IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.3399 of 2005 Between: Yudhveer lodha S/o. Mahaveer Tuljaram R/o.1-24/11, Nanakaramguda (V) Serilingampally Mandal, Ranga Reddy District. ..... PETITIONER AND 1 Government of Andhra Pradesh rep. by Principal Secretary, Backward Class Welfare Dept., Secretariat, Hyderabad. 2 The District Collector, Ranga Reddy District, Hyderabad. 3 The Convenor, EAMCET-2002 (Admissions) and Commissioner of Technical Education, Sanketika Vidya Bhavan, Masab Tank, Hyderabad. 4 The Controller of Examinations University Campus Osmania University, Hyd. 5 The Principal, Deccan College of Engineering and Technology, Nasmpally, Hyderabad. .....RESPONDENTS 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 a writ, order or directions essentially in the nature of writ of mandamus directing the Respondents No.3 to 5 to announce the results of the petitioner which are withheld and permit the petitioner to pursue his studies inB.E., course till ﬁnalization of his caste claim by holding the action of the respondent in not ﬁnalizing his caste claim in accordance with law and not allowing the petitioner to pursue his studies during the pendency of his caste claim despite several representations including representations after orders of this Hon'ble Court in w.P> No.22514 of 2004 and doding the issue as bad, illegal, irrational, arbitrary, unconstitutional and violative of principles of natural justice and pass any such other order or orders. Counsel for the Petitioner:MR.SATISH DESHPANDEY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following: Form-NIC-OGS/WP{MPL} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.3399 of 2005 ORDER: It is the case of the petitioner that he has obtained a caste certiﬁcate from the Mandal Revenue Oﬃce, Serilingampally Mandal, Ranga Reddy District vide Certiﬁcate No.R.Dis.C/340/2001-70, dated 20.06.2001 stating that he belong to ‘Agnikulakshatriya’ which is recognized as B.C.”A”-01 and accordingly, he has obtained a seat based on his ranking obtained in EAMCET-2002 examination in B.E. (Information & Technology) Course in the 5 th respondent-Deccan Engineering College in 2002. It is stated that after obtaining the admission, the 5th respondent college objected and did not allow him to attend the classes doubting his caste, and therefore, time and again the petitioner approached this Court and obtained necessary directions to attend and write the examinations. It is further stated that as his caste was doubted, his admission was kept pending for departmental enquiry and the matter has been referred to the Collector, Ranga Reddy District for a detailed enquiry. Accordingly, the District Collector got the matter enquired through the Revenue Divisional Oﬃcer and the Revenue Divisional Oﬃcer vide his report dated 23.01.2003 stated that the petitioner belong to ‘Lodha’ community which is a forward community, but he does not belong to ‘Agnikulakshatriya’ community. Based on the enquiry report, the District Collector cancelled the community certiﬁcate issued in favour of the petitioner and held that the petitioner obtained the community certiﬁcate by playing fraud from the Mandal Revenue Oﬃcer as if he belongs to ‘Agnikulakshatriya’ community. It is stated that aggrieved by the said order of the District Collector, dated 16.12.2003 in proceedings No.C2/6069/2002, petitioner ﬁled an appeal before the Government and the Government of Andhra Pradesh represented by its Additional Secretary to Government, Backward Classes Welfare (C1) Department, vide its Memo No.1440/C1/2004, dated 19.10.2004, stayed proceedings of the District Collector, dated 16.12.2002 pending disposal of the appeal. Both the petitioner as well as the Government Pleader appearing for respondents submit that the appeal before the Government is still pending. This writ petition has been ﬁled seeking to issue a Writ of Mandamus, directing the respondents 3 to 5 to announce the results of the petitioner which are withheld and permit him to pursue his studies in B.E.Course till ﬁnalisation of his caste claim and declaring the action of the respondents in not ﬁnalizing his caste claim and not allowing him to pursue his studies, as illegal and arbitrary. This Court, while admitting the writ petition, rejected the interim relief asked by the petitioner to permit him to attend for all further classes of B.E.Course and to write examinations for 2nd Semester of 2nd year and 1st Semester of 3rd year B.E. course in the 5th respondent college, by order dated 19.04.2005 on the ground that the admission itself has been cancelled by the 4th respondent vide proceedings dated 26.05.2004 and cancellation order dated 26.05.2004 is subsisting. Against the said order of this Court dated 19.04.2005 passed in WPMP.4593/05 in WP.3399/2001, the petitioner ﬁled writ appeal and Division Bench of this Court while admitting the writ appeal No.1205 of 2005, stayed the operation of the order dated 26.05.2004 i.e. cancelling the admission of the petitioner by the controller of examinations. Thus, the petitioner was permitted to pursue the further studies. Ultimately, the Division Bench of this Court allowed the writ appeal No.1205/2005 by order dated 21.10.2005 holding that the order dated 26.05.2004 passed by the Convenor, EAMCET is a consequential order to the order of the District Collector dated 16.12.2003 cancelling the caste certiﬁcate, but order of the District Collector itself has been stayed by the Government vide its Memo No.1440/C1/2004, dated 19.10.2004, and in that view of the matter, quashed the order of the Convenor of EAMCET dated 26.05.2004 and observed that the admission of the petitioner in the 5th respondent college shall remain subject to outcome of the appeal before the Government, and during pendency of the appeal before the Government, the petitioner’s results shall be declared and he also be allowed to sit in the next examination and pursue his studies, subject to satisfaction of other rules. The learned counsel appearing for the petitioner submits that the petitioner has completed the B.E.(Information & Technology) Course and results were also declared, but the certiﬁcates are withheld in view of pendency of the writ petition before this Court. I am not inclined to express any opinion with regard to genuineness of the Status Certiﬁcate obtained as admittedly the appeal is said to have been pending before the Government in Memo No.1440/C1/04. No counter is ﬁled by the Government as to know whether the said appeal is still pending or disposed of. But, however, any qualiﬁcation/degree obtained by the petitioner, will be subject to the outcome of the status that may be determined either by the appellate authority or by the competent authority, and ultimately if for any reason the appeal is remanded and the petitioner’s status is declared as B.C. he is entitled to make use of his B.E.Degree certiﬁcate for any purpose, otherwise, the petitioner is not entitled to make use of his B.E.Degree Certiﬁcate, if his status is ﬁnally determined that he does not belong to B.C.community. With the above observations, the Writ Petition is disposed of, directing the 1st respondent to consider and dispose of the appeal pending in Memo No.1440/C1/2004 ﬁled against the order of the District Collector, Ranga Reddy in proceedings No.C2/6069/2002, dated 16.12.2003, without any undue delay, if not already disposed of, and pending determination of the status of the petitioner, respondent Nos.3 to 5 may release the B.E.degree certiﬁcates to the petitioner. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 21.08.2008 Dsr ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Government of Andhra Pradesh rep. by Principal Secretary, Backward Class Welfare Dept., Secretariat, Hyderabad. 2 The District Collector, Ranga Reddy District, Hyderabad. 3 The Convenor, EAMCET-2002 (Admissions) and Commissioner of Technical Education, Sanketika Vidya Bhavan, Masab Tank, Hyderabad. 4 The Controller of Examinations University Campus Osmania University, Hyd. 5 The Principal, Deccan College of Engineering and Technology, Nasmpally, Hyderabad. 6 2. 2CCs to 7. 2CD copies