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2024 DIGILAW 786 (AP)

Samudrala Jithin S/o Rama Rao v. State of Andhra Pradesh

2024-07-16

GANNAMANENI RAMAKRISHNA PRASAD

body2024
ORDER : 1. Heard Sri V. Sai Kumar, learned Counsel for the Writ Petitioner, Sri G. Arjun Chowdary, learned Asst. Government Pleader for Respondent Nos. 1 to 3 and Sri G. Vijay Kumar, learned Standing Counsel for the Health University representing the 4th Respondent. 2. This Writ Petition is filed by Sri Samudrala Jithin (minor) represented by his Natural Guardian-Mother for declaring the action of the Tahasildar, Eluru Mandal and District (Respondent No. 3) in not issuing the digital/online Local Status Certificate on or before 01.06.2024. 3. The prayer sought in the present Writ Petition is as under: “It is therefore prayed that this Hon’ble Court may be pleased to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in not issuing the online local status certificates to the son of the petitioner namely Samudrala Jithin in Form-III as per G.O.Ms. No. 132 & 133, GA (SPF & MC) Department dated 13.06.2016 and circular Memo No. 4136/SPF & MC/2015-5 dated 18.08.2016 along with bar code as required for admission with the educational institutions more particularly with the YSR University of Health Sciences i.e., the 4th respondent herein as illegal arbitrary and also oppose to all cannons of justice consequentially direct the 3rd respondent to issue online local status certificates to the son of the petitioner namely Samudrala Jithin in Form-III as per G.O.Ms. No 132 & 133 GA (SPF & MC) Department dated 13.06. 2016 and circular Memo No. 4136/SPF & MC/2015-5 dated 18.08.2016 along with bar code by directing the 4th respondent to accept the same and pass such other order or orders may deem fit and proper in the circumstances of the case.” 4. Facts as presented by the learned Counsel for the Writ Petitioner: Sri V. Sai Kumar, learned Counsel for the Writ Petitioner has submitted that the present Writ Petition is filed by one Sri Samudrala Jithin (minor) represented through his natural guardian-mother Dr. T (S) Sujatha, who is working as a Lecturer in Government College at Eluru. 5. The mother of the Writ Petitioner was transferred from Telangana to Andhra Pradesh vide G.O.Ms. No. 18, Higher Education (CE) Department dated 29.06.2022 (Ex.P.4); that as per the G.O.Ms. T (S) Sujatha, who is working as a Lecturer in Government College at Eluru. 5. The mother of the Writ Petitioner was transferred from Telangana to Andhra Pradesh vide G.O.Ms. No. 18, Higher Education (CE) Department dated 29.06.2022 (Ex.P.4); that as per the G.O.Ms. No. 132, General Administration (SPF&MC) Department, dated 13.06.2016 (Ex.P.1) a facility was provided to consider the students as local, who migrate from Telangana to Andhra Pradesh or vice versa, if such migration is done within a period of three years from 02-06-2014. This G.O.Ms. No. 132, General Administration (SPF&MC) Department, dated 13.06.2016 (Ex.P.1) stood amended vide G.O.Ms. No. 171 General Administration Department dated 20.11.2017 (Ex.P.6) to the effect that the period to be considered as local was enhanced from three years to five years. This G.O.Ms. No. 132, General Administration (SPF&MC) Department, dated 13.06.2016 (Ex.P.1) is issued by following the order of the President of India dated 09.06.2016; that vide Memo No. 4136/SPF&MC/2015-9 dated 03.09.2016 (Ex.P.3), it is mandatory to produce Local Status Certificate and Caste Certificate by making an Application in accordance with terms and conditions as mentioned in the said Memo. 6. It is further submitted that as per the Writ Petitioner, he was studying at Rajahmundry and had completed the Intermediate Course and he being desirous of pursuing medical course, had participated in the NEET UG-2024 examination conducted by the Union of India and got qualified for seeking admission in MBBS; that in compliance with the G.O.Ms. 6. It is further submitted that as per the Writ Petitioner, he was studying at Rajahmundry and had completed the Intermediate Course and he being desirous of pursuing medical course, had participated in the NEET UG-2024 examination conducted by the Union of India and got qualified for seeking admission in MBBS; that in compliance with the G.O.Ms. No. 132, General Administration (SPF&MC) Department, dated 13.06.2016 (Ex.P.1) and the Memo No. 4136/SPF&MC/2015-9 dated 03.09.2016 (Ex.P.3), the mother of the Writ Petitioner had made an Application through online on 20.05.2024 through Grama Sachivalayam for obtaining (i) Caste Certificate (ii) Local Status Certificate; however, the Grama Sachivalayam portal maintained by the Respondent Authorities had accepted the Application for Caste Certificate, but did not accept the Application for Local Status Certificate due to a technical snag; since an Application for Caste Certificate, that was uploaded, was accepted, the Caste Certificate came to be issued on 20.05.2024 itself (filed along with Memo dated 15.07.2024); whereas, since the Application for Local Status Certificate could not be uploaded online through Grama Sachivalayam due to the technical snag, the mother of the Writ Petitioner had approached the District Collector and submitted a Representation (Ex.P.14) seeking issuance of Local Status Certificate; that in pursuance of the said Representation, a direction was issued by the District Collector, Eluru District (Respondent No. 2) to the Tahsildar, Eluru Mandal (Respondent No. 3) to issue hard-copy of Local Status Certificate (Offline Certificate) on 14.06.2024 (Ex.P.13). 