Santhosham Ashwini S/O Rajaiah v. The State Of Telangana
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND FIFTEEN HONOURABLE SRI JUSTICE A.V. SESHASAI Between:
Santhosham Ashwini & Anr. ... Petitioners V/s.
The State of Telangana Rep.by its Prl. Secretary to Govt.
Social Welfare Department, Telangana Secretariat, Hyderabad & Ors. ... Respondents Counsel for the Petitioners : Sri C.Naresh Reddy Counsel for the Respondents : GP for Social Welfare [TG] 1 & GP for Revenue 2 and 3 The court made the following : [order follows] ` HONOURABLE SRI JUSTICE A.V. SESHASAI
O R D E R :
The writ petition is filed under Article 226 of the Constitution of India for the following relief : "To issue an appropriate writ, order or direction and more particularly, one in the nature of Writ of Mandamus i) the order dated 09/07/2015 issued by respondent No.3 as illegal, arbitrary, unconstitutional and contrary to the provisions of A.P. [SC, ST & BCs] Regulation of Issue of Community Certificates Act, 1993 and Rules, 1997.
(ii) to direct the third respondent to issue digital backward class community certificate to the petitioners as belonging to "Gandla" community and to pass such other suitable orders as this court may deem fit and proper in the circumstances of the case."
2. Heard Sri C. Naresh Reddy, learned counsel for the petitioners, the learned Government Pleader for Social Welfare for respondents 1 and 4 and the learned Government Pleader for respondents 2 and 3.
3. It is submitted by the learned Government Pleaders that the petitioners herein belong to Reddy Gandla Community but not Gandla and as such they are not entitled for any relief from this court. It is also submitted by the learned Government Pleader that the Government issued memo to the said effect.
4. It is submitted by the learned counsel for the petitioners that the issue involved in the present writ is squarely covered by the orders of this court in WP.No. 17508 of 2015 dated 6/7/2015 and a copy of the same is placed on record along with the writ petition. In the case on hand also, the petitioners herein rely upon community, nativity and date of birth certificates bearing Nos. C/4233/10 and C/4231/10 both dated 25/8/2010 issued by the Tahsildar, Chinnor Mandal, Adilabad district.
5. In the circumstances, there shall be a similar direction as in the above writ petition, which is as follows: "Since the community, nativity and date of birth certificates issued by the Tahsildar, as mentioned above, are admittedly, still in force, the respondents, shall within two days from the date of receipt of a copy of this order, furnish the petitioners a digital copy of the said certificates. It is made clear that this order shall not preclude the respondents from initiating action under section 5 of the A.P. [SC, ST & BCs] Regulation of Issue of Community Certificates Act, 1993 for cancellation of the caste certificate in favour of the petitioners, if they are of the view that the said caste certificate are false".
6. With the above direction, the writ petition is disposed of.
7. As a sequel, Miscellaneous Petitions if any, pending in this writ petition shall stand closed.
___________________ JUSTICE A.V.SESHASAI 17/07/2015 I s L HONOURABLE SRI JUSTICE A.V. SESHASAI
Date: 17/07/2015 Circulation No.
Court Master: I s L