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2024 Supreme(AP) 1267
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
GANNAMANENI RAMAKRISHNA PRASAD, J.
Samudrala Jithin S/o Rama Rao – Petitioner
Versus
The State of Andhra Pradesh – Respondent
Writ Petition No. 13111 of 2024
Decided On : 16-07-2024
Advocate Appeared:
For the Petitioner: V. Sai Kumar
For the Respondent: Guttapalem Vijaya Kumar
IMPORTANT POINT
The court ruled that genuine lapses by a natural guardian should not disadvantage a minor in securing necessary educational certificates, invoking the doctrine of parents patriae.
Headnote:
(A) General Administration (SPF&MC) Department - G.O.Ms. No. 132 & 133 dated 13.06.2016 - Writ Petition filed for issuance of Local Status Certificate - The petitioner, a minor, represented by his mother, sought to declare the inaction of the Tahasildar in not issuing the digital Local Status Certificate as illegal - The court found that the mother made genuine attempts to procure the certificate but faced technical issues and election duties - The doctrine of parents patriae was invoked to protect the minor's interests. (Paras 11, 12, 16, 19)
(B) Writ Jurisdiction - The court emphasized that lapses of a natural guardian should not disadvantage a minor seeking admission to professional courses, especially when genuine reasons exist for the delay in obtaining necessary certificates. (Paras 15, 18)
ORDER :
1. Heard Sri V. Sai Kumar, learned Counsel for the Writ Petitioner, Sri G. Arjun Chowdary, learned Asst. Government Pleader for Respondent Nos. 1 to 3 and Sri G. Vijay Kumar, learned Standing Counsel for the Health University representing the 4th Respondent.
2. This Writ Petition is filed by Sri Samudrala Jithin (minor) represented by his Natural Guardian-Mother for declaring the action of the Tahasildar, Eluru Mandal and District (Respondent No. 3) in not issuing the digital/online Local Status Certificate on or before 01.06.2024.
3. The prayer sought in the present Writ Petition is as under:
“It is therefore prayed that this Hon’ble Court may be pleased to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in not issuing the online local status certificates to the son of the petitioner namely Samudrala Jithin in Form-III as per G.O.Ms. No. 132 & 133, GA (SPF & MC) Department dated 13.06.2016 and circular Memo No. 4136/SPF & MC/2015-5 dated 18.08.2016 along with bar code as required for admission with the educational institutions more particularly with the YSR University of Health Sciences i.e., the 4th respondent herein as illegal arbitrary and also oppose to all cannons of justice consequentially direct the 3rd respondent to issue online local status certificates to the son of the petitioner namely Samudrala Jithin in Form-III as per G.O.Ms. No 132 & 133 GA (SPF & MC) Department dated 13.06. 2016 and circular Memo No. 4136/SPF & MC/2015-5 dated 18.08.2016 along with bar code by directing the 4th respondent to accept the same and pass such other order or orders may deem fit and proper in the circumstances of the case.”
4. Facts as presented by the learned Counsel for the Writ Petitioner:
Sri V. Sai Kumar, learned Counsel for the Writ Petitioner has submitted that the present Writ Petition is filed by one Sri Samudrala Jithin (minor) represented through his natural guardian-mother Dr. T (S) Sujatha, who is working as a Lecturer in Government College at Eluru.
5. The mother of the Writ Petitioner was transferred from Telangana to Andhra Pradesh vide G.O.Ms. No. 18, Higher Education (CE) Department dated 29.06.2022 (Ex.P.4); that as per the G.O.Ms. No. 132, General Administration (SPF&MC) Department, dated 13.06.2016 (Ex.P.1) a facility was provided to consider the students as local, who migrate from Telangana to Andhra Pradesh or vice versa, if such migration is done within a period of three years from 02-06-2014. This G.O.Ms. No. 132, General Administration (SPF&MC) Department, dated 13.06.2016 (Ex.P.1) stood amended vide G.O.Ms. No. 171 General Administration Department dated 20.11.2017 (Ex.P.6) to the effect that the period to be considered as local was enhanced from three years to five years. This G.O.Ms. No. 132, General Administration (SPF&MC) Department, dated 13.06.2016 (Ex.P.1) is issued by following the order of the President of India dated 09.06.2016; that vide Memo No. 4136/SPF&MC/2015-9 dated 03.09.2016 (Ex.P.3), it is mandatory to produce Local Status Certificate and Caste Certificate by making an Application in accordance with terms and conditions as mentioned in the said Memo.
6. It is further submitted that as per the Writ Petitioner, he was studying at Rajahmundry and had completed the Intermediate Course and he being desirous of pursuing medical course, had participated in the NEET UG-2024 examination conducted by the Union of India and got qualified for seeking admission in MBBS; that in compliance with the G.O.Ms. No. 132, General Administration (SPF&MC) Department, dated 13.06.2016 (Ex.P.1) and the Memo No. 4136/SPF&MC/2015-9 dated 03.09.2016 (Ex.P.3), the mother of the Writ Petitioner had made an Application through online on 20.05.2024 through Grama Sachivalayam for obtaining (i) Caste Certificate (ii) Local Status Certificate; however, the Grama Sachivalayam portal maintained by the Respondent Authorities had accepted th
