Excerpt:
A Single-Judge Bench consisting of Honorable Justice R. Raghunandan Rao gave orders on the writ petition no. 1812 of 2021 in Mandakurthi Jayaram vs state of Andhra Pradesh. The writ was filed under article 226 of the Constitution of India to issue a writ of mandamus declaring the action of the respondent in not issuing a community certificate to the petitioner as illegal arbitrary and contrary to the provisions of the A.P. regulation of the issue of community certificate act, 1993. Hence, depriving him of the opportunity of seeking admission into a 6- year integrated B. Tech course.
Facts:
In this case, the petitioner wanted to take admission in a 6-year integrated B. Tech course (intermediate and engineering) in the 4th respondent university (The Rajiv Gandhi university of knowledge technology). But he was deprived of admission into the university because the respondents did not issue a community certificate in favor of the petitioner. He belonged to the Kondakapu of a scheduled tribe community. Aggrieved by the same the petitioner filed a writ petition in the court seeking to issue a writ of mandamus or any other writ declaring the act of respondents in not granting certificate in his favor as arbitrary, illegal violative of article 14 and contrary to the provisions mentioned in A.P. regulation of the issue of community certificate act, 1993 and rules 1997 and pass appropriate orders in the circumstances of this case.
Arguments Advanced:
The learned counsel for the petitioner submitted before the court that the petitioner is entitled to obtain a certificate certifying that he hails from Kondakapu, which is a scheduled tribe community. The is aggrieved by the act of refusal of the respondents to issue such certificate.
Learned government pleader for social welfare submits before the court that the issue is the subject matter of public interest litigation bearing W.P. no. 75 of 2019 and in that case also the certificates were not issued. Countering the same argument, the learned counsel of the petitioner submitted before the court that the issuances of the certificate that case was related to the persons who were trying to obtain the certificates even when they did not belong to Kondakapu community.
Court’s Order:
The Court allowed the writ petition directing the 3rd respondent to consider the case of the petitioner and issue the necessary certificate to the petitioner. The certificate needs to be given within one week from the date of receipt of a copy of this order. Otherwise, the petitioner is in danger of losing admission in the 4th respondent institution, if the said certificate is not produced. There shall be no order as to costs and any application pending shall also stand closed.
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