7. It is further submitted that as per the Notification, the Local Status Certificate is required to be obtained/procured on or before 01.06.2024; therefore, the Writ Petitioner is unable to comply with two requirements as required by the Respondent No. 4 (Health University) inasmuch as the Local Status Certificate is a hard-copy (Offline Certificate) and not an digital/online Certificate with bar-code, and that the said Certificate (hard-copy) has been obtained only on 14.06.2024, but not on or before 01.06.2024. 8. It is also stated by the learned Counsel by the Writ Petitioner that the mother of the Writ Petitioner, who was working as a Lecturer in Government College, was assigned the Election Work at Rajahmundry and that she was on Election duty from 11.05.2024 up to 04.06.2024. 8. It is also stated by the learned Counsel by the Writ Petitioner that the mother of the Writ Petitioner, who was working as a Lecturer in Government College, was assigned the Election Work at Rajahmundry and that she was on Election duty from 11.05.2024 up to 04.06.2024. Vide proceeding bearing Memo No. 5104/A3/2024, Dated:11.05.2024, the Returning Officer, 50-Rajahmundry City A.C and Commissioner of Municipal Corporation of Rajamahendravaram has drafted the mother of the Writ Petitioner for Election duty as Presiding Officer for the General Election-2024 for the Lok Sabha and Andhra Pradesh Legislative Assembly held for “50-Rajahmundry City Assembly Constituency” and “8-Rajahmundry Parliamentary Constituency” (this document is filed along with Memo dated 15.07.2024). It is also stated that the mother of the Writ Petitioner was also posted for “Counting Duty” at Adikavi Nannayya University, Velugubanda village, Rajanagaram Mandal and was asked to attend for first training on 27.05.2024 and second training on 02.06.2024. The mother of the Writ Petitioner had attended for counting of votes held on 04.06.2024 (photo copies of the Identity Card as Counting Officer and the other Proceedings are filed along with Memo dated 15.07.2024). 9. Sri Arjun Chowdary, learned Asst. Government Pleader for Revenue representing the Respondent Nos. 1 to 3 had confirmed the issuance of the Caste Certificate (Community, Nativity and Date of Birth Certificate) on 20.05.2024. He had also confirmed the fact that the mother of the Writ Petitioner herein is working as a Lecturer in Government Degree College. Learned Asst. Government Pleader has also confirmed the Application made by the Writ Petitioner to the District Collector on 13.06.2024, wherein it has been categorically stated that she had approached the Tahsildar for issuance of Local Status Certificate number of times, but the Tahsildar did not accept her request on the ground that he is also busy in the Election duty and he has no time to issue such certificates before the completion of the Election process (Ex.P.14). Learned Asst. Government Pleader has also confirmed that finally, the Tahsildar had issued hard-copy of the Local Status Certificate on 14.06.2024. 10. Sri G. Vijay Kumar, learned Counsel appearing for the Health University (Respondent No. 4) had contended that the last date that is fixed by the Health University (Respondent No. 4) for obtaining Local Status Certificate is 01.06.2024. Learned Asst. Government Pleader has also confirmed that finally, the Tahsildar had issued hard-copy of the Local Status Certificate on 14.06.2024. 10. Sri G. Vijay Kumar, learned Counsel appearing for the Health University (Respondent No. 4) had contended that the last date that is fixed by the Health University (Respondent No. 4) for obtaining Local Status Certificate is 01.06.2024. He would also submit that the said Certificate should be a digital Certificate (which is issued on-line) and that such Local Status Certificate should also have the bar-code. He would also submit that the purpose of insisting digital/online certificate with a bar-code is for the purpose of quick verification of the authenticity of such certificate. He would, therefore, submit that the hard-copy which is issued by the Tahsildar, that too which is offline and without bar-code, cannot be accepted by the Health University (Respondent No. 4). This apart, even assuming that the Writ Petitioner has obtained digital/online certificate with a bar-code, such certificate, if it is issued after 01.06.2024, will not be accepted by the Health University (Respondent No. 4). 