High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the clrcumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of l\rlandamus declaring the actions of the respondent no.2 and 3 in not considering the BC-D certificate of the Petitioner herein under OBC category for the admission in BA-LLB course in law colleges under Category-B pursuant to the notification daled .25 .O2 .2O2 5 as illegal, arbitrary, unjust and violative of articles 14, 15(4) and 21 of the Constitution of lndia and consequentially direct the respondents no.2 and 3 to direct the private law colleges to consider the admission of Petitioner herein in the BA LLB course under OBC category in the interest of justice. lA NO: 1 OF 2A25 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 direct the responden: no.2 herein to consider the admission r)f petitioner herein in the BA LLB course a1d pass other order or orders in the interest of .iustice. Counsel for the Petitioner : SRI V.T.KALYAN, rep., SRI KORE VISHWANATH Counsel for the Respondent No.1 : GP FOR HIGHER EDUCATION Counsel forthe Respondent No.2 : SRI A.P.SURESH BABU Counsel for the Respondent No.3 : SRI M.SRINIVAS REDDY The Court made the following: ORDER THE HON'BLE MRS. JUSTICE SUREPALLI NANDA P.N .33 7 25 ORDER: Heard Sri V.T.Kalyan, learned counsel representing Sri K,Vishwanath, learned counsel on record appearing on behalf of the petitioner, learned Government Pleader for Higher Education appearing on behalf of Respondent No.1, Sri A,P, Suresh Babu, learned counsel appearing on behalf of Respondent No.2 and Sri M. Srinivas Reddy, learned counsel appearing on behalf of Respondent No.3.

2. The Petitioner a DD roa ched this Court see kin ot h e player as under : "To issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the actions of Respondent Nos.2 and 3 in not considering the BC-D certificate of the Petitioner herein under OBC category for the admission in BA-LLB course in law colleges under Category-B pursuant to the notification dated 25.02.2025 as illegal, arbitrary, unjust and violative of articles 14, 15(4) and 21 of the Constitution of India and consequentially direct the respondents 2 and 3 to direct the private law colleges to consider the admission of petitioner herein in the BA LLB course under OBC category in the interest ofjustice and to pass such other order..." 2 SN,] WP No.13107 202 5

3. The cast: of the petitioner in brief, is that the Petitioner belongs to BC-D, Sub-caste Linga Balija which is notified by the government of Telangana by G.O.MS.No.16 dated 11.03.2015 and the petitioner is holding the said BC-D Certificate issued by the competent authority, however the said caste is not notified in the central OBC list. It is further the case of the petitioner that petitioner scored 42o/o in intermediate exams, which is sufFicient to take admission in BA.LLB Course in the State of Telangana under B Category for the OBC candidates but however several colleges are rejecting the application of the petitioner for the admission on the ground that the petitioner is not submitting the Central OBC certificate along with BC certificate issued by the state government. Thereafter, the petitioner approached respondent Nos. 2 and 3 to consider the admission of the petitioner without insisting for the central OBC certificate, however same was not considered by the respondents. Aggrieved by the same the petitioner preferred the present writ petition.

