Allowed

Santhoshi Majhi v. Dr Ntr University of Health Sciences

Andhra Pradesh HC12 Feb 2024WA/422/2023

Case brief

AI extract

What is this about?

The High Court in Writ Appeal No. 422 of 2023 allowed the appeal set aside the learned Single Judge's order directing a commission to verify the Appellant's caste status. The Court held that a petitioner who completed the MBBS course through provisional admission cannot be denied a formal degree certificate affecting her future career. The University was directed to issue the original degree.

What did the court decide?

The Appellant was entitled to a formal MBBS degree certificate; the Single Judge's order directing a commission to verify caste status was set aside; the University directed to issue the degree within

Santhoshi Majhi Vs Dr Ntr University… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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TUESDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HON’BLE MR. JUSTICE R.RAGHUNANDAN RAO

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WRIT APPEAL No: 422 of 2023 Along with

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WP.Nos.24898. 28776 of 2015 and WP.No.19728 of 2021

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WRIT APPEAL NO: 422 OF 2023

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Writ Appeal under Clause 15 of the Letters Patent preferred against the Order dated 23.03.2023 passed in IA.No.1 of 2021 in W.P.^{No.19728/2021onthe} file of the High Court.

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Between:

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Santhoshi Majhi, D/o Late Prasad Majhi, Aged about 29 years, Occunemployee, R/o Kusumpuram Village and post, Kaviti Mandal, Srikakulam District.

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...Appellant

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AND

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Dr. NTR University of Health Sciences, (now Dr. YSR University of Health Sciences) Vijayawada, Krishna District, Andhra Pradesh state. Rep By it's Registrar.

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The State of Andhra Pradesh, Rep. by its Principal Secretary to Govt, Social welfare Dept, Secretariat Buildings, Velagapudi, Amaravati, Guntur District, A.P.

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The Principal, Great Eastern Medical School and Hospital,^Srikakulam.

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...Respondents/Respondents

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 1®* respondent to release the Original. Certificate of MBBS Course, passed on 16-3-2020 by setting aside the order^dt. 23-3-

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2023 passed by the learned Single Judge in lA., No. 1 of 2021 in WP.No. 19728 of 2021 pending disposal Writ Appeal in the interest of justice.

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Counsel for the Appellant: SRI G TUHIN KUMAR

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Counsel for the Respondents: SRI GUTTAPALEM VIJAYA^KUMAR 'V, (SC FOR Dr NTR HEALTH U)

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4r'Vv*

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WRIT PETITION NO: 24898 OF 2015

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l^etween:

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<br>

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Santhoshi Majhi, D/o Prasad Majhi, aged about 17 years,^Occ:Student Rep. by her natural guardian Prasad Majhi, S/o Late Janardhan Majhi, aged about 47years, Occ: Agriculture, R/o. Kusumapuram Village & Post, Kaviti Mandal, Srikakulam District.

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...Petitioner

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AND

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The State of Andhra Pradesh, rep. by its Principal Secretary, Tribal Welfare Department. Secretariat, Hyderabad.

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The Director/Commissioner, Tribal Welfare Department^Governmentof A.P.

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The District Collector, Srikakulam District, Srikakulam.

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The Revenue Divisional Officer, Tekkali Division, Srikakulam^District.

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The Convenor, A.P. EAMCET-2015. Jawharlal Nehru Technical University, East Godavari District at Kakinada.

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The NTR University, Rep. by its Registrar, Vijayawada^-A.P.

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The Secretary to Government, Social Welfare Department,^Government of Andhra Pradesh, Secretariat, Hyderabad.

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(R7 is impleaded as per Court Order dated 10-09-2015 in Writ Petition.)

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...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High 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 respondents in

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not issuing the S.T. caste certificate (Bentho Oriya)^{tothepetitioner} though the application is filed on 30-06-2015 to the! 4*'' Respondent as per the Act for issuance of the caste certificate as illegal, arbitrary, unconstitutional, violative of A.P. (SC, ST and BCs) Regulation of Issuance of Caste Certificate Act, 1993 and rules 1997, contrary to the Schedule Tribe Constitutional Order 1950 and Voilative of Art. 14 and 21 of the Constitution of India and consequently direct the respondents to issue S.T. Caste Certificate (Bentho Oriya) to the petitioner as per^law.

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I-A. NO: 1 OF 2015fWPMP. NO: 32332 OF 2015)

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased direct the respondents to issue provisional admission as per Rule19 of the A.P. (SC, ST and BCs) Regulation of Issuance^{ofCasteCertificate} Act, 1993 and Rules 1997, by permitting the petitioner in the ensuing counseling dated 10-08-2015 or any other subsegment date pending disposal of the Writ Petition.

