Joint Seat Allocation Authority (JoSAA), 2020 v. Ebhuthi Venkata Sai Krishna, S/o. Sreenivasulu
2021-02-17
ARUP KUMAR GOSWAMI, C.PRAVEEN KUMAR
body2021
DigiLaw.ai
JUDGMENT : (Per C. Praveen Kumar, J) 1. Aggrieved by the Interim Order, dated 20.10.2020, passed in I.A. No. 1 of 2020 in W.P. No. 19027 of 2020, wherein, the Respondent Nos. 2 to 7 were directed to grant admission to the Writ Petitioner in NIT institutions, for the academic year 2020-21 based on the caste certificate of the father of the Writ Petitioner, the present Writ Appeal came to be filed by the 6th Respondent therein under Clause 15 of Letters Patent Act. 2. The facts, in issue, are as under: (i) The Writ Petitioner claims to have completed intermediate course in the month of March, 2020 and, thereafter, appeared for JEE Mains and qualified for admission in NIIT institutions under SC category. As Respondent Nos. 2 to 7 were insisting the Petitioner to produce a copy of the caste certificate, he approached the concerned authorities for issuance of a caste certificate showing the writ petitioner as belonging to Budaga Jangam caste, but in vain. Having regard to the above, the Petitioner placed before the authorities the certificate issued in favour of the father of the writ Petitioner, for admission into the said course basing on the rank obtained. The reluctance on the part of the official Respondents in issuing the said certificate made the Writ Petitioner to file the Writ Petition seeking to declare the action of the Writ Appellant in not considering his candidature under SC category for admission into NIIT institution as illegal and arbitrary. 3. By an Order, dated 20.10.2020, the learned Single Judge of this court in I.A. No. 1 of 2020 in W.P. No. 19027 of 2020, passed the following Order:- “Both the learned counsel admitted that in similar circumstances earlier in W.P. No. 1993 of 2019 and I.A. No. 01 of 2020 in W.P. No. 16433 of 2020, this Court passed interim orders. In that view and following the earlier orders, the following order is passed. The respondents 2 to 7 are directed to grant admission to the petitioner in NIT institutions for the academic year 2020-21 pursuant to the rank obtained by him in JEE Main-2020 under SC-category basing on the caste certificate of his father, subject to the result of the writ petition”. 4. Sri.
The respondents 2 to 7 are directed to grant admission to the petitioner in NIT institutions for the academic year 2020-21 pursuant to the rank obtained by him in JEE Main-2020 under SC-category basing on the caste certificate of his father, subject to the result of the writ petition”. 4. Sri. K.V. Simhadri, learned Counsel for the Appellant would submit that without hearing the Appellant, the order impugned came to be passed, which is in utter violation of principles of natural justice. He further pleads that the Order of the learned Single Judge directing the Appellant/6th Respondent not to insist on production of caste certificate of the writ petitioner but to provide admission basing on the caste certificate of the father of the Writ Petitioner is illegal and incorrect. He took us through Clause 5(A)(vii) of Business Rules for Joint Seat Allocation for Academic Programs offered by the IITs, NITs, IIEST, IIITs etc., in support of his plea. 5. Sri. T.N.M.Ranga Rao, learned Government Pleader for Social Welfare Department placed on record the judgment of a Division Bench of this Court in W.P. No. 22208 of 2020 and the provisions of Andhra Pradesh Reorganization Act, 2014, to show that the Writ Petitioner is not entitled to the relief claimed. 6. Sri. G. Venkat Reddy, learned Counsel for the Writ Petitioner, would submit that, in the instant case, the Petitioner has declared his caste in the affidavit filed in support of the Writ Petition as belonging to Budga Jangam and has also placed material on record to show that the revenue officials issued caste certificate in favour of the father of the Petitioner to that effect, which can be made the basis to provide admission to the Petitioner. He further pleads that, having regard to the conditions prevailing in the country, the Petitioner was not in a position to obtain the certificate from the concerned within the time prescribed. He further submits that in Telangana State, the persons belonging to Beda Jangam caste are being treated as Scheduled Caste and as such, the same benefit may be extended to the Writ Petitioner herein. 7. The caste certificate issued by the revenue officials in favour of the father of the Petitioner, show that he belongs to Budga Jangam Community.
He further submits that in Telangana State, the persons belonging to Beda Jangam caste are being treated as Scheduled Caste and as such, the same benefit may be extended to the Writ Petitioner herein. 7. The caste certificate issued by the revenue officials in favour of the father of the Petitioner, show that he belongs to Budga Jangam Community. But, it is to be noted here that, in Fifth Schedule to the Andhra Pradesh Reorganization Act, 2014, Beda /Budga Jangam Community has been omitted from the list of SC category. It would be appropriate to extract the same, which is as under:- “THE FIFTH SCHEDULE (See section 28) In the Constitution (Scheduled Castes) Order, 1950,–– (1) in paragraph 2, for the figures “XXIV”, the figures “XXV” shall be substituted; (2) in the Schedule,–– (a) in PART I relating to Andhra Pradesh, item number 9, shall be omitted; (b) after Part XXIV, the following Part shall be inserted, namely:–– “PART XXV.–– Telangana 1 . . . . . . . 2 . . . . . . . 3 . . . . . . . 4 . . . . . . . 5 . . . . . . . 6 . . . . . . . 7 . . . . . . . 8 . . . . . . . 9. Beda (Budga) Jangam 10 . . . . . . . 11 . . . . . . . 12 . . . . . . .” 8. Relying upon the said entry, a Division Bench of this Court vide its Order, dated 21.01.2021, in W.P. No. 22208 of 2020, rejected the request of the Petitioner therein holding as under: “Presidential Order omitting ‘Bedajangam’ community from Scheduled Caste category is placed on record. In view of the said fact, no relief may be extended to the petitioner in the writ petition. Accordingly, the Writ Petition is disposed of. No order as to costs.” 9. Further, on perusal of G.O.Ms. No. 104, dated 05.09.2019, issued by Social Welfare (CV.1) Department would show that the Government after examining the matter in detail, decided to appoint a One Man Commission headed by a senior officer belonging to Indian Administrative Service to examine the following issues:- “I. Inclusion of Beda/Budga Jangam Community people under Scheduled Castes category. II. . . . . . . . III. . .
II. . . . . . . . III. . . . . . . . IV. . . . . . . . V. . . . . . . .” 10. It is also brought to the notice of the court that till date the One Man Commission has not submitted any report to the Government. From the above, it is clear that as on day the said Beda /Budga Jangam Community is not yet included in the Scheduled Castes category in the State of Andhra Pradesh. For the aforesaid reasons, the Petitioner herein cannot claim the benefit of his caste in the State of Andhra Pradesh. 11. Therefore, viewed from any angle, we feel that the interim order directing the authorities to consider the case of the Petitioner under Beda/Budga Jangam Community, more particularly, the 6th Respondent to provide admission to the Petitioner under the said category warrants interference. 12. Accordingly, the Writ Appeal is allowed and the Interim Order, dated 20.10.2020, passed in I.A. No. 1 of 2020 in W.P. No.19027 of 2020 is set-aside. No costs. 13. As a sequel, all the pending miscellaneous applications are closed.