Disposed

Turpati Srikanth , v. Union of India

Telangana HC2 Jul 2018WP/20882/2018

Case brief

AI extract

What is this about?

In a writ petition, the petitioner sought admission to an MBBS course based on an existing uncancelled community certificate. The High Court directed the university to accept the petitioner's certificate, noting the legal position that valid certificates remain effective until specifically cancelled by an authority.

What did the court decide?

Directing the respondents to accept the caste certificate produced by the petitioner as long as it is not cancelled by any authority.

Turpati Srikanth , Vs Union of India — Constitutional and Fundamental Rights | Telangana HC (2018)

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* HON’BLE SRI JUSTICE V.RAMASUBRAMANIAN AND

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HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

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Writ Petition No.20882 of 2018

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% 02-7-2018 # Turpati Srikanth S/o. T.Ramanaiah, Aged 20 years, Occ: Student, R/o H.No.2/236, Bhupal Nagar, Nandanapalli (V), Kurnool (M) & District

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… Petitioner

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Vs.

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$ 1. Union of India, Rep. by its Secretary, Dept. of Health and Family Welfare, New Delhi 2. The Director, National Eligibility-cumEntrance Test (UG), Central Board of Secondary Education, Delhi 3. Dr. NTR University of Health Sciences, Rep. by its Registrar, Vijayawada-520 008 … Respondents ! Counsel for the Petitioner: Mr. R.Ramanjaneyulu Counsel for Respondents 1&2: Mr. K.Lakshman, Asst. Solicitor General Counsel for Respondent No.3: Mr. T.Nageswara Rao, Standing Counsel

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< Gist:

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Head Note:

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? Cases referred:

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Nil.

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HON’BLE SRI JUSTICE V.RAMASUBRAMANIAN AND HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

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Writ Petition No.20882 of 2018

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Order: (per V.Ramasubramanian, J.)

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The petitioner has come up with the above writ petition seeking the issue of a Writ of mandamus to direct the 3^rd respondent to consider her candidature for admission to MBBS Course, on the basis of a community certificate that he already has and not to insist upon a fresh community certificate.

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Heard Mr. R.Ramanjaneyulu, learned counsel for the petitioner and Mr. T.Nageswara Rao, learned Standing Counsel for the 3^rd respondent/University.

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The petitioner holds a caste certificate issued by the Tahsildar to the effect that he belongs to Budaga Jangam caste which is classified as a Scheduled Caste. The petitioner also holds “Community, Nativity and Date of Birth Certificate” issued on 29-01-2004 by the Mandal Revenue Officer, Pagidyala Mandal, Kurnool District. The petitioner’s sister has also been issued with a similar certificate on 15-6-2006 and these certificates have not so far been cancelled.

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But it appears that the University is now insisting on a fresh caste certificate. But the difficulty for persons like the petitioner is that after the bifurcation of the State, no efforts have been taken to issue fresh certificates. The law is well settled that once a community certificate has been issued

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by an authority competent to issue the same and so long as the same is not cancelled, the certificate holds good. Therefore, the writ petition is disposed of directing the respondents to accept the caste certificate produced by the petitioner, as long as it is not cancelled by any authority. The interlocutory applications, if any, pending in this writ petition shall stand closed. No costs.

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___________________________ V.RAMASUBRAMANIAN, J.

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_______________________________
KONGARA VIJAYA LAKSHMI, J.
02 nd July, 2018.
Ak
Note:-
Issue C.C. today.
(B/o)
Ak

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HON’BLE SRI JUSTICE V.RAMASUBRAMANIAN AND HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

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Writ Petition No.20882 of 2018

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(per VRS, J.)

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02^nd July, 2018. (Ak)

Turpati Srikanth , v. Union of India

Case brief

What is this about?

What did the court decide?

Turpati Srikanth , v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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