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Counsel for the Petitioner: SRI G TUHIN KUMAR

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Counsel for the Respondents: SRI GUTTAPALEM VIJAYA KUMAR (SC FOR Dr NTR HEALTH U)

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Counsel for the Respondents: SRI C SUDESH ANAND

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Counsel for the Respondents: GP FOR SOCIAL WELFARE

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WRIT PETITION NO: 28776 OF 2015

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Between:

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Santhoshi Majhi, D/o Prasad Maid Aged 18 years, Occ:^StudentR/o. Kusumapuram village and post Kaviti Mandal, Srikakulam District.

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...Petitioner

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AND

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Dr. NTR University of Health Sciences, Vijayawada, Krishna District, Rep. by its Registrar.

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Convener, EAMCET 2015 (Agriculture & Medical), JNT University Kakinada (AP).

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The Secretary to Government, Social Welfare Department, Government of Andhra Pradesh, Secretariat, Hyderabad.

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(R3 is impleaded as per court order dated 10-09-2015 in Writ Petition)

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...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to Issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring endorsement dated 10.8.2015 made by the 2"^^ respondent on the proforma (Receipt of Certificates) as being illegal, arbitrary, contrary to the interim orders passed by this Hon'ble Court dt. 7.8.2015 made in W.P. No. 24898 of 2015 and contrary^toRules16 19 and 21 of A.P. SC, ST & BCs - issue of community and nativity and date of birth certificate Rules, 1997 and consequently set aside the same by directing the respondent No. 1 to forthwith receive fee from the petitioner and allow the petitioner to join MBBS in Great Eastern Medical School, Srikakulam, Srikakulam District.

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LA. NO: 1 OF 2015fWPMP. NO: 37293 OF 20151

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct the respondent No. 1 to forthwith receive fee from the petitioner and allow the petitioner to join MBBS in Great Eastern Medical School, Srikakulam, Srikakulam District, A.P. pending disposal of the above writ petition.

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LA. NO: 1 OF 2016(WPMP. NO: 29809 OF 20161

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be

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pleased to direct the 1®* respondent to allow the petitioner to pursue her MBBS course by collecting examination for the 1®* academic years.

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Counsel for the Petitioner: SRI G.TUHIN KUMAR

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Counsel for the Respondents: SRI GUTTAPALEM VIJAYA^KUMAR (SC FOR Dr NTR HEALTH U)

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Counsel for the Respondents: SRI A PRABHAKAR RAO

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Counsel for the Respondents: GP FOR SOCIAL WELFARE

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WRIT PETITION NO: 19728 OF 2021

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Between:

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Santhoshi Majhi, D/o Prasad Majhi, Aged 27 years, Occ: Student, R/o Kusumapurarn Village & Post, Kaviti Mandal, Srikakulam^District.

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...Petitioner

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AND

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Dr. NTR University of Health Sciences, Vijayawada, Krishna District, Andhra Pradesh State, Rep. by its Registrar.

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The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Social Welfare Department, A.P. Secretariat, Velagapudi, Amaravati, Guntur District.

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The Principal, Great Eastern Medical School & Hospital,^Srikakulam.

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to prayed to issue. Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent University in not issuing the Original Degree Certificate of MBBS course to the petitioner (issued only provisional certificate on 19.03.2020) enabling to pursue the higher education and to acquire permanent registration with the Andhra Pradesh Medical Council as illegal, arbitrary, unconstitutional and violative of Article 14, 16 and 342 of Constitution of India and inter-alia direct

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the respondents to issue the Original Degree MBBS certificate to the petitioner.

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lA NO: 1 OF 2021

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to forthwith direct the respondents to issue the Original Degree MBBS Certificate to the petitioner in the interest of justice pending disposal of the Writ Petition.

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Counsel for the Petitioner: SRI G TUHIN KUMAR

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Counsel for the Respondents: SRI GUTTAPALEM VIJAYA^KUMAR (SC FOR Dr NTR HEALTH U)

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Counsel for the Respondents: GP FOR SOCIAL WELFARE

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The Court made the following order:

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COURT OF ANDHRA PRADESH; AMARAVATI IN THE HIGH HON’BLE MR . JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE

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HON’BLE MR. JUSTICE R. RAGHUNANDAN RAO

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WRIT APPEAL Nq.422 of 2023 ALONG WITH 9«77fi of 2015 and W.P.No-19728 of 2021 W.P.Nos.2489^

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WRIT APPEAL No.422 of 2021

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SanthoshiMajhi, D/o.Late Prasad Majhi, Aged about 28 years, Occ-unemployee, R/o.Kusumpuram Village and post, KavitiMandal, Srikakulam District. ...Appellant

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Versus

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Dr. NTR University of Health Sciences, (nowDr. YSR University of Health Sciences) Vijayawada, Krishna District, Andhra Pradesh State, Rep. by its Registrar and two others

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...Respondents

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Mr. G. Tuhin Kumar, Counsel for the appellant.

