IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 18787 of 2008 Between: G.Sayanna S/o.Chinna Ashanna R/o.Dagaon Village Armoor Mandal, Nizamabad District. ..... PETITIONER AND 1 State Board of Technical Education and Training A.P., Hyderabad rep. by its Secretary. 2 Principal, Govt. Polytechnical College, Nizamabad. .....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 issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents ie., not return the Memo, TC Course certiﬁcate, Bonaﬁde Certiﬁcate etc., to the Petitioner is illegal arbitrary illegal against the principles of natural justice consequently direct the respondents to return the Memo, TC Course certiﬁcate, Bonaﬁde Certiﬁcate to the Petitioner forthwith and to pass such further order. Counsel for the Petitioner:MRS.MARIE DESAI Counsel for the Respondent No.: GP FOR TECHNICAL EDUCATION The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 18787 OF 2008 ORDER: 1. This writ petition has been ﬁled by the petitioner assailing the action of the respondents in not issuing Transfer Certificate, Bonafide certificate etc., to him. 2. The petitioner joined in Government Polytechnic in LME Course in the year 1980-81 and completed the course in 1983- 84. He applied for scholarship under S.T. quota. On enquiry the Tribal Welfare Oﬃcer found him not eligible for scholarship under S.T.quota. The petitioner ﬁled W.P.No. 7731 of 1981. An interim order came to be passed in W.P.M.P.No. 10855 of 1981 directing the Principal, Polytechnic to allow the petitioner to attend the LME Course. W.P.7731 of 1981 came to be disposed of conﬁrming the orders passed on 22-4-1987. The petitioner applied for certiﬁcates after completion of the LME course. Since his representation did not yield any fruitful results, he approached this Court invoking jurisdiction under Article 226 of the Constitution of India. 3. Notice before admission came to be ordered on 2-9-2008. 1st respondent ﬁled counter aﬃdavit. V.T Prabhakar, has sworn to the counter aﬃdavit. It is stated in the counter aﬃdavit that the petitioner has not completed LME Course and there are backlog subjects. The relevant portion of the counter affidavit needs to be noted and it is thus. “ I submit that this respondent Board was constituted as per Section 6 of the A.P. Education Act through G.O.Ms. No.140 Labour, Employment, Nutrition and Technical Education Department dated 24-4-1984. Prior to the formation of the Board, a separate wing was there in the oﬃce of the Director of Technical Education for conducting polytechnic examinations and for grant of certificates. The petitioner has completed his diploma course prior to the constitution of the Board and therefore this respondent board is unable to submit the full information with regard to the case of the petitioner. Based on the available records, it is found that the petitioner has not completed the LME course and has backlog subjects. “ 4. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the 1st respondent and learned Government Pleader for Higher Education appearing for the 2nd respondent. 5. It is admitted in the counter aﬃdavit ﬁled on behalf of the 1st respondent that the petitioner studied LME Course in the 2nd Respondent college. After completing the period of course, he submitted representation seeking transfer certiﬁcate, bonaﬁde certiﬁcate. Once, the petitioner completed the course, whether failed or passed, he deserves to be given the transfer certificate and bonafide certificate etc. 6. In that view of the matter, the writ petition is disposed of directing the 1st respondent to declare the results of the petitioner in respect of 4th semester of the course and thereupon the 2nd respondent shall issue transfer certiﬁcate, bonafide certificate etc. to the petitioner. No order as to costs. _____________________________ Justice B. Seshasayana Reddy 23rd September, 2008. Note: C.C. in three days B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 18787 OF 2008 23rd September, 2008.