Turpati Srikanth , v. Union Of India

* HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN + Writ Petition No.20882 of 2018 % 02-7-2018 # Turpati Srikanth S/o. T.Ramanaiah, Aged 20 years, Occ: Student, R/o H.No.2/236, Bhupal Nagar, Nandanapalli (V), Kurnool (M) & District ... Petitioner Vs.

$ 1. Union of India, Rep. by its Secretary, Dept. of Health and Family Welfare, New Delhi

2. The Director, National Eligibility-cum- Entrance Test (UG), Central Board of Secondary Education, Delhi

3. Dr. NTR University of Health Sciences, Rep. by its Registrar, Vijayawada-520 008 ... Respondents ! Counsel for the Petitioner: Mr. R.Ramanjaneyulu Counsel for Respondents 1&2: Mr. K.Lakshman, Asst. Solicitor General Counsel for Respondent No.3: Mr. T.Nageswara Rao, Standing Counsel < Gist:

> Head Note:

? Cases referred:

Nil.

HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN Writ Petition No.20882 of 2018 Order: (per V.Ramasubramanian, J.) The petitioner has come up with the above writ petition seeking the issue of a Writ of mandamus to direct the 3rd respondent to consider her candidature for admission to MBBS Course, on the basis of a community certificate that he already has and not to insist upon a fresh community certificate.

2. Heard Mr. R.Ramanjaneyulu, learned counsel for the petitioner and Mr. T.Nageswara Rao, learned Standing Counsel for the 3rd respondent/University.

3. The petitioner holds a caste certificate issued by the Tahsildar to the effect that he belongs to Budaga Jangam caste which is classified as a Scheduled Caste. The petitioner also holds "Community, Nativity and Date of Birth Certificate" issued on 29-01-2004 by the Mandal Revenue Officer, Pagidyala Mandal, Kurnool District. The petitioner's sister has also been issued with a similar certificate on 15-6-2006 and these certificates have not so far been cancelled.

4. But it appears that the University is now insisting on a fresh caste certificate. But the difficulty for persons like the petitioner is that after the bifurcation of the State, no efforts have been taken to issue fresh certificates. The law is well settled that once a community certificate has been issued

by an authority competent to issue the same and so long as the same is not cancelled, the certificate holds good. Therefore, the writ petition is disposed of directing the respondents to accept the caste certificate produced by the petitioner, as long as it is not cancelled by any authority. The interlocutory applications, if any, pending in this writ petition shall stand closed. No costs.

___________________________ V.RAMASUBRAMANIAN, J.

_______________________________ KONGARA VIJAYA LAKSHMI, J.

02nd July, 2018.

Ak Note:- Issue C.C. today.

(B/o) Ak

HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN Writ Petition No.20882 of 2018 (per VRS, J.) 02nd July, 2018.

(Ak)