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Mr.GuttapalemVijayakumar, Counsel for the respondents.

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natP 13.02.2024

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PFR DHIRAJ SINGH THAKUR. CJ;

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Clause 15 of the Letters Patent has been The present writ appeal under preferred against the judgment and order dated 23.03.2023, passed in W.P.No.19728 of 2021

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HCJ & RRR, J W.A.No.422 of2023 & batch

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With a view to understand the background in which the present controversy has arisen, it is necessary to give in^{briefthematerialfacts.}

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The petitioner claims to be belonging to the Bento Oriya Community, which is a Scheduled Tribe. An application was filed by the petitioner with the competent authority for issuance of a caste certificate^{asfarbackasin} the year, 2015, which was not issued to her. The petitioner^soughtto buttress the claim as belonging to the said Community,^{withreferenceto} the certificate issued in favour of her father, certifying that he belonged to the Bento Oriya Community.

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Since the petitioner wanted to take admission in the^MBBScourse, taking the benefit of the reservation, provided for the Bento Oriya Community, she filed W.P.No.24898 of 2015, in which directions were issued to give provisional admission to the petitioner^{asperRule19ofthe} (Andhra Pradesh Scheduled Castes, Scheduled Tribes^and Backward Classes) Regulation of Issue of Community Certificates^{Act,1993andthe} Rules of 1997.

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Pursuant to the said directions, the petitioner was given admission in the MBBS course, but an endorsement was made by the Convenor, EAMCET-2015 (Agriculture & Medical), that the admission^{bekeptpending} due to the pendency of W.P.No.24898 of 2015. This forced^{thepetitionerto} then file W.P.No.28776 of 2015, in which directions^{wereissuedtothe}

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HCI & RRR,) 3 W.A.No.422 of2023 & batch

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fee of the petitioner and allow her to respondents to accept the admission Eastern Medical School, Srikakulam in which prosecute her MBBS in Great she had been allotted a seat. While issuing such orders, the Court had would not claim any equities in her favour, made it clear that the petitioner in the event it was found that she^{doesnotbelongtotheBentoOriya} Community.

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This was not the end of the matter. Even after having been granted admission . the University refused permission to the petitioner to write the only provisional, which forced exam on the ground that the admission was Petition bearing W.P.M.P.No.29809 the petitioner to move a Miscellaneous The Court, noticing the fact that no of 2016 in W.P.No.28776 of 2015 in the State from 2009, on account of Community Certificates were issued in directed the University that until the the policy of the Government Certificate was officially application of the petitioner for grant of Community continued to grant the benefits of the disposed of, she should be to Court every semester provisional admission without driving her to come at the time of every examination.

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10.09.2015, the petitioner 6. Based upon the orders so passed on from the aforesaid medical claims to have completed her MBBS course college and also claims to have been issued a provisional certificate by the

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4 HCJ & RRR, J W.A.No.422of2023 & batch

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NTR University of Health Sciences, reflecting the fact that the petitioner had passed her final MBBS degree examination.

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The petitioner again preferred W.P.No.19728 of 2021, claiming that the Dr. NTR University of Health Sciences was not issuing the original degree certificate of MBBS to the petitioner, as the provisional certificate dated 19.03.2020, would not enable her to either secure Government services or enable her to undergo higher courses. It was therefore prayed that a Mandamus be issued directing the release of the original degree certificate of MBBS to the petitioner.

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The petitioner had also claimed in the writ petition that based upon the provisional certificate of registration, the Andhra Pradesh Medical Council had registered her for a period of 12 months and that in case the original MBBS degree was not submitted, the registration^{accordedwould} be cancelled, which would have an adverse impact on^{thecareerofthe} petitioner.

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The learned single Judge by virtue of judgment and order impugned, directed the One Man Commission appointed under G.O.Ms.No.52,^dated 19.10.2022, to enquire into the case of the petitioner^{anddecidewhether} the petitioner belong to Bento Oriya Community or not.

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5 HCJ & RRR, J W.A.No.422of2023 & batch

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Learned counsel for the appellant urged that the directions issued by the learned single Judge were beyond the prayer made in the writ petition and therefore, instead of granting relief as had been prayed for or rejecting the same on the grounds mentioned in the writ petition, the learned single Judge had issued orders to the One Man Commission appointed by the Government to determine whether the petitioner belong to the Bento Oriya Community or not.

