Andhra Pradesh High Court - Amravati
V. Sampath Ano. vs Prl. Secy., S.W. Dept. 4 Ors. on 16 August, 2021
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.20454 of 2017
Order:
This Writ Petition is filed to direct the respondents 3 to 5 to give
admission to the first petitioner on the basis of community/caste certificate issued in favour of his parents by treating the caste/community of the petitioner as "Beda Jangam (Scheduled Caste) as per the rank obtained by him in the entrance test.
The case of the petitioners, in brief, is that they belong to 'Beda Jangam' caste, which is recognized as a Scheduled Caste category and caste certificates dated 18.12.1999 to that effect were also issued to the second petitioner and to his wife declaring their caste as Beda Jangam; As the parents of the first petitioner belong to Beda Jangam (Scheduled Caste community), first petitioner shall also be treated as same community; first petitioner studied up to Intermediate as Scheduled Caste candidate and the transfer certificate issued by ASCENT Junior College, Visakhapatnam also discloses the same; first petitioner appeared for entrance examination for admission into IIT/NIT and he secured 10377 rank; when the authorities are insisting for caste certificate in the name of the first petitioner, he tried to apply in Meeseva, but Meeseva is not accepting the application as in the website Beda Jangam caste is not provided, hence he made a representation dated 07.06.2017 to the Mandal Revenue Officer, Visakhapatnam Urban for issuance of caste certificate as SC Beda Jangam, but so far the certificate is not issued. Hence, the Writ Petition.
This Court, on 23.06.2017, while admitting the Writ Petition, passed an interim order directing the respondents 3 to 5 to give 2 admission to the first petitioner as per his ranking in the entrance by treating his caste as Beda Jangam (SC).
Today, when the matter is taken up for hearing, it is submitted by the learned Government Pleader for Social Welfare that the issue with regard to issuance of caste certificate as 'Beda/Budaga Jangam' is squarely covered by the judgment passed in Writ Appeal No.389 of 2020, dated 17.02.2021, wherein the Division Bench of this Court observed as follows.
"10) But, it is to be noted that, in Fifth Schedule of the Andhra Pradesh Reorganization Act, 2014, Beda /Budga Jangam Community has been omitted from the list of SC communities. It would be appropriate to extract the same, which is as under:-
"THE FIFTH SCHEDULE (See section 28) In the Constitution (Scheduled Castes) Order, 1950,-- (1) in paragraph 2, for the figures "XXIV", the figures "XXV" shall be substituted; (2) in the Schedule,--
(a) in PART I relating to Andhra Pradesh, item number 9, shall be omitted;
(b) after Part XXIV, the following Part shall be inserted, namely:--
"PART XXV.-- Telangana
1.......
2.......
3.......
4.......
5.......
6.......
7.......
8.......
9 . Beda (Budga) Jangam 3 10 . . . . . . .
11 . . . . . . .
12 . . . . . . ."
11) Relying upon the said entry, a Division Bench of this Court vide its Order in WP No.22208 of 2020, dated 21.01.2021, rejected the request of the Petitioner therein holding as under:
"Presidential Order omitting 'Bedajangam' community from Scheduled Caste category is placed on record. In view of the said fact, no relief may be extended to the petitioner in the writ petition."
12) Further, on perusal of G.O.Ms. No. 104, dated 05.09.2019, issued by Social Welfare (CV.1) Department would show that the Government after examining the matter in detail, decided to appoint a One Man Commission headed by a senior officer belonging to Indian Administrative Service to examine the following issues:-
"I. Inclusion of Beda / Budga Jangam Community people under Scheduled Castes category. II. . . . . . . .
III. . . . . . . .
IV. . . . . . . .
V. . . . . . . ."
13) It is also brought to the notice of the court that till date the One Man Commission has not submitted any report to the Government. From the above, it is clear that as on day, the said Beda /Budga Jangam Community is not yet included under Scheduled Castes category in the State of Andhra Pradesh.
14) Therefore, viewed from any angle, we are of the view that the order directing the authorities to consider the case of the Petitioner under Beda/Budga Jangam Community, more particularly, to the 5th Respondent to 4 provide admission to the Petitioner under the said category warrants interference.
15) Accordingly, the Writ Appeal is allowed and the Interim Order, dated 05.11.2020, passed in I.A. No. 1 of 2020 in W.P. No.20219 of 2020 is set-aside. No costs." As the facts in the present case are exactly similar to the facts of the said Writ Appeal, following the said order and for the reasons recorded therein, the present Writ Petition is dismissed. There shall be no order as to costs.
As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
_________________________ KONGARA VIJAYA LAKSHMI, J Date:16.08.2021 Nsr 5 HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI Writ Petition No.20454 of 2017 Date:16.08.2021 Nsr