1. Burgula Narsimlu v. 1. State of Telangana
Case Details
Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit fited therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction, declaring the action of respondent No.2 in passing the order dated 20- 03-2025 U/ s. 5 (1) of T.G. (S.C, ST and BC) Regulation of issue of Community Certificates Act 16 of 1993, and the subsequent notification No.C3/5695/2024 dated 20-03-2025 and the consequential memo issued by respondent No.4 University Memo No.2498/Exams/2025 dated 1210512025 cancelling the admission of the petitioner No.2 with lD No.TNAP-2024-16 as illegal, arbitrary and in violation of principles of natural justice and set aside the same. lA NO: 1 OF 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 grant lnterim Suspension of the memo issued by respondent No.4 University lVlemo No.2498lExamsl2025 dated 1210512025 cancelling the admission of the petitioner No.2 with lD No.TNAP-2024-16 and permit the petitioner No.2 to appear in the examination from 19-05-2025 lo 23-05-2025 with lD No.TNAP- 2024-l6pending disposal of the writ petition. lA NO: 2 OF 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 grant lnterim Suspension of the impugned order dated 20-03-2025 and the notification No.C3/5695/2024 dated 2O-03-2025pending disposal of the writ petition. c o u n s e I ro r th e P e ti t i o *'' f, :lSiE ilifEt?,ff S,ffi,ik,'" t'' Counsel for the Respondents No.'tto3&5 : GP FOR SOCIAL WELFARE Counsel for the Respondents No.4 : SRI VEDA VIKAS MUDIRAJ The Court made the following: ORDER THE HON'BLE SRI JUSTICE J. SREENIVAS RAO' WRIT PETITION No.15143 of 2o25 ORDER: This Writ relief:- Petition is filed seeki4g the following "to issue a Writ of Mand-amus or an11 other appropriate uit order or direction declartnq the action of respondent No.2 in passinq the order dated 2O.O3.2O25 U/s. 5 (1) of T.G (5.C, ST and BC) Regulation of issue of Communitu Certificates Act 16 of 1993, and the xtbsequent n,otification No.C3/ 5695/2024 dated 20.03.2025 and the consequentiol memo issued b11 respondent No.4 Uniuersitg Memo No.2498/ Exarns/ 2025 dated 12.05.2025 cancelling the odmission of the petitioner No.2 with ID No.TNAP-2024-16 os illeqol, arbitraru and in uiolation of pinciples of natural justice and set aside the same."
2. Heard Sri K.Chakradhar Reddy, learned counsel representing Ms.Ch.Shravani, learned counsel for the petitioners, learned Assistant Government Pleader for Social and Tribal Welfare appearing for respondent Nos.1 to 3 and 5, Sri.Veda Vikas Mudiraj, learned standing counsel appea-ring for respondent No.4. With their consent, this writ petition is taken up for disposal at the stage of admission itself.
3. Learned cor.rnsel for the petitioners submits that petitioners belong to Schedule Tribe-Naikpod caste and 2 the petitioner No.2 is pursing Polytechnic Diploma in Agricultural frorn Dr.Rarna Naidu Vignan Jyothi Agricr.rltural Polytechnic College, Tuniki, affiliated to respondent No.4 University. The petitioner No.2 had paid fees for I year II sernester exarninations for the academic year 2024-25 and the said examinations are scheduled from 19.O5.2025. Learned counsel for the petitioners fi-rrther subrnits that respondent No. 2 , without following the procedure as contemplated under the provisions of Telalgana Schedule Castes, Schedule Tribes and Backward Classes Regulation of Issue of Commlrnity Certificates Act, 1993 (hereinafter referred as 'ttre Act'), cancelled the comrnunity certificate of the petitioner No.2, uide proceeding dated 2O.O3.2O25, Pursuant to the said proceeding, respondent No.4 issued memo dated 12.05.2025, and cancelled the petitioner No.2 ID No.TNAP-2024-16. The copy of the order dated 20.O3.2025 passed by respondent No.2 was received by petitioners on 1O.O4.2025. \ 3
4. Learned counsel for the petitioners submits that by virtue of memo dated 12.O5.2025, issued by respondent No.4, the petitioner No.2 is precluded to appear in the examination scheduled on 19.05.2025 and if this Court does not permit the petitioner No.2 to write the above said examinations, she would be put to great hardship'
5. Learned Assistant Government appearing for respondent Nos.l to 3 and 5 submits that as per the provisions of the Act, petitioners without availing the remedy of filing an appeal before the Appellate Authority/Government, straightaway approach this Court, by way of filling this writ petition and the same is not maintainable under law.
6. Learned Standing Counsel appearing on behalf of respondent No.4 subrnits that pursuant to the order dated 2O.O3.2O25, respondent No.4 issued impugned memo dated 12.05.2025 and cancelled the admission of the petitioner No.2 and the same is va-lid under law' 4
7. At this stage, learned counsel for the petitioners prays this Court to permit the petitioners to file appeal before the appellate authority and in the rneantime, petitioner No.2 may be permitted to writ examinations l.e I year II semester for the acadernic year 2024-25, scheduled frorn 19.O5.2O25.
8. Having considered the submissions made by the respective parties and upon perusal of material available on record, it reveals that as per Section 1O of the Act, there is the statutory remedy of filing of an appeal before the appellate authority/ Government arld in the case on hand, the petitioners, without availing the said rernedy, straightaway approached this Court by filing this writ petition arrd the same is not maintainable under law
9. However, taking into consideration peculiar facts and circurnstances of the case and also to render substantial justice to the petitioner No.2, who is a student pursuing Polytechnic Diploma corlrse, this Court deerns it -/ .'. appropriate to grant liberty to the 5 petitioners to file an appeal before the appellate authority/Government within 1n period of two (O2) weeks frorn the date of receipt of a copy of this order. In the meantime, the respondent No.4 is directed to perrnit petitioner No.2 to appear in the I year II semester examinations for the academic year 2024-25, scheduled from 19.05.2025. However, respondent No.4 is directed not to declare the result of the petitioner No.2, as such, the said result shall be subj ect to the outcorne of the appeal, sought to be filed by the petitioners.
10. Accordingly, the writ Petition 1S disposed of. No costs. Pending miscellaneous applications, if any, shall stald closed I/TRUE cOPY/l SD/- A. SREENIVAS REDDY ASSISTANT RFGISTRAR /i sEcrEN oFFICER To,
2. J.
6. ThePrincipalsecretary,socialandTribalWelfareDepartment'Stateof Telangana, Hyderabad. The District Collector, Kamareddy. TheDistrictLevelscrutinyCommittee,ofiiceofDistrictCollector,Kamareddy. The Reoistrar, Administrative office, Professor Jaya-shankar Telangana ngicJriri" iinii,ersiti, Rajenara Nagar, Hvderabad - 500 030 The Tahsildhar, Mohammed Nagar Mandal, Kamareddy One CC to SRI CHENNABOINA SHRAVANI, Advocate' [OPUC] I! I
7. Two CCs to cP FOR SOCIAL WELFARE, High Court for the State of Telangana. [OUT]
8. One CC to SRI VEDA VTKAS MUD|RAJ, Advocate. [OPUC] 9. Two CD Copies. BSK GJP HIGH COURT DATED:1410512025 \ ORDER WP.No.15143 ot 2025 VACATION COURT ', ):l:. I I s -Ql,' (4t I ! i \ ._) -)kC\ r.. r \ DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,/3 4 I b ,/6