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2025 DIGILAW 662 (TS)

Burgula Narsimlu v. State of Telangana

2025-05-14

J.SREENIVAS RAO

body2025
ORDER : 1. This Writ Petition is filed seeking the following relief:- “to issue a Writ of Mandamus or any other appropriate writ order or direction declaring the action of respondent No.2 in passing the order dated 20.03.2025 U/s. 5 (1) of T.G (S.C, ST and BC) Regulation of issue of Community Certificates Act 16 of 1993, and the subsequent notification No.C3/5695/2024 dated 20.03.2025 and the consequential memo issued by respondent No.4 University Memo No.2498/Exams/2025 dated 12.05.2025 cancelling the admission of the petitioner No.2 with ID No.TNAP-2024-16 as illegal, arbitrary and in violation of principles of natural justice and set aside the same.” 2. Heard Sri K.Chakradhar Reddy, learned counsel representing Ms.Ch.Shravani, learned counsel for the petitioners, learned Assistant Government Pleader for Social and Tribal Welfare appearing for respondent Nos.1 to 3 and 5, Sri.Veda Vikas Mudiraj, learned standing counsel appearing for respondent No.4. With their consent, this writ petition is taken up for disposal at the stage of admission itself. 3. Learned counsel for the petitioners submits that petitioners belong to Schedule Tribe-Naikpod caste and the petitioner No.2 is pursing Polytechnic Diploma in Agricultural from Dr.Rama Naidu Vignan Jyothi Agricultural Polytechnic College, Tuniki, affiliated to respondent No.4 University. The petitioner No.2 had paid fees for I year II semester examinations for the academic year 2024-25 and the said examinations are scheduled from 19.05.2025. Learned counsel for the petitioners further submits that respondent No.2, without following the procedure as contemplated under the provisions of Telangana Schedule Castes, Schedule Tribes and Backward Classes Regulation of Issue of Community Certificates Act, 1993 (hereinafter referred as ‘the Act’), cancelled the community certificate of the petitioner No.2, vide proceeding dated 20.03.2025, Pursuant to the said proceeding, respondent No.4 issued memo dated 12.05.2025, and cancelled the petitioner No.2 ID No.TNAP-2024-16. The copy of the order dated 20.03.2025 passed by respondent No.2 was received by petitioners on 10.04.2025. 4. Learned counsel for the petitioners submits that by virtue of memo dated 12.05.2025, issued by respondent No.4, the petitioner No.2 is precluded to appear in the examination scheduled on 19.05.2025 and if this Court does not permit the petitioner No.2 to write the above said examinations, she would be put to great hardship. 5. 4. Learned counsel for the petitioners submits that by virtue of memo dated 12.05.2025, issued by respondent No.4, the petitioner No.2 is precluded to appear in the examination scheduled on 19.05.2025 and if this Court does not permit the petitioner No.2 to write the above said examinations, she would be put to great hardship. 5. Learned Assistant Government appearing for respondent Nos.1 to 3 and 5 submits that as per the provisions of the Act, petitioners without availing the remedy of filing an appeal before the Appellate Authority/Government, straightaway approach this Court, by way of filling this writ petition and the same is not maintainable under law. 6. Learned Standing Counsel appearing on behalf of respondent No.4 submits that pursuant to the order dated 20.03.2025, respondent No.4 issued impugned memo dated 12.05.2025 and cancelled the admission of the petitioner No.2 and the same is valid under law. 7. At this stage, learned counsel for the petitioners prays this Court to permit the petitioners to file appeal before the appellate authority and in the meantime, petitioner No.2 may be permitted to writ examinations i.e., I year II semester for the academic year 2024-25, scheduled from 19.05.2025. 8. Having considered the submissions made by the respective parties and upon perusal of material available on record, it reveals that as per Section 10 of the Act, there is the statutory remedy of filing of an appeal before the appellate authority/Government and in the case on hand, the petitioners, without availing the said remedy, straightaway approached this Court by filing this writ petition and the same is not maintainable under law. 9. However, taking into consideration peculiar facts and circumstances of the case and also to render substantial justice to the petitioner No.2, who is a student pursuing Polytechnic Diploma course, this Court deems it appropriate to grant liberty to the petitioners to file an appeal before the appellate authority/Government within in period of two (02) weeks from the date of receipt of a copy of this order. In the meantime, the respondent No.4 is directed to permit petitioner No.2 to appear in the I year II semester examinations for the academic year 2024-25, scheduled from 19.05.2025. However, respondent No.4 is directed not to declare the result of the petitioner No.2, as such, the said result shall be subject to the outcome of the appeal, sought to be filed by the petitioners. 10. However, respondent No.4 is directed not to declare the result of the petitioner No.2, as such, the said result shall be subject to the outcome of the appeal, sought to be filed by the petitioners. 10. Accordingly, the writ petition is disposed of. No costs. Pending miscellaneous applications, if any, shall stand closed.