Andhra Pradesh High Court - Amravati
Gopathi Lakshmi Priya vs The State Of Andhra Pradesh on 5 December, 2022
Author: D.Ramesh
Bench: D.Ramesh
THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION NO.38920 of 2022
ORDER:
This Writ Petition under Article 226 of the Constitution of India is filed seeking to declare the action of the respondents in rejecting online applications filed by the petitioners for issuing fresh community certificates to them certifying as "PERIKA (PERIKA BALIJA, PURAGIRI KSHATRIYA) (OBC)" instead of "Perika Balija(BC-B)" relying on the certificates issued previously by the competent authority which were issued prior to the commencement of the Andhra Pradesh Scheduled Castes Scheduled Tribes and Backward Classes Regulation of Issue of Community Certificates Act 1993(Act 16 of 1993) as valid and binding on the competent/Revenue authorities as per Section 21 of the said Act and Rule 21 of the Rules, 1997 as well as entry No.53 of Central List of OBCs for the state of Andhra Pradesh and without assigned any reasons much less 2 particulars for the rejection except single word "Rejected" as illegal and arbitrary.
Heard the learned counsel for the petitioners and the learned Government Pleaders appearing for the respondents.
During hearing, learned counsel for the petitioners submitted that all the petitioners belongs to Perika Balija(BC-B) and they are entitled to get fresh caste certificate certifying as "PERIKA(PERIKA BALIJA, PURAGIRI KSHATRIYA) (OBC)" instead of "Perika Balija(BC-B)" relying on the certificates issued previously by the competent authority in favour of father/grandfather/relatives of the petitioners. All the petitioners submitted their respective applications for issuance of caste certificates in their favour before the concerned authorities. But the authorities have rejected the said applications of the petitioners without assigning any reasons. It is further submitted by the learned counsel submits that when similarly grievance persons approached this Court by way of W.P.No.3550 of 2001, this Court has 3 passed an order directing the respondent authorities to consider the applications of the petitioners therein and hence, requests to extend the same benefit to the petitioners in the present Writ Petition. Aggrieved by the impugned rejection orders, the present Writ Petition is filed.
On perusal of the orders of this Court in W.P.No.3550 of 2021 and also on perusal of the impugned rejection orders clearly discloses that the rejection orders passed by the respondents are contrary to the observations made by this Court in W.P.No.3550 of 2021. Apart from that, no reasons are mentioned in the impugned rejection orders except stating „rejected‟. Hence, the impugned rejection orders are liable to be set aside.
Accordingly, the impugned rejection orders are set aside and the matter is remanded back to the respondent authorities for fresh consideration. The respondent authorities are directed to consider the matter afresh and pass appropriate orders on the applications made by the petitioners as per Section 21 of Andhra Pradesh (Scheduled 4 Castes Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 and the rules made there under within a period of four(4) weeks from the date of receipt of copy of this order.
With the above direction, the Writ Petition is disposed of. No costs.
Miscellaneous petitions pending, if any, in the Writ Petition shall stand closed.
_____________________ JUSTICE D.RAMESH Date : 05.12.2022 tm 5 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.38920 of 2022 Date: 05.12.2022 tm