Dr. B.R Ambedkar Yuvajana Sangham Vs The State of Telangana

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdaction)

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MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HON'BLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION NO: 32712 OF 2024

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Betweenl

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'1. Dr. B.R Ambedkar Yuvajana Sangham, Vide Registration No. 103377 Rep. by its President Thummala Srinivas Nimmapalle Mllage (Branch), Konaraopet Mandal, Raianna Sircilla District, T.S

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Kodipela Akhil, S/o. Gangadhar, Age.24 years, Occ. labour R/o. H. No. 5$7, Nimmapalli, Konaraopet Mandal, Nizambad District, Telangana.

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Kammari Koteshwar, S/o. Kammari Rajababu, Age: 30 years, Occ. labour R/o. H.No. 10-88, Nimmapalle village, Konaraopet Mandal, Karimnagar District, Telangana.

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Poojam Shekar, S/o Poojam Rajaiah, Age:-24 years, Occ. student R/o. H- No. 6-37, Nimapalle village, Konaraopet Mandal, Karimnagar District, Telangana.

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Kammari Praveen Kumar, S/o. Narsaiah, Age. 23 years, Occ. labour R/o. H.No. 10-100, Nimpalle, Konaraopeta Mandal, Karimnagar District, Telangana.

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6- -Poojam Kranthi Prasad, S/o. Laxmi Rajam, Age: 35^years, Occ.^private service Rl/o- H. No. 1-1, Nimmaplle village, Konaraopet Mandal, Karimnagar District, Telangana.

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Myadari Shivasagar, S/o. Narsaiah, Age: 22 years, Occ. Agriculture R/o. Nimmpalle village. Konraopet Mandal, Karimnagar District, Telangana.

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Chiluka Ganesh, S/o. Chiluka Bheemaiah, Age'. 24^yea6, Occ. labour R/o. H.No. 5-81, Nimmpalle village, Konraopet Mandal, Karimnagar District, Telangana.

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Kammari Rekha, w/o. Kammari Raju, Age: 29^years, Occ. Flouse wife^{Rl/o. H.} No. 6-28, Nimmapalte, KarimnagarDistrict, Telangana-s0s301.

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.-.PETITIONERS

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AND

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The State of Telangana, Rep. by its Principal Secretary of Social \Atrelfare^(SC Development), Secretara iat Buildings, Hyderabad.

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The State of Te{angana, Rep. by its Principal Secretary of 8C Welfarc Department, Secretaraiat Buildings, Hyderabad.

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District Colbctor, Rajanna Sircilla Dstrict at Sircilla

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Joint Collector, Rajanna Sircilla District, Sircilla

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...RESPONDENTS

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Tehsildar, Konaraopet Mandal, Rajanna Sircilla District

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ or order or direction more in the nature of Writ of Manddmus declaring the action of Respondent No. 5 in refusing to issue Schedu{e Caste Mala Certificates to the Petitioners No. 2 to 9 on the pretext that their parents are engaged as Masons/ construction workers, despite they were issued with the SC Community Certificates on earlier occasion as being arbitrary, illegal, unconstitutional offending Articles 14, 15 (4) and 21 ol the Constitution of lndia and consequently direct Respondent No.5 to issue SC Community Certificates to the Petitioners without reference to the Uppara Profession of their parents and further to direct respondent No. 5 to withdraw the instructions given to Mee-Seva with regard to refusal to receive Applications for issuance of SC Mala Community Certificates from members of Petitioners Association.

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IA NO: 1 OF 2024

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Petition under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pieased to issue SC Commun.ity Certificates to the Petitioners 2 to 9 who belcng to Mala Community basing on the Certificates issued to them on the earlier occasion without entertaining any doubt basing on the Uppara profession of their parents pending disposal of the Writ Petition.

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Counsel for the Petitioners: SRI NIMMA NARAYANA

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Counsel for the Respondent Nos.l & 2: AGP FOR SOCIAL WELFARE

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Counsel for the Respondents No.3 to 5: GP FOR REVENUE

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The Court made the following: ORDER

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HON'BLE MRS JUSTICE SUREPALLI NANDA

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WRITP TION No.32712 ol 2o24^-

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ORDER:

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Heard Sri Nimma Narayana, Iearned counset appearing on behalf of the petitioners, learned Assistant Government pleader for Socia! Wetfare, appearing on behalf of respondent Nos.1 and 2 and learned Government pleader for Revenue, appearing on behalf of respondent Nos.3 to 5.

