IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 14319 of 2008 Between: V. Venkata Ratnam S/o. V. Suryanarayana R/o.D.No.26-4-2445, Melapuram, Hindupur, Anantapur District. ..... PETITIONER AND 1 The District Collector, Anantapur, Anantapur District. 2 The Tahsildar, Hindupur, Anantapur District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent in not issuing the B.C.-B Community Certificate of the petitioner's son as illegal, arbitrary and in violation of principles of natural justice and in violation of Art. 14 of the Constitution of India and consequently direct the 2nd respondent to issue B.C.-B Certificate of the petitioner's son to the petitioner to avail the benefit in the EAMCET counseling scheduled to be held on 16-7-2008 in the interest of the justice and to pass Counsel for the Petitioner:MR.S.D.GOWD Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 14319 OF 2008 ORDER: 1. This writ petition is filed by V.Venkata Ratnam with a prayer to issue writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd Respondent in not issuing the B.C.-B Community certificate to the petitioner’s son as illegal, arbitrary. 2. Heard learned counsel appearing for the petitioner and learned Government Pleader for social welfare appearing for the respondents. 3. The petitioner claims to have made an application for issuance of caste certificate in respect of his son namely V.Tejunath and the said application came to be forwarded to the District Collector, Anantapur, for verification. Since EAMCET counseling is fast approaching the petitioner chooses to approach this Court seeking direction to the respondents to issue community certificate under Section 4 of the A.P.S.C.S.T. and Backward Classes – Issue of Community, Nativity and Date of Birth Certificates Rules, 1997. 4. Rule 4 of the A.P.S.C.S.T. and Backward Classes – Issue of Community, Nativity and Date of Birth Certificates Rules, 1997 enables a person to make an application for declaration of his social status and reads as under:- “4. Procedure for Application: (a) Every applicant/parent/guardian who belongs to a Scheduled Caste, Scheduled Tribe, Backward Class, desirous of declaring his social status as that of a Scheduled Caste, Scheduled Tribe or a Backward Class, shall submit an application in the prescribed Form I/II to Competent Authority, well in advance i.e. six months, as far as possible, particularly when seeking admission to the educational institutions or appointment to a post. b) If the applicant is a minor, the parent/guardian shall submit the application form as mentioned in clause (a) above”. 5. The petitioner has filed an application as provided under Rule 4 of the Act to the competent authority. If the petitioner desires any provisional certificate pending enquiry, he is at liberty to approach the competent authority for issuance of such certificate. In the event of the petitioner filing the petition before the competent authority, the competent authority shall dispose of the same as expeditiously as possible, so as to enable the petitioner’s son to attend the counseling claiming seat under B.C.-B category. 6. Accordingly, this writ petition is disposed of. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 4th July, 2008. Note: C.C. in two days B/o KM HE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 14319 OF 2008 4th July, 2008.