Dismissed

Mr.Devendersingh Rana v. State Ap., rep.by its Principal Secretary,Social Welfare

Telangana HC11 Jul 2008WP/14961/2008

Case brief

AI extract

What is this about?

Petitioners challenged the State Government's decision to nominate two other individuals instead of them for the State Co-ordination Committee, arguing violation of Article 14 contending that their nomination by the National Commission conferred a right.

What did the court decide?

No order as to costs; the writ petition dismissed at the admission stage.

Mr.Devendersingh Rana Vs State Ap., rep.by its… — Service and Employment | Telangana HC (2008)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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(Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND EIGHT

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PRESENT

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THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 14961 of 2008

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Between:

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1 Mr.Devendersingh Rana S/o.Sri Keharsing R/o.H.No.23-4-500,Sultansahi,Hyderabad

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2 Mr.Bhupathi Appa Rao S/o.Late Sri Appanna

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R/o.H.No.17-3-11,Panjagadda, Ramavaram Kothagudem,Khammam District-507118

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..... PETITIONER(S)

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AND

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1 State AP., rep.by its Principal Secretary,Social Welfare Department, Secretariat,Hyderabad

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2 Mr.Soni Srinivasa Rao S/o.SriVenkateshwarlu

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R/o.Rajahmundry,East Godavari District

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3 Mr.Appagari yerranna S/o.Sri Bala Ankanna R/o.Proddutur, Kadapa District

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.....RESPONDENT(S)

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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 grant an order direction or writ more so in the nature of writ of mandamus declaring the actions of the first respondent in not considering the nomination of the petitioners herein for being appointed as two members from the Safai Karamchary Community nominated by the Government and appointing the respondents 2 and 3 herein as two representatives nominated by the Government vide G.O.Ms.No.84 SW (POA), Department dated 4.9.2001 G.O.Ms.No.42 SW (SCP.1)Dept., dated 12.3.2008 and addendum vide G.O.Ms.No.119 dated 24.6.2008 as arbitrary, highhanded and disservice to the Safai Karamchary Community apart from being violative of Article 14 of the Constitution of India and consequently set aside the Addendum vide G.O.Ms.No.119 dated 24.6.2008 and direct the respondent 1 to nominate the petitioners herein as representatives from the Safai Karamcharies Community as nominees of the Government and pass

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Counsel for the Petitioner:MR.R.RAGHUNANDAN

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Counsel for the Respondent No.: GP FOR SOCIAL WELFARE

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The Court made the following :

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THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 14961 OF 2008

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ORDER:

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1. This writ petition has been filed by the petitioners who are two in number assailing the action of the Respondent No.1 in not considering the nomination of the petitioners for inclusion in the State Level CoOrdination Committee for eradication of Manual Scavenging and Rehabilitation of Scavengers and instead inclusion of respondents 2 and 3 in the said Committee.

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2. Devender Singh Rana who is the petitioner No.1 has sworn to the affidavit filed in support of the writ petition. The averments in the writ petition in brief are:-

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3. The Government of Andhra Pradesh by G.O.Ms.No. 84 dated 4-92001 had constituted a State Co-ordination Committee under Section 13(4) of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993. The committee was to consists of 9 exofficio members who are the officers of the State Government and two representatives from the Non-Governmental Organisation or Social workers engaged in the upliftment and welfare of the schedule castes and schedule tribes nominated by the Government. As the committee was for the benefit of Safai Karamcharies, the petitioners and other activists had represented to the Government that it would only be appropriate to nominate two representatives from the Safai Karamcharies Community and on the basis of the representation, the Government had issued G.O.Ms.No. 42 dated 12-3-2008 including two representatives from Safai Karamcharies Community to be nominated by the Government in the State Co-ordination Committee. The Respondent No.1 initiated the process of constituting the State Level Committee and had sought nomination from the National Commission for Safai Karamcharies. The said National Commission for Safai Karamcharies through its letter NO. 11059/55/07- R & D/1997, dated 19-12-2007 nominated the petitioners to

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be considered for inclusion in the State Level Co-ordination Committee for eradication of manual scavenging and rehabilitation of scavengers. Since the Respondent No.1 issued G.O.Ms.No.119, dated 24-6-2008 including the respondents 2 and 3 as representatives from the Safai Karamcharies Community without assigning any reason for ignoring the recommendation of the National Commission for Safai Karamcharies. The inclusion of Respondents NO.2 and 3 in State Level Co-ordination Committee is under challenge in this writ petition.

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4. Heard learned counsel appearing for the petitioners and learned Government Pleader for Social Welfare for Respondents.

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5. Learned counsel appearing for the petitioners submits that the inclusion of Respondents NO.2 and 3 is not in the list suggested by the National Commission and therefore, the inclusion of the Respondents No.2 and 3 in the State Level Committee cannot be sustained.

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6. The Government of Andhra Pradesh in exercise of powers conferred under sub-section 4 of section 13 of the Employment of Manual Scavengers and Construction of Dry Latrines. (Prohibition) Act, 1993 (Act 46 of 1993), constituted State Level Co-ordinate Committee. The G.O.Ms. No. 84 which deals with constitution of Coordinate Committee came to be amended by G.O.Ms.No. 42, dated 12-3-2008 wherein two representatives from Safai Karamcharis Community is included in the State Level Committee. Pursuant to the amended G.O., the State Government has included Respondents NO.2 and 3. It is nowhere stated in the above referred two G.Os. that the inclusion of two representatives from Safai Karamchari Committee must be on the recommendations made by the National Commission.

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7. Such is the situation, merely because the petitioners names have been suggested by the National Commission does not confer any statutory right or legal right on them to claim their inclusion in the State Level Committee. Therefore, the writ petition is devoid of merits and it is hereby dismissed at the admission stage. No order as to costs.

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______________________________ Justice B.Seshasayana Reddy

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11^th July, 2008. KM

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THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY

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WRIT PETITION NO. 14961 OF 2008

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th 1 1 July, 2008.

Mr.Devendersingh Rana v. State Ap., rep.by its Principal Secretary,Social Welfare

Case brief

What is this about?

What did the court decide?

Mr.Devendersingh Rana v. State Ap., rep.by its Principal Secretary,Social Welfare

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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