11. Having considered the rival submissions and also having considered the prayer assailing the inaction on the part of the Tahsildar, Eluru Mandal (Respondent No. 3) in issuing digital/online Local Status Certificate with bar-code, this Court is called upon to decide the following Issues: (1) Whether the reasons cited by the natural guardian viz. Mother of the Writ Petitioner are genuine or not? (2) Even assuming that they are not genuine, for such lapses on the part of the natural guardian, whether a minor who is wanting to pursue a professional Course can be fastened with any disadvantage, thereby, permanently marring his future? (3) To what relief? 12. Mother of the Writ Petitioner are genuine or not? (2) Even assuming that they are not genuine, for such lapses on the part of the natural guardian, whether a minor who is wanting to pursue a professional Course can be fastened with any disadvantage, thereby, permanently marring his future? (3) To what relief? 12. ANALYSIS: The facts which are admitted herein are that the mother of the Writ Petitioner migrated from Telangana and joined as a Lecturer in Government Degree College; that the Writ Petitioner (minor) got qualified in NEET UG-2024 by securing a rank and became eligible for admission to MBBS Course; that the candidates, who secured rank in NEET UG-2024 examination, have to submit a digital/online Caste Certificate and Local Status Certificate with bar-code; that such certificates (digital/online certificates with bar-code) should be obtained on or before 01.06.2024; that on 20.05.2024, the mother of the Writ Petitioner had gone to the Grama Sachivalayam and firstly made an Application for Caste Certificate, which was accepted on the portal of Grama Sachivalayam; that, due to some malfunction (technical snag), the next Application which was sought to be made by mother for obtaining digital/ online Local Status Certificate for her son was declined; that on 20.05.2024 the Caste Certificate came to be digitally issued in response to the online application; that in the meantime, the mother of the Writ Petitioner, who was working as a Lecturer was drafted for Election duty vide Proceeding dated 11.05.2024 as a Presiding Election Officer and thereafter was also drafted for counting of votes and she had remained on duty until the counting of the votes i.e., upto 04.06.2024; that in the meantime, the mother of the Writ Petitioner had approached the Tahsildar for issuance of digital/online Local Status Certificate, but the Tahsildar had declined to oblige the same on the ground that he is also busy with Election duty; that, thereafter, the mother of the Writ Petitioner had approached the District Collector by way of Representation on 13.06.2024; that in response to such Representation dated 13.06.2024, the District Collector gave necessary directions to the Tahsildar that eventually led to the issue of offline (hard-copy) Local Status Certificate; that such offline certificate (hard-copy) does not have the bar-code and that the same has been procured only on 14.06.2024 (Ex.P.13); that, therefore, there is a likelihood of such hard-copy not being accepted by the Health University (Respondent No. 4); that the final Notification for commencing the counseling has not begin and it may be issued any time; that during the counseling the Local Status Certificate will not be accepted by the Health University (Respondent No. 4) because it is a hard-copy without the bar-code and also because it has been obtained after 01.06.2024. 13. ISSUE No. 1: Whether the reasons cited by the natural guardian viz. Mother of the Writ Petitioner are genuine or not? PREPONDERANCE OF PROBABILITY: Since the mother of the Writ Petitioner had gone to the Grama Sachivalayam for applying for the digital/online Caste Certificate and the Local Status Certificate and that the Grama Sachivalayam web-portal had accepted the Application for Caste Certificate and had eventually issued the same, this Court would accept the submission of the learned Counsel for the Writ Petitioner that the attempt made by the mother of the Writ Petitioner to procure the digital/online Local Status Certificate on 20.05.2024 is genuine. This Court would also accept the contention of the Writ Petitioner that the Application for Local Status Certificate could not be uploaded due to a technical snag. When the mother could successfully applied for Caste Certificate, there is no reason to disbelieve that the mother would have made reasonable attempt to apply for the Local Status Certificate as well. Having regard to the fact that the Caste Certificate has been issued on 20.05.2024, the preponderance of probability of the mother, simultaneously applying for digital/online Local Status Certificate is very high. Therefore, there is preponderance of very high probability that the mother would have made an attempt to apply for the Local Status Certificate on 20.05.2024 and this factor would heavily lien in favour of the Writ Petitioner. 