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2019 DIGILAW 31 (AP)

Thimmapuram Munaiah v. State of Andhra Pradesh

2019-03-05

G.SHYAM PRASAD

body2019
ORDER : G. Shyam Prasad, J. 1. This writ of mandamus is filed by the petitioner under Article 226 of the Constitution of India to declare the list of beneficiaries, dated 4.2.2019 prepared by the 3rd respondent with ineligible persons for extending subsidies under Self Employment Transport Sector Scheme for Ananthapur District, as arbitrary and illegal and the petitioner thereby sought for direction to the respondents 2 to 4 to prepare the list of beneficiaries with eligible persons for sanctioning subsidies under Self Employment Transport Sector Scheme. 2. The State Government of Andhra Pradesh has initiated Schedule Class Artisans Assistance Scheme. The primary objectives of scheme are; (1) Minimization of human drudgery, (2) Enhancement of productivity and production levels, (3) Improvement of product/service quality, (4) Increasing income levels of Schedule Class People, (5) Modernization of process operations, and (6) Improving competitive abilities of Schedule Class persons and essentially focus on providing loan with bank linkage for procurement of hand tools, hand held powered tools and small equipment. The project is implemented throughout the State in all Mandals/Municipalities/Municipal Corporations depending on Schedule Class Population of the respective Districts. On the recommendations of the Ministers for implementation of Self Employment Scheme, the concerned department issued G.O. Ms. No. 10, dated 31.12.2013 and thereby issuing guidelines for implementation of scheme. Respondents 1 and 2 have sanctioned loan to prospective Schedule Class self-employed eligible persons under the NSFDC Scheme. In the month of February, 2019, respondents 3 and 4 have prepared a list of proposed beneficiaries for granting loans. The name of the petitioner was not there in the list of beneficiaries. The petitioner claims that he secured 32 marks as per his information in the test conducted by the respondents 3 and 4. The District Collector (3rd respondent herein) is the Chairman of the District Monitoring Committee and the Executive Director of Andhra Pradesh State Schedule Class Co-operative Finance Corporation Ltd., Ananthapur District. 3. The petitioner has filed provisional list of selected candidates and their marks by the District Scheduled Caste Service Co-operative Society Limited, Ananthapur, 2018-2019. By filing the said document, Counsel for the petitioner submits that the persons who secured 32 marks were also selected, but the petitioner who is similarly situated who has also secured 32 marks was not selected. Therefore, the petitioner has made representation to the 3rd respondent through online on 6.2.2019. 4. By filing the said document, Counsel for the petitioner submits that the persons who secured 32 marks were also selected, but the petitioner who is similarly situated who has also secured 32 marks was not selected. Therefore, the petitioner has made representation to the 3rd respondent through online on 6.2.2019. 4. The contention of the petitioner is that less meritorious candidates have been selected as per the provisional list. Therefore, the petitioner is entitled for consideration of his representation by the 3rd respondent. 5. Learned Standing Counsel appearing for the respondents 2 to 4 submits that provisional list filed by the petitioner, dated 4.2.2019 is not the list originally prepared by the Government. Learned Counsel places reliance on the statement showing another list i.e., 'Statement showing the Provisionally Selected Candidates under NSFDC (SES) for the year 2018-19'. It is submitted that this provisional list was prepared by the respondents 3 and 4 officially and this list does not reflect that the candidates who have secured 32 marks were selected. Therefore, there is no merit in the writ petition and sought for dismissal of the petitioner's claim. 6. In the light of the submissions made by the learned Counsel for the petitioner and the respondents, there are two lists before this Court. One list is filed by the petitioner and the other list is filed by the learned Standing Counsel. The learned Standing Counsel disputes the authenticity of the list filed by the petitioner. However, there are questions of fact to be decided in this matter. In the writ jurisdiction, this Court ordinarily does not entertain the questions of fact, which are not before the Court. However, since the petitioner has submitted representation to the 3rd respondent, the 3rd respondent is directed to consider the representation of the petitioner, dated 6.2.2019 and pass appropriate orders by following the guidelines and the 3 G.Os., issued by the Government within a period of 2 weeks from the date of receipt of a copy of this order. 7. With the above observation, the writ petition is disposed of. No order as to costs. Miscellaneous petitions, if any pending in this writ petition shall stand closed.