders in this behalf - Petitioner contends that same principle is applicable to the case of this petitioner and thereby, he is entitled to claim the relief sought in writ petition direction not to insist this petitioner to produce community certificate and to admit him based on the community certificates of his father, grandfather and paternal aunt and prayed to issue a direction as stated above –
Finding of the Court:
Rule 19 of Rules is incorporated only to enable person to get admission in educational institution or to get appointment in government service based on their declaration without insisting a certificate for a period of three months - It is for the benefit of genuine members of Scheduled Caste/Scheduled Tribe or Backward Classes that they shall not be deprived of their benefits of reservation during pendency of enquiry for issue of caste certificate by competent authority under Rules - If, for any reason, a blanket order is passed by Courts exercising power under Article 226 of Constitution of India, there is a possibility of abuse of process of law to get admission and appointments based on the caste certificates of their father or grandfather for simple reason that by time of issue of caste certificate, parents caste may be in schedule - But due to subsequent amendments there is a possibility of deleting such caste from the Schedule. In such case, certainly it would amount to conferring undue benefit on person who does not belong to scheduled caste scheduled tribe or backward classes as on date of alleged admission into educational institutions or public services - This Court cannot issue any direction based on claim of this petitioner contrary to Rule 19 of Rules to direct respondents not to insist production of caste certificate of student and consequential direction – Therefore court find no merit in writ petition and same deserves to be dismissed –
Result: Petition dismissed
ORDER :
1. This writ petition is filed under Article 226 of the Constitution of India, declaring the action of the respondents in insisting to produce the community certificate of the petitioner, without considering the community certificates of his father, grandfather as illegal, improper, arbitrary and violative of Articles 14,16, 19 and 21 of the Constitution of India and consequently direct the respondents to admit the petitioner in the third respondent/educational institution without insisting for community certificate.
2. The facts of the case in nutshell are as follows:
3. The petitioner has pursued his school studies from I to V class at Jeevana Jyothi English Medium High School, Nandikotkur, Kurnool District and thereafter, studied at Krishnaveni English Medium High School, Nandikotkur, Kurnool District from VI to X Classes. The petitioner passed S.S.C with A+ Grade with GPA of 9.8 with Hall Ticket No.1920116660. For continuing his further studies, the petitioner applied for admission into six years integrated B.Tech programme-2019 in Rajiv Gandhi University of Knowledge Technologies, Kadapa (for short “RGUKT”) with application No.RAPUG19122888 under Scheduled Caste Category.
4. The petitioner contends that he belongs to Schedule Caste (Beda Budaga Jangam Caste). The petitioner filed Community Certificates issued in favour of his father, grandfather and paternal aunt by the competent authority in his support to establish that he belongs to Beda Budaga Jangam Community which is recognized as Scheduled Caste. It is submitted that, though the petitioner applied for community certificate through “Mee Seva”, the same was not issued as it is pending before the Tahsidlar concerned.
5. While the matter stood thus, the staff of the third respondent informed the petitioner on 05.07.2019 that he was selected. It is alleged that the staff of the third respondent informed the petitioner to be present with certificates along with community certificate or alternatively Court order.
6. The petitioner contends that, in similar circumstances, when Jawahar Navodaya Vidyalaya Authorities requested for producing of community certificates, the candidates produced certificates their parents instead of them. On that, all the petitioners who are minors filed W.P.No.36009 of 2017, wherein the learned single Judge of High Court of Judicature at Hyderabad for the State of Telangana and State of Hyderabad in WPMP No.44735 of 2017 in W.P.No.36009 of 2017 dated 07.11.2017 passed the following order:
ii. Hence, there shall be interim direction to respondents 2 and 3 to finalise the admission of petitioners forthwith, basing on the community certificates held by their fathers and admit into 6th class in 3rd respondent school and the admission of petitioner is subject to further orders in this behalf.
7. The petitioner contends that the same principle is applicable to the case of this petitioner and thereby, he is entitled to claim the relief sought in the writ petition i.e. a direction not to insist this petitioner to produce community certificate and to admit him based on the community certificates of his father, grandfather and paternal aunt and prayed to issue a direction as stated above.
8. The respondents did not file any counter affidavit.
9. During hearing, Sri R. Ramanjaneyulu, learned counsel for the petitioner contended that, when a com
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