Disposed
P.Kausalya v. The District Collector, Nellore
Telangana HCWP/9845/2005
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND FIVE
PRESENT
THE HON'BLE MR JUSTICE S.ANANDA REDDY
WRIT PETITION NO : 9845 of 2005
Between:
..... PETITIONERS
AND
.....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 a writ of Mandamus or any other appropriate writ or direction declaring the endorsement of the 2nd respondent issued in Rc.No.G/3030/2003 dt.17.1.2005 as illegal arbitrary and contrary to the Act and consequently direct the respondents to issue the certificate under the provisions of the A.P. (Schedule caste, Schedule Tribes, Backward classes) Regulation of issue of Community Certificate Act 1993 and pass such other or further orders.
Counsel for the Petitioner: MR.O.MANOHER REDDY
Counsel for the Respondents: GP FOR SOCIAL WELFARE
The Court at the admission stage made the following ORDER:
This writ petition is filed questioning the endorsement of the second respondent issued in R.C.No.G/3030/2003, dated 17.01.2005, whereby the petitioners were informed that several other writ petitions regarding issuance of “Samban” Caste Certificate in Nellore District are pending before the High Court, therefore, he could not issue Caste Certificates to the petitioners at this stage.
2. The grievance of the petitioners is that they are seeking admission into various Educational Institutions and in order to get the benefits available to them under law, they are obligated to produce fresh Caste Certificates issued by the authorities concerned at the time of admission. As the respondents refused to grant such certificates, the petitioners would be denied of the benefits to which they are entitled to under various provisions of the Acts. Therefore, they sought for a direction to the respondents to issue fresh Caste Certificates, which shall be subject to the outcome of the other writ petitions, pending before this Court.
3 . The learned counsel for the petitioners contends that the second respondent admitted that earlier he had issued Caste Certificates but, however, by virtue of pendency of some writ petitions, he refused to issue Caste Certificates. Therefore, he contends that the said action is illegal and contrary to law.
4 . Heard the learned counsel for the petitioners and the learned Government Pleader for Social Welfare.
5. Certain writ petitions with regard to the issue whether the “Samban” Caste comes under the Scheduled Caste or not, are pending before this Court. As long as the issue is not decided, the respondents-revenue authorities cannot refuse to issue such certificates, especially, when it was the case of the respondents that even a certificate to that effect was already issued.
6. In view of the above stated facts, the second respondent is directed to issue Caste Certificates as claimed, after verification, if necessary incorporating the pendency of the writ petitions, if he feels it appropriate, within a period of three weeks from the date of receipt of a copy of this order.
7. The writ petition is accordingly disposed of at the admission stage.
S.Ananda Reddy, J
Date: 13.06.2005
Note: Furnish CC in three days B/o
va
To
P.Kausalya and others
District Collector, Nellore
Revenue Divisional Officer, Kavali Nellore District
Mandal Revenue Officer, Aluru Mandal Nellore District
S. Ananda Reddy
As recorded by the court registry
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