THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY

ORDER:

This writ petition is filed seeking following relief:

“For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon’ble Court may be pleased to Issue a Writ of Mandamus or any other appropriate Writ or Writs Order or Direction declaring the action of the 4^th Respondent for non-issuance and rejecting the EWS Certificate Application Dated 11/09/2023 filed by the petitioner vide Application No. EWS022200280555, is wholly illegal arbitrary and unreasonable and against principles of natural justice and contrary to the G.O. MS 244, Dated: 24-08- 2021 and set-aside the same and consequently direct the respondents to consider the Application made by the petitioner to issue the EWS Certificate for the year 2022-2023 vide Application No. EWS022200280555, Dated 06/08/2023 and to pass any other order or orders as this Hon’ble Court may deems fit and proper in the circumstances of the case.”

2. It is stated that the petitioner belongs to OC Community Sub-

caste ‘Reddy’ and hails from a poor agricultural family background and he is a farmer by occupation. It is further stated that since the annual income of the petitioner is Rs.1,00,000/- per annum, which falls below the prescribed income limit of Rs.8,00,000/- per annum as per G.O.Ms.No.244 dated 24.08.2021, the petitioner is eligible to avail the benefits of the Economically Weaker Section (EWS) reservation and the petitioner meets the eligibility criteria to benefit from the 10% reservation provided under the EWS category. It is further stated that in order avail the benefits of EWS reservation, the petitioner applied for the Telangana State Public Service Commission (TSPSC) Group III exam notification for the year 2022 under the EWS category vide Hall Ticket No.2293530026 and secured a merit rank of 1065 with 270.908 marks out of 450 and in order to avail the benefits and reservation under the EWS category, the petitioner made an application dated 06.08.2023 to the 4^th respondent for issuance of EWS certificate for the year 2022-2023 (financial year 2021-2022) vide Application No.EWS02220028055. The grievance of the petitioner is that on 11.09.2023, the 4^th respondent rejected the said application without issuing any notice on the ground of not enclosing proper documents.

3. Considered the submissions made by the learned counsel for the parties and with their consent, this writ petition is disposed of at the admission stage.

4. Learned counsel for the petitioner contends that the petitioner hails from a poor agricultural family and his family is eking out their livelihood by solely depending upon the returns on the cultivation of the lands. Learned counsel further contended that the 4^th respondent-Tahsildar, who is the competent authority to assess the annual income of a particular family and the eligibility criteria in terms of the G.O.Ms.No.244 dated 24.08.2021, has rejected the application dated 06.08.2023 submitted by the petitioner on the ground of not enclosing proper documents, without issuing any notice to the petitioner or conducting any enquiry, which is contrary to G.O.Ms.No.244 dated 24.08.2021 and against the principles of natural justice.

5. This Court has carefully examined the impugned order dated

11.09.2023 in MeeSeva Portal vide Transaction ID No.TTEWSO22200280555 rejecting the application dated 06.08.2023 submitted by the petitioner for issuance of EWS certificate for the year 2022-2023 (financial year 2021- 2022) vide Application No.EWS022200280555. Except saying that “not enclosed proper documents hence Rejected”, no valid reasons whatsoever have been assigned to enable the petitioner to take appropriate action. Therefore, the impugned order dated 11.09.2023 passed by the 4^th respondent is bereft of reasons and also not in consonance with the principles of natural justice.

6. Learned Assistant Government Pleader for Revenue appearing for the respondents submitted that if the petitioner makes a f