Disposed¶33

Sri Narayana Sambarapu v. The State of Telangana

Telangana HC5 Feb 2025TUPWP(PIL)/9/2023

Case brief

AI extract

What is this about?

Caste information in school education records; Transfer Certificate (TC) branded with caste; prayer for 'no caste/no religion' option; privacy and dignity concerns; Article 226 writ petition (PIL) Telangana High Court; point covered by Co-ordinate Bench order WP (PIL) No. 66 of 2017 dated 21.10.2024 (res integra); no directions issued; writ petition disposed of, no costs; interlocutory applications closed.

What did the court decide?

None; no directions issued - writ petition disposed of with no costs, and pending interlocutory applications, if any, stood closed. ¶33

Sri Narayana Sambarapu Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

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IN THE HIGH COURT^{FOR THE STATEOF TELANGANA AT HYDERABAD}

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WEDNESDAY, THE FIFTH^{DAY OF FEBRUARY} TWO THOUSAND AND^TWENWFIVE

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PRESENT

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THE HON'BLE THE ACTING CHIEF^{JUSTICE SUJOY PAUL} AND THE HON'BLE SMT.JUSTICE^RENUKAYARA TAKEN UP WRlT PETITION^{(PlL)NO: I OF 2023}

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Between:

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Sri NaraYana^SambaraPu'

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(Retired^{Manager, Finance' BHEL'}

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226, BHEL^{MIG(old), Ramachandrapuram'}

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Flyderabad -^{5O2 O32'}

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Cetl No.^88970057t2

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Email:^{narayanasambarapu@gmailcom'}

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...Petitioner

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And

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L. Thc^{Stateo[ Telangana'represented} by its^{ChieI Secreury,} Secrclariat,^HYdcrabad'

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TrIe^{Stateof Telangana'represented} bY its PrinciPal^Secrctary' School^{trducationDePartment'} Secretariat,^HYdcrabad'

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The^{Director of SchoolEducation'} Saifabad,^{FlYderabad- 500OO4'}

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. ..ResPondents

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Petition under Article 226 ot^{the constitutionof lndia praying that in the} circumstances stated^{in the affidavit filed therewith,the HighCourt maybe pleased} to issue a Writ, Direction or^{an Order more} articulad one in the ure Mandamus to call^{for records and remarks from the Respondentsherein rr} see that the schcol^{education rccords of the students were free of "Caste"} informat ion, at the^{timeofaclmission, no action has been taken by the}

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\ lt

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students orltiesconcerned..Itisfurtherstatedbytheappiicantthattht: berng^{asked inf<;rrnationrelating to their castes at the trme of admission} to^{the school ar:.ci this informationsubsequently forms part of the record} the^{student's Transfer Certihcate(T.C) at the time of leaving the school'} the^{T.C of the student is brandeci with a "caste"permanentllr, whether} e srudent^{likes or not that wheneverthe T.C is presentedbefore any} uthority^{or entity for the purposeofjob or any otherbusinessand his caste} disadvantage^{of that} Person,^the ris made public, sometimes^{to the utter} d there is^{no use to the trducation} individual's^{privacyis; being breached an} Department^{by the :'nformation obtained regarding caste' In view of the} Same,Someareevendemanding,,NoCasteCertiltcate.''II.castecr:rtificateis required^{by the people they can get it fromthe designateclauthority and the} Transfer^{Certihcate:Ls not a valid caste certihcate and there is no legal} requirement^{to have caste informationin thc Schooltrducation Records' In} addition to^{the issue of privacy, the individual's dignityand othLermatters} which affect^{that person adverselyat times have been explained in detailin} the representation^{tc' the Department lt is feit that this measure of school} education^{records being trec of casteinformationwill help in les;seningthe} rigorousness of^{the oastesystem by looscning the shackles to someextent'} Any slackening^{of caste system,ho-wever small itmay be is a welcome} development.^{The cas[e system dividespeople into lvatcrtightcompartment} .ealied^,,caste" and it^{,arrangesthe castesinto a system of hierarctry, labeliing} some castes as^{upper and some as lou'er, thus makingit impossiblefor} people to live a life^{of equality for alt; that thosewhobelongto lower caste'} 'were freqrrenfly subjected to discriminatory treatment^{and made to undergo} visible and invisible^{mentalharassment;a slow awakeningis taking place} among people^who 'lo^{not wantto be identified with castes'as it put the} majority of the^{populationat a lor'ver level' Hence' this Hon'ble Court may} be pleased to issue^{necessarydirections to the Respondentsherein not to} record any caste^{information of the studentsat the time of adrrrissionin to} theSchoolsandnot-torecordtheinformationinTransl.erCertiiicates(TCs) to avoid caste discrimination^{and to pass such other orrler or orders as this} Hon'ble Court may^{cleem ht and properin the circumstances of the case'} Counsel for the^petitiongr : !eft9! By Sri Narayana Sambarapu coulser for the Respondents : Rr irono.rmHar.i xHAN, ADDL.ADV GENERAL The Court made the following: OnDE-R

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THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL

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AND

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THE HON'BLE SMT. JUSTICE RENUKA YARA

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TAKEN UP WRIT PETITIOI{ lPEl No.9 of 2O23

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ORDER: (Per the Hon'ble the Acting Chief Justice Sujog Paul)

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This letter petition is taken-up.

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Sri Mohd.lmran Khan, learned Additional^{Advocate General} for the State of Telangana, submits that in the letter^{petition, it is} prayed that in the school leavrng certificate, there should be a column to enable the candidate to mention^'no caste or^religion'. It is submitted that the point involved in the^{presentpetition is no} more res integra and has been considered recently in^{WP (PlL)} No.66 of 2017, dated 21.1O.2O24.

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In the said order, the Co-ordinate Bench of this Court^has considered the prescribed Transfer Certihcate and the^prescribed Form i.e., ANNEXURE I. In para No.23 of the order, it^{is recorded} as under:

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"From perusal of paragraph 12 of the^counter affidar.it filed on behalf of the respondent^No.S, it^{is evident} that it is the stand of the School Education Department that the petitioners are at liberty to mention no caste^and no religion in an appropriate column and for^not mentioning the detaits of religion and caste, admission^will not be denied to a child. In view of the stand taken by^tJle School Education Department, it is not necessary^{for us to} issue any direction in this public interest litigation."

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On the strength of this para, learned Additional Advocate General submits that it is open to the parents of the candidates not to mention the caste and religion and no directions are required to be issued.

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In r.iew of the aJoresaid order of the Co-ordinate Bench and the submission of learned Additional Advocate (ieneral. we find no reason to issu,: anv direction in the present petil-ion.

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