HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.26287 of 2010 Date : 06.04.2011 Between : Syed Arshad Javeed. …..Petitioner And The Convenor (EAMCET), Jawaharlal Nehru Technological University, Hyderabad & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.26287 of 2010 ORDER: This writ petition is filed, seeking directions by way of Mandamus, declaring the action of respondents 1 to 3 in not considering the caste certificate of petitioner, issued by respondent No.5 on 10.03.2009 for allotment of seat in MBBS course without any reason, as arbitrary, illegal and contrary to the provisions of the A.P. (SC, ST and BCs.) Regulation of Issue of Community Certificates Act, 1993, with a consequential direction to respondents 1 to 3 to allot MBBS seat to the petitioner under B.C (E) category for the academic year 2010-11. In the common entrance test conducted for entry into medical and engineering courses, petitioner has appeared in medical stream and secured the rank of 3816. In this writ petition, the grievance of the petitioner is that though respondents 6, 7 and 8, who have secured the ranks of 3837, 3840 and 3839 respectively, are given admissions in MBBS course, and though he is a better rank holder, is deprived of seat in MBBS course. It is the case of the petitioner that he claimed reservation under B.C (E) category and produced caste certificate to that effect, issued by the 5th respondent-Tahsildar, on 10.03.2009, and inspite of the same, it was not accepted without assigning any reason. The 2nd respondent-Registrar of N.T.R. University of Health Sciences has filed counter affidavit. In the counter affidavit, while denying the various allegations made by the petitioner, it is stated that the petitioner has attended his 2nd counselling on 22.08.2010 at JNTU, Kukatpally centre and claimed reservation under B.C (E) category. It is stated that insofar as the candidates who claimed social reservations (B.Cs., S.Cs. and S.Ts.) are concerned, their cases are referred to respective Commissionerate officials present at the time of counselling. When the case of the petitioner was referred to such officials, the social status certificate produced by the petitioner was verified by the officials of B.C. Welfare Department, who found that the same was not valid one, and accordingly, directed the University to consider the case of petitioner under open competition. It is stated that the case of the petitioner was accordingly considered under open category and he is admitted into BDS course in S.V.S. Dental college, Mahabubnagar. It is stated that later on, the University notified 3rd phase of counselling, in which, the petitioner was offered seat in BDS course in Kamineni Institute of Dental Sciences. It is stated that as the petitioner did not produce valid caste certificate on the date of counselling, the cases of next rankers i.e. respondents 6, 7 and 8, who claimed reservation under B.C. (E) category, were considered on clearance by the B.C. Welfare Department, and they were admitted into MBBS course. In this case, it is submitted by the learned counsel for petitioner that there is no fault on the part of petitioner and though the petitioner has submitted valid caste certificate, dated 10.03.2009, before the counselling authorities, there was no reason or justification for not accepting such certificate at all, in proof of his claim for reservation under B.C (E) category. The learned counsel has also placed reliance on the judgments of this Court in the case of D.Rajamani Reddy Vs. Governemnt of A.P.[1] and in Madi Sri Vasishnavi Vs. Dr.N.T.R. University of Health Sciences[2]. In this writ petition, it is to be noticed that all the educational certificates produced by the petitioner shows his name as “Syed Arshad Javeed”, whereas the caste certificate, dated 10.03.2009, produced by him at the time of counselling, merely shows his name as “S.A.Javeed”. When the petitioner is claiming reservation, he has to produce necessary certificate in proof of certification of his community, from the competent authority, with the same name as appears in the documents of qualifying examinations. While it is true that the petitioner secured better rank than that of respondents 6, 7 and 8, but on the date of counselling, as he did not produce the valid certificate and as the certificate produced by him was not accepted by the officials of the B.C.Welfare Department, the claims of respondents 6, 7 and 8 were considered. It is to be noticed that the petitioner has subsequently obtained another certificate on 22.05.2010 in the name of “Syed Arshad Javeed”. The very fact that the petitioner obtained subsequent caste certificate in his full name itself shows that there is lapse on his part in securing the earlier certificate without mentioning his full name. It is not known as to why he obtained such a certificate on earlier occasion. It is also submitted by the learned counsel for petitioner that though the very name “Syed” is not included in B.C (E) reservations, but the said issue need not be gone into, as the petitioner has not produced valid certificate. There is yet another ground to reject this writ petition. The admissions relate to the academic year 2010-11 and the academic year itself is coming to an end and respondents 6, 7 and 8 almost have completed one year of MBBS course, and the petitioner, who is admitted into BDS course, has also completed the same period. Though the counsel for petitioner has relied on the judgments referred above, having regard to the facts and circumstances of the case, the said judgments would not render any assistance in support of his case. For the aforesaid reasons, I do not find any merit in this writ petition, for grant of directions as prayed for. Writ petition is accordingly dismissed and the interim order, dated 08.11.2010, is vacated. No costs. _____________________ R.SUBHASH REDDY, J 6th April 2011 ajr [1] 2007 (4) ALD 817 [2] 2008 (3) ALD 8