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G.O.Ms.No.52, Social Welfare (TW.CV.2) Department, dated 19.10.2022, would show that the One Man Commission^{wasconstitutedto} study the issues of Bento Oriya and Valmiki/Boya Communities^andthe same were then to be published in the official Gazette^{underSection3of} the Commission of Inquiry Act, 1952”.

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We have our doubts whether the One Man Commission was constituted at ail to study an individual case of a person claiming to be belonging to that particular community or not, as the^{GovernmentOrder} dated 19.10.2022, does not reveal much in that regard.^{Thestandofthe} respondents also, however, is not clear on this aspect. However, we do not wish to go in that direction.

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We are quite convinced with the argument that the petitioner^has already completed her MBBS course for which she had already been granted her provisional certificate. She cannot legitimately^bedeniedher

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6 HCJ & RRR, J W.A.No.422of2023 & batch

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right to have in her possession a formal degree certificate reflecting that she had completed the said course, as the Government^asamatterof policy appears not to have issued any such certificate since long.

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The petitioner claims that her father was issued a certificate reflecting him to be belonging to the Bento Oriya Community.^Tillsuchtime as it is proven otherwise, the petitioner cannot be denied her right to receive the formal MBBS degree inasmuch as failure to do so would adversely affect her right to either seek appointment^{orenablehertoseek} admission in higher courses.

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The degree certificate only certifies that the petitioner has completed the course and nothing more. In case it is found that the petitioner was not entitled to undergo the course taking benefit of the said reservation envisaged for the Bento Oriya Community, necessary consequences would follow for which the petitioner would not be entitled to claim any equities in her favour.

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In our opinion, the learned single Judge in fact ought to have considered the issue as to whether the formal MBBS degree ought to be given in favour of the petitioner or not, instead of directing the One Man Commission to verify her status in that regard.

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HCJ & RRR, J W.A.No.422 of2023 & batch

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Be that as it may, we allow the present writ appeal^{andsetasidethe} judgment and order impugned dated 23.03.2023. We direct^theDr.NTR University of Health Sciences/respondent No.1 in the writ appeal to issue a formal degree in favour of the appellant within three (03) weeks from the date of receipt of a copy of this order.

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Considering the limited issue which has been decided by us in the present writ appeal, nothing survives in the main writ petition bearing W.P.No.19728 of 2021, which shall accordingly stand disposed of. Consequently, W.P.Nos.24898 of 2015 and 28776 of 2015 are disposed of.

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It would be open to the appellant to approach this Court, in case official respondents take no action in deciding the case of the appellant, for issuance of the caste certificate, in accordance with^{therules.Thereshall} be no order as to costs.

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Pending miscellaneous applications, if any, shall stand^closed.

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Sd/- P.VENKAT RAMANA JOINT^^EGISTRAR

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//TRUE COPY// SEC OFFICER

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To, 1. The Principal Secretary to Government, Social Welfare Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravati, Guntur District.

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The Principal, Great Eastern Medical School & Hospital,^Srikakulam. 3. The Principal Secretary, Tribal Welfare Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravati, Guntur District.

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The Director/Commissioner, Tribal Welfare Department Government of A.P.

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The District Collector, Srikakulam District, Srikakulam. 6. The Revenue Divisional Officer, Tekkali' Division, Srikakulam District 7. The Convenor, A.P. EAMCET-2015. Jawharlal Nehru Technical University, East Godavari District at Kakinada.

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The Registrar, Dr NTR University of Health Sciences, (now Dr YSR University of Health Sciences) Vijayawada, Krishna District, Andhra Pradesh State.

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One CC to Sri A Prabhakar Rao, Advocate [OPUC] lO.One CC to Sri G Tuhin Kumar, Advocate [OPUC] 11 .One CC to Sri C Sudesh Anand, Advocate [OPUC] 12.0ne CC to Sri Guttapalem Vijaya Kumar, (SC for Dr NTR Health University) [OPUC] [Oirn Welfare, High Court of Andhra Pradesh. 14.Two CD Copies RAM

HIGH COURT

DATED:13/02/2024

COMMON ORDER

WA.No.422 of 2023 ALONG WITH WP.Nos.24898, 28776 of 2015 & WP.No.19728 of 2021

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ALLOWING THE WRIT APPEAL.No.422 of 2023 WITHOUT COSTS &

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DISPOSING THE WP.Nos.24898, 28776 of 2015 & WP.No.19728 of 2021 WITHOUT COSTS