Andhra Pradesh High Court - Amravati
Sirigiri Surya Prakash vs The State Of Andhra Pradesh, on 22 February, 2021
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.20048 of 2020
Order:
This Writ Petition is filed to declare the action of the respondents
4 to 7 in not granting admission into B.Tech course for the academic year 2020-21 to the petitioner under Scheduled Caste (Budaga Jangam) category based on the caste certificate held by his father, as illegal and arbitrary.
The case of the petitioner is that he belongs to Budaga Jangam caste which is Scheduled Caste category and appeared for AP EAMCET- 2020 examination and secured a rank, but the respondents are not granting him admission into B.Tech course under Scheduled Caste category basing on his rank in AP EAMCET-2020 examination; Budaga Jangam caste is recognized as a Scheduled Caste vide Constitution (Scheduled Caste) Order, 1950; originally, the said caste was notified as Scheduled Caste only in certain areas in the State of Andhra Pradesh; thereafter the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 was issued removing the restriction and all the persons belonging to that caste and residing in the entire state of erstwhile Andhra Pradesh were included in the Scheduled Caste and the competent authority after conducting a detailed enquiry issued caste certificates to the petitioner's father and grand-father certifying that they belong to Scheduled Caste (Budaga Jangam) vide Caste Certificate dated 27.09.2005; the amendment issued in 2008 would not automatically cancel the certificates that have been issued in favour of the petitioner's father and grand-father; the Government appointed Sri J.C. Sharma, IAS (Retd.) as Head of the Commission to study and make recommendations 2 KVL, J WP No.20048 of 2020 to the Government about the existence of Budaga Jangams in Rayalaseema and Andhra Regions and the same is under process; as the petitioner is not being treated as a Scheduled Caste category candidate basing on the certificates issued to his father and grand-father, the present Writ Petition is filed.
Counter affidavit is filed by the fourth respondent stating, inter alia, that according to the orders which were in force prior to issuance of G.O.Ms.No.144, Social Welfare (CV.1) Department, dated 17.07.2008, the petitioner's father and grandfather procured caste certificates as belonging to Budaga Jangam community and basing on the representations received from Budaga Jangam caste organizations, the Government of Andhra Pradesh issued orders vide G.O.Ms.No.144, Social Welfare (CV.1) Department, dated 17.07.2008 amending the Andhra Pradesh (SCs, STs and Backward Classes) issue of Community, Nativity and Date of Birth Certificate Rules, 1997 by superseding G.O.Ms.No.84, Social Welfare Department, dated 06.05.2008; according to the said amendment, the Tahsildars were authorized to give the caste certificate only to the persons who are within the territorial jurisdiction of Hyderabad, Ranga Reddy, Mahabubnagar, Adilabad, Nizamabad, Medak, Karimnagar, Warangal, Khammam and Nalgonda; pursuant to that amendment, the competent authorities in Rayalaseema and Andhra Regions have stopped issuing community certificates and the Government appointed a commission to study the existence of Budaga Jangams in the State of Andhra Pradesh and the one man commission has submitted its report.
This Court, while ordering notice before admission on 24.10.2020, passed an interim order directing the respondents 4 to 7 to admit the 3 KVL, J WP No.20048 of 2020 petitioner into B.Tech course for the academic year 2020-21 as per his merit under S.C (Budaga Jangam) category basing on the Caste Certificate held by his father.
Today, when the matter is taken up for hearing, learned Government Pleader has passed on a copy of letter dated 13.02.2019 addressed to the Secretary to Government of India, Ministry of Social Justice and Empowerment. As seen from the said letter, Beda/Budaga Jangam caste was not included in the list of Scheduled Caste of erstwhile Madras State notified in the Constitution (Scheduled Caste) Order, 1950. However, it was included in the list of Scheduled Caste of erstwhile Hyderabad State. In the Scheduled Caste and Scheduled Tribe List (Modification) Order, 1956, Beda (Budaga) Jangam caste was notified in the list of Scheduled Caste pertaining to the State of Andhra Pradesh, but the same was restricted to only ten districts of Telangana Region and the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1976, has removed the area restrictions imposed enabling the issuance of certificate in all the regions/districts of State of Andhra Pradesh. Subsequently, it was observed that the removal of area restrictions in respect of said community has resulted in misuse by persons belonging to Jangam community, who actually belong to Backward Classes and hence again the Government of India was requested to impose the area restriction on the said community by limiting the same to only ten districts of Telangana region as was the position earlier. The Government of India notified the Constitution (Scheduled Caste) Order (2nd Amendment) Act, 2002, reimposing the area restriction and the same was restricted to only ten districts of Telangana Region of the erstwhile State of Andhra Pradesh and accordingly the erstwhile 4 KVL, J WP No.20048 of 2020 Government of Andhra Pradesh issued the consequential notification vide G.O.Ms.No.144, Social Welfare (CV.1) Department, dated 17.07.2008, restricting the issuance of community certificates to Telangana Region only and during the reorganization of State of Andhra Pradesh into State of Andhra Pradesh and Telangana, the said community has been omitted from the list of Scheduled Caste pertaining to State of Andhra Pradesh; prior to reorganization of the State, several representations have been received from various associations regarding the existence of members of the said community in Andhra and Rayalaseema Regions who claimed to have been adversely affected by area restrictions and pursuant to the same, one man commission was appointed on 13.11.2017 and it submitted a report and based on the said report a letter has been addressed to the Government of India for taking further course of action.
In Writ Petition No.20219 of 2020, similar issue came up for consideration and this Court passed an interim order in the said Writ Petition on 05.11.2020 and challenging the said interim order, the respondents therein filed Writ Appeal No.389 of 2020. The said Writ Appeal was allowed by the Division Bench of this Court vide order dated 17.02.2021 by observing 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;5
KVL, J WP No.20048 of 2020 (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 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.6
KVL, J WP No.20048 of 2020 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 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:23.02.2021 Nsr 7 KVL, J WP No.20048 of 2020 HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI Writ Petition No.20048 of 2020 Date:23.02.2021 Nsr