Research › Search › Judgment

Andhra High Court · body

2019 DIGILAW 282 (AP)

T. S. Satesh Kumar, S/o. T. S. Shanmugam v. State of Andhra Pradesh, Rep. by its Principal Secretary

2019-10-16

T.RAJANI

body2019
ORDER : (T. Rajani, J.) This petition is filed seeking to declare the action of the 2nd respondent in not treating the petitioner in reserved category under BC-D and not including his name in the provisional Selection List for the post of Driver Operator in the 3rd respondent-Department in pursuance of the Notification in Rc.No.110/R&T/Rect.2/2018, dated 25.01.2019, as illegal and arbitrary. 2. Heard the counsel for the petitioner and the Government Pleader appearing for the respondents. 3. The counsel for the petitioner submits that the petitioner has applied for the post of Driver Operator in the 3rd respondent-Department, but he belongs to non-creamy layer and that he was not given appointment against the said category. He also submits that merit list was published and immediately thereafter selection list was also published. He draws the attention of this court to the notification wherein under clause 5(c), it was stated as under: “c) Candidates belonging to Backward Classes who belong to Creamy Layer’ are eligible to avail relaxation in age but not the quota for reservation. They should submit the Community certificate in the format given in Annexure-II. In case of failure to produce the Non-Creamy Layer Certificate on the date of verification of Certificate, the candidate’s candidature will be considered under “Open Competition”, if otherwise eligible, and the status cannot be changed later, at the candidate’s will or choice, in any case.” He further contends that if verification of Certificates was done, the petitioner would have produced the Certificate and his Certificate would have been verified and he would have been made eligible for appointment against the category of non-creamy layer. 4. The Government Pleader on the other hand draws attention of this court to clause 5(b) of the notification, which reads as under: “b) Only those candidates belonging to Backward Classes who do not belong to Creamy Layer’ as defined in G.O.Ms.No.3, Backward Classes Welfare (C2) Department, dated 04.04.2006 and G.O.Ms.No.26, Backward Classes Welfare © Department, dated 09.12.2013 will be eligible to avail reservation. They should submit the certificate in the format given in Annexure-III regarding their exclusion from the Creamy Layer from the competent authority (Tahsildar) along with the Community Certificate in the format given in Annexure-II.” He also draws attention of this court to the acknowledgment of the Certificates given by the officer, wherein under the column provided for any other documents, it was mentioned as ‘NA’, which means, ‘Not Applicable’. The argument is that no Certificate, which belongs to Non-Creamy Layer, is produced and hence, the petitioner would be out of the purview against the said Category. 5. This court finds some force in the said argument. The argument of the petitioner’s counsel, that clauses b and c have to be read together, is no doubt valid. A reading of both the clauses together would only mean that the indication that the petitioner belongs to non-creamy layer has to be made in the application only for appointment against the non-creamy layer category. If he does not indicate as such, the question of verifying his Certificate pertaining to non-creamy layer does not arise. A certificate would be verified only when they are annexed along with the application. 6. In view of the above, this court does not find any merit in this writ petition. With the above observations, the writ petition is dismissed. As a sequel, the miscellaneous applications, if any pending, shall stand closed.