14. Preponderance of Probability is also high in respect of the mother, immediately approaching the local Tahsildar for issuance of such certificate and that the local Tahsildar declining to issue the same on the ground that he is also very busy in the Election duties. It is a matter of common knowledge that the local Mandal Revenue Officers were drafted to Election duty and this obligation of serving in Election Duty is indispensable. Therefore, this Court would also hold that the reasons cited by the mother of the Writ Petitioner in being involved in Election duty are also genuine and therefore, timely approach before the authorities to secure the required document in a required format has been prevented by genuine causes. 15. ISSUE No. 2: Even assuming that they are not genuine, for such lapses on the part of the natural guardian, whether a minor who is wanting to pursue a professional Course can be fastened with any disadvantage, thereby, permanently marring his future? 15. ISSUE No. 2: Even assuming that they are not genuine, for such lapses on the part of the natural guardian, whether a minor who is wanting to pursue a professional Course can be fastened with any disadvantage, thereby, permanently marring his future? The Writ Petitioner is a minor and therefore, this Writ Petition is filed in the representative capacity by the mother (natural guardian). The prayer sought in the instant Writ Petition, if declined, would result in preventing the Writ Petitioner who is the minor in securing admission to MBBS or any other course as per his merit. It is an admitted fact that the Writ Petitioner has also secured the rank and that the probability is very high of he getting admission in either MBBS Course or in any other Course. Under these circumstances, the moot question that arises is whether the acts of the natural guardian could adversely bind a minor? Although, this Court had held that the mother was prevented by genuine causes from obtaining a digital/online Local Status Certificate, whether this Court should invoke the parents patriae principle. 16. Even assuming that there are serious lapses on the part of the natural guardian, this Court is of the firm opinion, which is based on facts, that such lapses cannot and shall not bind a person who is a minor. In this case, there were no such lapses. Rather the Grama Sachivalayam portal had a malfunction that prevented the 2nd Application for seeking Local Status Certificate from being uploaded. This apart, it was the “call of duty” for the mother, who had attended the election duties, which could also be a reasonable cause that prevented the mother from approaching the authorities in a timely manner. While invoking the doctrine of parents patriae, this Court could only act in the best interest of minor and to go all-out to provide whatever relief that can be given within the four corners of law. 17. In the present facts and circumstances, this Court is of the view that it should invoke the doctrine of parents patriae to provide succor to the Writ Petitioner, who is a minor. 18. ISSUE No. 3: To what relief? Sri G. Vijay Kumar, learned Counsel representing the Health University (Respondent No. 4) had fairly stated that the Notification for counseling had not begun. 18. ISSUE No. 3: To what relief? Sri G. Vijay Kumar, learned Counsel representing the Health University (Respondent No. 4) had fairly stated that the Notification for counseling had not begun. He had stated that the Notification for counseling may be issued any time. When this Court had held that the natural guardian of the mother had made all reasonable attempts to secure the digital/online Local Status Certificate with bar-code well before 01.06.2024, this Court had also considered the other reasons to hold that she had made reasonable attempts by firstly approaching the Tahsildar and later the District Collector and such attempts are also genuine. This Court has already invoked the doctrine of parents patriae to provide relief to the Writ Petitioner keeping in mind the best interest of the minor. 19. In the above premise, this Court shall issue the following directions: (i) The Tahsildar, Eluru Mandal (Respondent No. 3) is directed to issue digital/online Local Status Certificate with bar-code within four days from today. The mother of the Writ Petitioner may accordingly approach the Tahsildar at the earliest. (ii) The Health University (Respondent No. 4) shall aid and assist the Writ Petitioner through his natural guardian (mother) to upload the digital/online Local Status Certificate with bar-code. (iii) The digital/online Local Status Certificate with bar-code of the Writ Petitioner shall be accepted without reference to the date of issue under the peculiar facts and circumstances as a onetime measure. (iv) It is clarified that this direction shall not be treated as a binding precedent if facts and circumstances are not identical. 20. With these observations and directions, this Writ Petition stands allowed. No order as to costs. 21. Interlocutory Applications, if any, stand disposed of in terms of this Order.