Petitioner sought caste certificates for children to avail BC-A group benefits in EAMCET-2005. Respondents declined pending caste enquiry. Court directed issuance within two weeks, allowing endorsement of pending enquiry.
Directed second respondent to issue caste certificates within two weeks with an endorsement noting pending query on the caste.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND FIVE
PRESENT
THE HON'BLE MR JUSTICE S.ANANDA REDDY
WRIT PETITION NO : 13023 of 2005
Between:
Chintala Sammaiah, S/o.Rajamouli, Agriculture & Private Service, R/o.Chelupur Village, Huzurabad Mandal, Karimnagar District.
..... PETITIONER
AND
1 The District Collector, Karimnagar District. 2 The Mandal Revenue officer, Huzurabad Mandal, Karimnagar District.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order or direction more particularly in the nature of writ of Mandamus declaring the impugned memo No.C/6312/ 2003, dt.25-02-2005 issued by the 2nd respondent as arbitrary, illegal and unfair and consequently direct the respondent authorities to issue caste certificates in the name of my son Chintala Arun Kumar and my daughter Kumari Chintala Jayasree as vada Balija BC-A group.
Counsel for the Petitioner: MR.B.NARASIMHA SARMA
Counsel for the Respondent Nos.1 and 2: GP FOR SOCIAL WELFARE
The Court at the admission stage made the following ORDER:
This writ petition is filed by the petitioner aggrieved by the action of the second respondent in not issuing Caste Certificate
to his children on the ground that certain enquiries are pending.
2. The grievance of the petitioner is that his son appeared for the EAMCET-2005 examination and that unless the caste certificate is produced, his son would not be entitled to the benefits of BC-A group. Therefore, the petitioner approached the second respondent for issuance of Caste Certificate. But, however, the second respondent issued a Memo dated 25.02.2005 informing that there is an enquiry with reference to the particular Caste, to which the petitioner belongs, therefore, they cannot issue the Caste Certificate to the children of the petitioner. Hence, the present writ petition.
3. Heard both sides.
4. Under the above facts and circumstances of the case, the writ petition is disposed of directing the second respondent to issue Caste Certificate as claimed by the petitioner, after making necessary enquiry expeditiously, preferably within a period of two weeks from the date of receipt of a copy of this order. However, it is open to the second respondent to make an endorsement on the caste certificate to the effect that there is an enquiry pending with reference to the caste, to which the petitioner belongs.
5. The writ petition is accordingly disposed of at the admission stage.
S. Ananda Reddy, J
Date: 20.06.2005
Note: Furnish CC in two days
B/o
va
To
1 The District Collector, Karimnagar District. 2 The Mandal Revenue officer, Huzurabad Mandal, Karimnagar District.
3 Two CCs to G.P. for Social Welfare, High Court of A.P. Buildings, Hyderabad (OUT)
4 Two CD Copies
1 issue framed by the court
Whether the High Court can direct the respondent to issue a caste certificate expeditiously despite pending enquiry.
1 provisions across 1 enactments
Chintala Sammaiah
The District Collector, Karimnagar District
The Mandal Revenue officer, Huzurabad Mandal, Karimnagar District
S. Ananda Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
