K. Aravind Reddy v. The State of Telangana

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or Direction more particularly one in nature of a wril of Mandamus, declaring the inaction of Respondent No.4 in issuing Economically weaker section (EWS) certificate valid for the year 2023-2024, in spite of clear directions in Lr.No.C3/828/2025 Dt.19.04.2025 issued by Respondent No.2 to reconsider the application bearing No. EWS022400500156, daled 21 .O2-2024 lor issuance of Economically weaker section (EWS) certificate valid for the year 2023-2024, as illegal, arbitrary, against the Principles of Natural justice, in violation of Articles 16 and 21 of the lndian Constitution and consequently to direct the respondents to issue Economically Weaker Section (EWS) certificate valid for the year 2023-2024 in compliance with the Lr.No.C3r828/2025 Dt.19.04.2025 issued by the Respondent No.2, thereby providing opporlunity to the petitioner to submit all the relervant documents by considering the fa,:t that the petitioner was issued with EWS certificate valid for the year 2021-22, 2022-23, 2024-25 and 2025-26. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the r:ircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.4 lo reconsider the application bearing No. EWS022400500'1 56, dated 21 .02.2024 for issuance oi Economically Weaker Section (EWS) certificate valid for the year 2023-2024. Counsel for the Petitioner: SRI MOHD BASEER RIYAZ Counsel for the Respondent Nos.1 to 4:SP FOR REVENUE Counsel for the Respondent No.5: SRI P.S. RAJASHWAR, SC FOR TSPSC The Court made the following: ORDER t,/ ORDER: HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.145E5 of 2O2S This writ petition is lilcd seeking lo declare the inaction of respondent No.4 in issuing Economically Weaker Section (EWS) certificate valid for the year 2023-24, in spite of clear directions in Lr.No.C3/828 /2025, dated

19.O4.2025 issued by respondent No.2 to rcconsider the application bearing No.EWS0224005O0 1856. dated 21.O2.2024 for issuance of EWS certificate valid for the year 2023-24, as illegal, arbitrary and consequently prayed this Court for other appropriate reliefs-

2. Considered the submissions made by the learned counsel for the parties and ri.,ith thcir consent, this writ petition IS disposed of at the admission stage.

3. It is stated that the pctitioner lrclongs to economically weaker section o[ the society and made an applicatron lor issuance of EWS Certihcate through Meeseva uide application No.EWS0224005001856, dated

27.02.2024 which is valid for thc year 2023-24 to enable him to avail the benefits of the Economically Weaker Section (EWS) reservation. It is further stated that the petitioner has applied for thc Telangana State Public Service Commission (TSPSC) Group I exam, which has been nodfied by the TSPSC vide Notilrcation No.02/2O24 daled 19,02.2024, under the EWS category uide HaIl Ticket No.245803273 and secured a merit rank of 478 and in order to avaii the benefits and reservation under the EWS category, the EWS 2 CVBR,. W. P. No. 14585 of 2025 Certificatc is nr lnd:rlory- [t is further stated that e'.,et-r though [he petitioner fulfilled all the' cr>nclitions for issuance of trWS cer tificate, the respondents unilaterally rejr:cted the said application on 12.12.2024 i.e., alter more than ten months fr, rm the date of application, that too u'iLhout assigning any reasons. Aggrrr vccl by the same, the petitioner has made an applicatlon in prajavani to resrrondent No.2 on 17.O3.2025 and rcsl)ondent No.2, after due considcration, addrcssed a letter uide Lr.N,r.C3/828 12025, dated 19.O4.2025, t() -esl)ondent No.4 directing to consicer thc tlWS application submitted bl tl-c petitioncr. In pursuancc lo the said letter, the Mandal Revcnuc Officcr. dulv vcriiied the petitioner's docurrrcnts and processed the applir:ation. ho. cvcr, dr-rc to technical crror, thc IIWS ccrtificate rvas erroncousll. issu 'd for the financial year 2025-26 in:;tead of 2023-24. Even though the saicl .rrror is informed, the MRO has refused to rectify the same and since the rrotificalion is i.ssued on 19.O2.2O2 4, it is rn:lndatory to possess the llWli r,:rlrrl for Lhe year 2023-24 and as s uch pr: s this Court to direcl the respoirdt:nts to consider his case for issuz,nce of EWS Certificate valid for the financral year 2023-24.

4. Lcarncd c rur.rsc'l for the petitroner conLends Lhat rcspondent No.4- Tahsildar, u,ho is the competent authority to assess the annu:rl income of a particular family and the eligibiliry criteria in terms of the G.O.Ms.No.244 dated 24.O8.202 I has rejected the application dated 21.O2.2024 submitted by the petitioner .)n the ground of not enclosing proprrr documents, without issuing any noti, ,: to the petitioner or conducting rLny enquiry, which is w7 3 CVBR, J W.P.No.14585 of 2025 contrary to G.O.Ms.No.244 dated 24.O8.2O21 and against the principles of natural justice. He further contends that despite informing the error occurred in issuing EWS certificate for the year 2025-26, respondent No.4 has not laken any actlon.

5. Learned Assistant Government Pleader for Revenue appearing for the respondents submitted that if the petitioner makes a fresh application for issuance of EWS certillcale for the year 2023-24 by duly enclosing ail the required dcrcuments as per G.O.Ms.No.244 dated 24.Oa.2021, the rcspondents would consider the said application.

6. In view of the said submissions, this Court deems it appropriate to dispose of the writ petition permitting the petitioner to make a fresh application for issuance of trWS certihcaLe for the year 2023-2024 by duly enclosing all the required documents which are relevant for issuance of the EWS certificate as per G.O.Ms.No.244 dated 24.O8.2O21,, within a period of tcn days from today and rn,hen such an application is received, if he is otherwise eligible, entitle and fullils all the requirements mentioned in G.O.Ms.No.244 dated 24.O8.2021, respondent No.4-Tahsildar shall consider the same within a period of ten days thereafter. lf there is any shortfall in the application submitted by the petitioncr, respondent No.4-Tahsildar shall issue notice to the petitioner for complying with the said shortfall and such exercise shall be completed as per the time stipulated above. I I 4 ( CVBR, - W.P.No. 14585 of 2025

7. With thr: above observations, the Writ Petition is disposed of. There shall be no ord ( r iis to costs. Miscellan,:ous applications pending, if any, shall stand closed ,TRUE COPY// SD/. A. SRINIVASA REDDY ASSISTANT REGISTRAR secrkracea To,

1. The Principal Secretary, Revenue Department, State Secretariat, The State of Telangana, Hyderabad-500 022. 2. The District Collector, Siddipet Diskict. 3. The Revenue Divisional Officer, Jagdevpur ftr'landal, Siddipet District. 4. The Tahsildar, Jagdevpur l\rlandal, Siddipet District. 5. The Secret:rry, Telangana State Public Service Com.nission, Nampally, Hyderabad.

6. One CC to Sri l\,4ohd Baseer Riyaz, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court for the State of Telangana, at Hyderabad [OUT]

8. One CC to Sri P.S. Ra,ashwar, SC for TSPSCIOPUCI 9. Two CD Cop es TJ GJP 't '.1 / HIGH COURT CC TODAY DATED:02 tOit2O2S ORDER WP.No.14585 of 2O2S .j 9 =- T '.i\ -(S) .\ \-.$ a) C iL ,i \.: 'a', i\1 -,! =--::=' '.1 i I , I I I I l i Il DISPOSING OF THE WRIT PETITION WITHOUT COSTS ) EI *