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The petitioners approached the Court seekang prayer as under:-

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"...to issue an appropriate Writ or order or direction more in the nature of Writ of Mandamus declaring the action of Respondent No.5 in refusing to issue Schedule Caste Mala Certificates to the petitioners Nos.2 to 9 on the pretext that their parents are engaged as Masons/constru ction workers, despite they were issued with the SC Community CertiFicates on earlier occasion as being arbitrary, illegal unconstitutional offending Articles 14, lS (4) and 21 of the Constitution of India and consequently direct Respondent No.5 to issue SC Community Certificates to the Petitioners without reference to the Uppara Profession of their parents and further to direct respondent No.5 to withdraw the instructions given to

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Mee-Seva with regard to refusal to receive Applications for issuance of SC Mala Community Certificates from members of Petitioners Association and issue such other order or orders as deem fit and proper in the circumstances of the case."

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It is the specific case of the petitioners that the parents of the petitioners are Uppara by profession and the petitioners had submitted their applications ior issuance oF SC Malla community certificate and respondent No.5 without considering the same, however refused to issue the said certiFicates to the petitioners on the pretext that petitioners parents are engaged as Masons/construction workers. Aggrieved by the same, the petitioners filed the present wi'it petition.

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3 This Court^yide its order dated O6.L2.2O24 an I.A.No.1 of 2(J24 oassed interim orders in favour oI the etitioners obs rvtn n as un

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"Heard Sri Nimma Narayana, learned counsel appearing on behalf of the petitioners, learned Government Pleader for Social Welfare appearing on behalf of the respondent Nos.1 & 2 and learned Assistant Government Pleader for Revenue appearing on behalf of the respondent Nos.3 to 5.

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The respondent No.4 is directed to consider the representation of the petitioners, dated O7.O8.2O24 pertaining to issuance of SC (Mala) Caste Certificate in accordance to law within a period of two (O2) weeks from the date of the receipt of copy of the order and pass appropriate orders and duty communicate the decisaon to the petitioner.

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For counter of the respondents, list the writ petition on 30.12.2024,, .

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Th learned Assrsta nt Govern ment Pleader for ial el e ln nb lf of es ent N s.1 d bri s n rd th r rn a 24 12. 24 s on ntN 2an 3 vt rN c3 33 24 t EA ition olle r Ra na trl a d e n ara r ha extr d

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hereunder:

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" After careful analysls oF the enquiry findings given by the RDO-Vemulawada, it is revealed that as per school record admission registers, the caste name of applicants, fathers and grandfathers was recorded as Uppara caste which comes under Backward Classes community under Group-D at Serial No.31 as per G.O.Ms.No.3, Backward Classes Welfare (B) Department, dated 09.09.2020. Therefore, the

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request of Dr.B.R.Ambedkar Yuvajana Sangam, Nimmapalli (V) Konaraopeta (M) for issue of SCMala community certificates to the concerned, merits no consideration and accordingly, the representation stands disposed."

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A bare perusal oF the proceedings Lr.No.C3/23312024 dated 24.1?-.2024 issued in pursuant to the orders of this Court dated 06.12.)-024 passed in I.A.No.1 of 2024 in the present W.P.No.32712 of 2024 clearly indicates that petitioners representation dated 01 .O8.2024 pertaining to issuance of SC Mala Caste certificates has been considered and rejected observing that the said request merits no consideration.

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Learned counsel a DDEarino on behalf of the petitioners submits that the Detitioners mav be permitted to challenqe the proceedanqs Lr.No.C3l233l2O24 dated 24.12.2024 bv filinq a fresh writ^petition.

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7, Learned Assistant Government Pleader for Social Welfare, appearing on behalf of respondent Nos.1 and 2 submits that the petitioners may be given liberty to challenge the proceedings Lr.No.C3l233/2O24 dated 24.72.2024 issued

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in compliance of the directions^{of this Court dated 06.12.2024} passed in I.A.No.1 of 2024 in the^{presentwrit petition.}

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Learned counsel appearing on^{behalf of the petitioners} does not dispute the said^{submissionmade by the learned} Assistant Government Pleader for^{SocialWelfare, appearing} on behalf of respondent^{Nos.1 and 2.}

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9. TAKI G INTO CO NSIDERA TI^ON:

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a), The submissions made^{by thelearned} counsel appearing on behalf of the^{petitioners and} learned Assistant Government Pleader for^Social Wetfare, appearing on behalf of^{respondentNos.1} and 2,

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b). The interim order^{passed by this Court} on O6.12.2O24 in LA.No.l oJ^{2024 in the present writ} petition.

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c). The contents of the proceedings vide Lr.No.C3lZ33l2O24^{dated 24-l-2.2O24 issued by} the Additaonal Collector,^{Raianna Siricilla, the writ} petition is disposed of giving liberty to the^petitioners to challenge the^{said proceedingsdated 24.L2.2O24} issued in compliance of the orders of this^{Court dated}

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O6.L2.2O24 passed in I.A.No.1 ol 2C.24 in the present W.P.No.32712 of 20'24. However, there shall be no

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order as to costs.

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Miscellaneous petitions, if any, pending shall stand

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closed .