High Court for State of TelanganaWP/16159/2008disposed of no costs

Vinod Kumar Dolai, v. The Director, Tribal Welfare Department,

2017-09-12Raja Elango2 pages

THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.16159 OF 2008 ORDER:

This Writ Petition is filed by the petitioners seeking to declare the action of the respondents 1 and 2 in not issuing the ST community certificate to the petitioners and not completing the enquiry as per the Andhra Pradesh SC, ST and BC regulation of issue of community certificate Act, 1993 and Rules 1997, as illegal and arbitrary. The case of the petitioners is that they belong to Scheduled Tribe Community (Bentho Oriya) and they appeared for the EAMCET - 2008 and qualified in the said examination. Pursuant to securing of ranks in the EAMCET Examination, the petitioners made applications to the 2nd respondent for issuance of community certificates since they have to submit the same during counselling. But, the 2nd respondent has not taken any action on the applications submitted by the petitioners. Hence, this writ petition.

When the writ petition is taken up for hearing, learned counsel for the petitioners submitted that in view of the interim order passed by this Court on 25.07.2008 in WPMP No.20938 of 2008, the petitioners have completed their course.

Heard and perused the material available on record. The main prayer of the petitioners is for issuance of community certificates by the concerned authority for submitting the same in cousnelling. The petitioners have completed their courses in pursuance of the interim order passed by this Court. It is not the case of the petitioners that the authority concerned has refused their request for

issuance of community certificate, but it is the case of the petitioners that the authority concerned has not yet issued the certificates. Considering the above facts and circumstances of the case, this Court is inclined to pass the following order: The writ petition is disposed of directing the authorities concerned to issue community certificates to the petitioners, after completion of enquiry in accordance with law. No order as to costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J September 12, 2017 KTL