4. Perused the record. DISCUSSION AND CONCLUSION: I I I I 3 SN,J WP No.33107 2025

5. Learned counsel appearing on behalf of the petitioner submits that the respondents are not considering the BC-D certificate of the petitioner herein under OBC category for the admission in BA LLB course in private law colleges under category-B pursuant to the notification dated 25.02.2025. The petitioner herein belongs to Backward class in Telangana i.e., BC-D, sub caste 'Linga Balija' which is notified by the Government of Telangana by G.O.Ms.No.16 dated 11.03.2015. The petitioner is in possession of Group-D caste certificate from the concerned authority vide Certificate No.CND022224571L55 dated 17.11.2022, confirming that the petitioner belongs to Linga Balija (BC-D) community, which is recognized as a backward class in the State of Telangana. Learned counsel appearing on behalf of the petitioner further submits that the petitioner herein scored 42o/o in Intermediate examinations and is willing to take admission in BA.LLB course in the private colleges under category-B and as per the eligibility criteria issued by the respondents vide notification dated 25.02.2025, a candidate of OBC must possess 42o/o in intermediate and as such, the petitioner is eligible under OBC category. The petitioner approached several private colleges 4 SN,J WP No.13107 2025 for admission in Category-8, but the petitioner was directed to produce OBC certificate in addition to BC-D certificate. The petitioner made an application for OBC Certificate ihrough portal, but the same was not accepted as the said caste of the petitioner is not listed in OBC category by the Central Government. The petitioner approached the respondents and requested to consider the petitioner's BC-D certificate under OBC cat='gory for the admission in BA LLB Course in law colleges under category-B pursuant to th'3 notification dated 25.02.2025, bui however, the request oF the petitioner was not considered by ther respondents as on date, and hence petitioner is entitled for the relief as prayed for in the present lvrit petition.

6. Learned Standing Counsel appearing on behalf of the 3'd respondent University submits that the Writ of Mandamus as sought for by the petitioner cannot be issued in view of the fact that the petitioner did not represent to the Respondent University as on date and hence there is no inaction on the part of the respondent unit in considering the grievance of the petitioner as put for by the petitioner in the present writ petition as alleged by the petitioner herein. The tearned standing counsel I - I \ 5 SN,J wP No.33107 2025 further submits that if the petitioner submits a detailed representation putting forth petitioner's graevance as put forth in the present writ petition, the 3'd respondent university would consider the same in accordance to law, within a reasonable period and pass appropriate orders. 7, The learned counsel appearing on behalf of the petitioner does not dispute the said submission made by the learned standing counsel appearing on behalf of the respondent university.

8. Takinq into consideration: (A) The aforesaid facts and circumstances of the case, (B) The submissions made by the learned counse! appearing on behalf of the petitioner and learned standing counse! appearing on behalf of the respondent university, The writ petition is disposed of directing the petitioner to put forth the grievance of the petitioner as put forth in the present writ petition by giving a detailed representation to the 3'd respondent university herein seeking to consider the BC-D certificate of the petitioner 6 sN,l wP No.33107 2025 herein under OBC category for the admission in BA LLB course in law colleges under Category-B pursuant to the notification dated 25.O2.2025, within a period of one (O1) week from the date of receipt of a copy of the order and upon receipt r:f such representation, the 3'd respondent is directed to <:onsider the said representation and pass appropriate orders on the request of the petitioner for considering the BC-D certificate of the petitioner under OBC category pursuant to the notification dated 25.O2,2O25 issued by the 3'd respondent herein, in accordance to law and duly communicate the decision to the pr:titioner herein within one (O1) weelc thereafter, However, there shall be no order as to costs. Miscellarreous petitions, if any, pending shall stand closed. i/TRUE COPY// SD'.T.SRINIVAS REDDY iSTANT REGISTRAR \T SECTION OFFICER .t To,

1. The Principal llecretary, Department of Higher Educatio', State of Telangana, Dr B R Anibedkar Secietariat Hyderabad Telangana Stijte'

2. The Telangana Council of Higher Education, Masabtank. Hyderabad' 3. The Registrar. Osmania University, Hyderabad Telanga'ra. 4. One CC to SF:l KORE VISHWANATH, Advocate. [OPUt]l "i,.,,B*r!, - I i

5. Two CCs to GP FOR HIGHER EDUCATION ,High Court for the State of Telangana. [OUT]

6. One CC to SRI A.P.SURESH BABU, Advocate. [OPUC] 7. One CC to SRI M.SRINIVAS REDDY, Advocate. IOPUCj 8. Two CD Copies. BSK M HIGH COURT DATED:31 11012025 CC TODAY 6#% st$ \[\\ li tt- ,/n II .-) ti L)\.r. , '.:, {.t-.til1!'}2 a,:. l/i \\ -). I ORDER WP.No.33107 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT C:C,STS t t I ,.j