The High Court · 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to DIRECI the responJents to consider the Application made by tre petitioner to issue the EWS C ertificate for the year 2022-2023 vide I rpplication No. EWS022200280555, I)ated 0610812023, pending disposal of the wnt petition. Counsel for the Petitioner: SRI P.VISHNUVARDHANA REDDy Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTIC EC.V.BHASKAR REDDY WRIT PETITION NO.14O 75of 2025 ORDER: This writ petition is hled seeking following relief: 'For the reasons stated tn the accompanying affidavit, it is therefore prayed that this Hon'ble Court may be pleased to lssue a Writ -of Mandamus or an-]' other appropriate Writ or Writs Order or Direction declaring the action of the 4tL Respondent for non issuance and rejecting the EWS Certificate Applicatior Dated 71lOgl2023 filed by the petitioner vide Application No' EwS022200280555, is u,holly illegal arbitrary and unreasonable and against principles of natural justice and contrary to the G-O MS 244, Dated: 24-08 2021, and set aside the same and consequently direct the respondents to consider the Application made by the petitioner to issue the EWS Certiltcate for the year 2022-2023 vrde Application No. EWS022200280555, Dated OOlOSl2O2g an<1 to pass any other or-der or orders as this Hon'ble Court mav deems fit and ptoper in the circumstances of the case "

2. It is stated that the petitioner belongs to OC Community Sub- caste 'Reddy'and hails from a poor agricultural family background and he is a farmer by occupation. It is further stated that since the annual income of the petitioner is Rs. 1,O0,0O0/- per annum, which falls below the prescribed income limit of Rs.8,00,00O/- per annum as per G'O Ms'No'244 dated

24.Oa.2O21, the petitioner is eligible to avail the beneltts of the Economically weaker Section (EWS) reservation and the petitioner meets the eligibility criteria to beneht from the 107o reservation provided under the EWS category. It is further stated that in order avail the benefits of trWS reservation, the petitioner applied for the Telangana state Public Service commission (TSPSC) Group.lII exam notihcation for the year 2022 under the EWS category uide Hall Ticket No.2293530026 and secured a merit rank of 1065 with 270.go8 marks out of 450 and in order to avail the benefits and 2 CVBR, J W.P..Vo.14O75 of 2025 reservation under the EWS category, the petitioner made an application dated 06.08.2023 to the 4ft respondent for issuance of trwi certificate for the year 2022'2023 (hnancial year 2021_2022) uicte Application No.EWS02220028ori5. The grievance of the petitioner is Lhat tn r 7 .o9.2023, the 4ft respondent rejected the said apprication withor-rt issr ing any notice on the ground of nor- enclosing proper documents. Considered the submissions made by the learnecl :ounsel for the parties and with leir consent, this writ petition is crispc secl of at the admission stagc

4. Learne<l counsel for the petitioner contends that the petitioner hails from a poor 'lgricurturar family and his family is er.ing out their livelihood by solely depending upon the returns on tl_re cr-rll ivation of the lands Learned courser further contended that the 4e responcl:nt-Tahs,dar, who is the competerlt authority to assess the annual income .f a par[icular fam y and the eJil;ibility criteria in terms of the G.o.Ms. vo.244 dated 24'o8'2021, has rejt:r:ted the application dated 06.og.2023 s,tmitted by the petitioner on the gror-rnd of not encrosing proper documents, w thout issuing any notice to the pe:itioner or conducting any enquiry, which s contrary to G'o Ms No'244 datr cr 24.og.2o2r and against the principle s of naturar justice.

5. This Corr;-t has carefully examined the impugned order dated 1l'o9'2023 in Meeseva portar uid.e Transaction ID No.TTEWS.2 22oo2gossS 3 CVBR, J W.P.No.14O75 of 2O25 rejecting the application dated 06.08.2023 submitted by the petitioner for issuanceofEWscertificatefortheyear2022-2023(frnancialyear2o2l- 20221 uide Application No.EWS0222OO28O555' Except saying that "not enclosed proper documents hence Rejected", no valid reasons whatsoever have been assigned to enable the petitioner to take appropriate action' Therefore, the impugned order dated 1 | 'Og '2023 passed by the 4d respondent is bereft of reasons and also not in consonance with the principles of natu ral justice.

6. Learned Assistant Government Pleader for Revenue appearing for the respondents submitted that if the petitioner makes a fresh application for issuance of EWS certihcate for the year 2022-2023 (financial year 2O2l-2O221 by duly enclosing all the required documents as per G.O.Ms.No.244 dated 24.Oa-2O21, the respondents would consider the said application in terms of G.O.Ms.No' 244 dated 24 'O8'2O21' 7 . In view of the said submissions, since the impugned order dated ll.Og.2O2g is not in consonance with the principles of natural justice, the same is liable to be set aside and accordingly, the same is set aside and the petitioner is permitted to make a fresh application for issuance of EWS certilrcate for the yeat 2022-2023 (financial year 2O2l-2O221 by dttly enclosing all the required documents which are relevant for issuance of the EWScertifrcateasperG.o.Ms.No.244dated24.oS.2o2lwithinaperiodof ten days from today and when such an application is received' if- h" is -- 4 CVBR, J W.P.Nc 14075 of 2025 otherwise eligible arr,:l entitle and fuiflls all the requirements mentioned in G.O.Ms.No.244 daled 24.O8.2021, the 4ft respondent-Ta rsildar shall consider the same rithin a period of ten days thereafter. 11 there is any shortfall in the appJi,:ation submitted by the petitioner, the 4t' respondent- Tahsildar shall issue a notice to the petitioner for complying with the said shortfall and such :xercise shall be completed as per the tirne stipulated above.

8. With th: above observations, the Writ Petitior-r is disposed of There shall be no or(l,ir as to costs Miscellaneous zrpplications pending, if any, shall stand cl,)sed //TRUE COPY// Sd/- A. SREET.IIVAS REDDY ASSISTANT REGISTRAR /z ,. SECl.IO\FOFFICER To of Telangana.

1. The Principal Secretary Revenue Department, Secretariat, Hycerabad, State Khammam Dislrict.

2. The District Co lector, Khammam District. Khammam, Telangatta. 3. The Revenue [)ivisional Officer, Khammam Revenue Division, (hammam, 4. The Tahsildar, K.hammam Mandal, Khammam District. 5. One CC to SRI P.VISHNUVARDHANA REDDY, Advocate tOP JCI 6. Two CCs to GF' FOR REVENUE, High Court for the State of Telangana, at Hyderabad IOLIT]

7. Two CD Copiet; PSK HIGH COURT CVBR,J DATED:0210512025 GC TODAY \ t.t .$ s, $' ,..ai C e c \ I ORDER WP.No.I4075 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS e{