The petitioner challenged his rejection from Engineering admission due to his Beldar caste status. The court dismissed the writ petition, ruling the community is not listed for SC quotas in Andhra Pradesh and the petition lacked merit.
Writ of mandamus seeking declaration of illegality in rejection of SC quota admission was dismissed with no costs.
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THE HONOURABLE SHRI JUSTICE R.SUBHASH REDDY
WRIT PETITION No. 17307 OF 2006
Dated 1 8 th December, 2006
Between: Anil Kumar
… Petitioner And The State of A.P. represented by its Secretary, Social Welfare Department, Secretariat, Hyderabad and others.
… Respondents.
ORAL ORDER:
In this writ petition, the petitioner seeks a writ of mandamus to declare the action of the respondents in not considering the claim of the petitioner for admission into Engineering course under the Scheduled Caste category, as highly illegal and arbitrary.
The petitioner belonged to Beldar community, which was notified as a Scheduled Caste in Uttar Pradesh. The father of the petitioner is a migrant from Uttar Pradesh to State of Andhra Pradesh. Though the petitioner has secured a certificate from the Mandal Revenue Officer, but, in the counter affidavit filed on behalf of the respondents, it is stated that the ‘Beldar’ community is not existing in the State of Andhra Pradesh and such a caste was not included in the Annexure appended to the rules issued under the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993.
Inasmuch as the Beldar community is not found in the list of Scheduled Castes as per the notification of Government of India in Annexure-I appended to the A.P. (Scheduled Castes, Scheduled Tribes and Backward Classes) Issue of Community, Nativity, and Date of Birth Certificates Rules, 1997, the petitioner is not entitled for any admission in Engineering course in the quota reserved for Scheduled Caste candidates in the State of Andhra Pradesh.
The writ petition is devoid of merits and is accordingly dismissed. No costs.
_____________________
18.12.2006
R.SUBHASH REDDY, J.
VR
2 issues framed by the court
Whether the petitioner belonging to the Beldar community notified as Scheduled Caste in Uttar Pradesh is entitled for SC quota admission in Engineering course in Andhra Pradesh.
Whether the Beldar community exists as a Scheduled Caste in the State of Andhra Pradesh.
2 provisions across 2 enactments
Anil Kumar
The State of A.P.
R.Subhash Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
