High Court for State of TelanganaWP/8714/2015disposed of no costs

K.Nageswara Rao v. The State Of Telangana

2015-03-31Challa Kodanda Ram3 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO.8714 of 2015 Between:

1. K. Nageswara Rao and others.

PETITIONERS AND 1.

The State of Telangana rep. by its Principal Secretary, Social Welfare Department, Secretariat, Hyderabad, and others. RESPONDENTS

ORDER:

The petitioners claim that they belonging to 'Madasi Kurva' a notified Scheduled Caste Community. Their grievance as made out in the writ petition is that they made applications on 10.12.2014, 17.12.2014, 17.12.2014, 17.12.2014, through 'Mee-seva' centre for issuance of Scheduled Caste Certificate and the same has not been processed in terms of G.O.Ms.No.2, dated 22.01.2015 and G.O.Ms.No.5, dated 8.08.2014. Hence the petitioners filed the present writ petition.

Heard learned counsel for the petitioners and learned Assistant Government Pleader for Social Welfare (T.G.) for respondents. Learned counsel for the petitioners submits that as per the Act the applications submitted by the petitioners required to be disposed of within a period of 30 days, in spite of the same, even as on today, the petitioners' applications have not been processed and disposed of.

Learned Assistant Government Pleader by drawing my attention to the letter dated 10.02.2015 issued by the Public Information Officer, Backward Classes Welfare, to Sri K. Maddileti S/o. Late Badesab intimating that 'Kuruva' and 'Kuruma' are alone in BC-B category and so far as 'Kuruva' community is concerned there is no mention in the G.O.Ms.No.1793, Education Department, dated 23.09.1970. Having considered the rival submissions and considering the fact that the petitioners are belonging to 'Madasi Kuruva' community, which is one of the notified Scheduled Caste in terms of G.O.Ms.No.2 dated 8.08.2014, the applications of the petitioners is required to be considered in accordance with the provisions of the A.P.

Scheduled Castes, Scheduled Tribes and Backward Class (Regulation of Issue of Community Certificates) Act 1993 and the Rules made thereunder. In as much as the complaint of the petitioners is that their application has not been processed, the grievance of the petitioners can be redressed by issuing an order to the competent authority, who is the Revenue Divisional Officer, Gadwal, Mahaboobnagar, the 3rd respondent herein, to process the application of the petitioners and pass appropriate orders thereon after due enquiry as contemplated under the Act and the Rules. The said exercise shall be completed within a period of six weeks from today. No costs. As a sequel, miscellaneous petitions, if any, shall stand closed. _____________________ CHALLA KODANDA RAM, J.

31st March, 2015 Js.