HON'BLE SRI JUSTICE G.CHANDRAIAH
&
HON’BLE SRI JUSTICE M.S.K. JAISWAL
W.P. No. 22782 of 2013
DATE: 25.11.2014
Between:-
Mohammad Arshiya Abraze .. Petitioner and
1. Dr.NTR University of Health Sciences
2. Narayana Medical College
3. Director of Backward Classes
4. The District Collector, Nellore .. Respondents
O R D E R:- (per Hon’ble Sri Justice G.Chandraiah)
The petitioner asserts that she hails from Muslim community and belongs to B.C(E) category. Having secured Rank No.3694 in EAMCET, when she attended counseling, she was allotted seat in M.B.B.S. Course in the 2nd respondent –college based on her community certificate dated 25.07.2013 issued by a competent authority, and on 27.07.2013, she paid admission fee of Rs.9,500/-. While so, it is stated that when she approached the authorities of the 1st respondent- University for the process of admission to the 2nd respondent-college, she was asked to obtain a fresh community certificate for confirmation of her social status. Now, the petitioner’s grievance is that even though she obtained latest community certificate on 29.07.2013 from Tahsildar, Nellore Mandal which indicates that she belongs to BC-E category, the officials of the 1st respondent-University, even though allotted seat to her in the 2nd respondent-college and collected admission fee from her, have denied her admission in M.B.B.S. Course under B.C.(E) category on the ground that her name is prefixed with the word “Mohammad”. Hence, she has filed the present writ petition seeking to declare the action of the 1st respondent in not providing her admission in M.B.B.S. Course having allotted seat in the 2nd respondent-college under BC-E category, as arbitrary and illegal and to issue appropriate directions to the
1 st respondent to complete the admission process of the petitioner.
This Court, by order dated 20.08.2013, while admitting the writ petition, passed an interim order in W.P.M.P.No. 27948 of 2013 which is as follows:
“Learned Standing Counsel submits that the Director of Minority Welfare and Backward Classes has not issued any confirmation letter certifying that the writ petitioner does belong to Backward Classes (E-Group), on that basis, the petitioner is not permitted to grant admission and attend classes.
Pending further consideration of this WPMP, and without waiting any further for the Director of Minority Welfare and Backward Classes confirming the social status of the writ petitioner, the petitioner be granted admission on provisional basis and be permitted to attend the classes.”
Thereafter, on 18.06.2014, this Court, by order dated 18.06.2014 passed in W.P.M.P.No. 20547 of 2014, observed as under:
“In view of the fact that the petitioner has attended I year M.B.B.S. Course in pursuance of the provisional admission granted, the respondents cannot refuse to receive the application of the petitioner for payment of examination fees for writing I year M.B.B.S. examination.
Since it is stated that the petitioner has requisite attendance and the petitioner has completed I year M.B.B.S. course, the respondents are directed to receive the examination application along with fee from the petitioner for writing I year M.B.B.S. examinations, which are schedule to be held on 22.07.2014 onwards, if the petitioner has requisite attendance and permit her to write examinations. However, results shall not be declared”.
The learned counsel for the petitioner has submitted that in spite of the fact that the Community, Nativity and Date of Birth Certificate issued by the Tahsildar, Nellore Mandal is in force, the petitioner cannot be deprived of her further studies since she has already completed first year M.B.B.S. Course by writing examinations in the
2 nd respondent-college. It is also submitted that in spite of the letter addressed by the 1st respondent-N.T.R. University to the Commission of Backward Classes and Minority Welfare Department seeking clarification of the petitioner’s caste, there has been no response from that Department. It is brought to the notice of this Court that under the provisions of the A.P. (SC, ST & BCs) Regulation of Issue of Community Certificates Act, 1993 and Rules, 1997 and the A.P. Commission for Backward Classes Act, 1993 with Rules, 1993 and Regulations 1996, the District Collector is the competent authority to enquire into the matters relating to genuineness of community certificates, and in pursuance of the relevant provisions, the petitioner approached the District Collector seeking clarification of the genuineness of the petitioner’s caste certificate, but no communication has been received from the authority, as such, it is pleaded that the case of
the petitioner may be considered for providing regular admission in M.B.B.S. Course and allow her to prosecute further studies.
The learned Standing Counsel for the 1st respondent- University has submitted that since no communication has been received from the competent authority i.e. the District Collector concerned with regard to the genuineness of the community certificate issued to the petitioner, the admission of the petitioner is not confirmed. It is further submitted that in compliance with the directions of this Court the petitioner was allowed to write I Year M.B.B.S. examinations, however results have not been declared.
This Court, by order dated 17.11.2014, Suo Motu impleaded the Director of Backward Classes, Hyderabad and the District Collector, Nellore as respondent Nos.3 and 4 in the writ petition. While so, the petitioner filed another petition in W.P.M.P.No. 38317 of 2014 seeking interim direction to the respondents to declare results of her I year MBBS examinations forthwith and permit her to prosecute her studies on par with other students besides permitting her to attend classes for 2nd Year M.B.B.S. Course and appear for examinations from time to time. This Court, by order dated 18.11.2014, while entertaining a doubt concerning the issue involved in this writ petition relating to denial of admission to the petitioner regarding the genuineness of caste certificate issued by the Tahsildar, directed the learned Government Pleader for respondent Nos.3 and 4 and the learned Standing Counsel for the 1st respondent-University to produce their respective records and further directed the learned Government Pleader to get instructions from the Mandal Revenue Officer concerned with regard to genuineness of the petitioner’s social status certificate and also as to further action taken by the District Collector on the letter addressed by the University. In pursuance of the order dated 18.11.2014 passed by this Court, the learned Government Pleader for respondent No.4 has furnished a copy of G.O.Ms.No.23, Backward Classes Welfare (G2) dated 07.07.2007, which includes the Socially and Educationally Backward Classes of Muslims as category “E” in the list of Backward Classes, in addition to the existing A, B, C, D categories and also a copy of the order dated 25.03.2010 passed by the Supreme Court in Civil Appeal No.2628-2637 of 2010 with Civil Appeal No.2638- 2639 in the case of State of A.P. and Others v. T. Muralidhar Rao and Others and submitted that by virtue of the order of the Supreme Court, the petitioner is not entitled to reservation under category BC-E.
For better appreciation of the case of the petitioner, Paragraph No.6 of G.O.Ms.No.23, dated 07.07.2007 regarding inclusion of socially and educationally backward classes of Muslims as Category “E” in the list of Backward Classes, in addition to the existing A, B, C, D Categories, is extracted as under:
“Now, therefore, for the purposes of Articles 15(4) and 16(4) of the Constitution of India and in exercise of the powers conferred under Section 7 of the Andhra Pradesh Reservation in favour of Socially and Educationally Backward Classes of Muslims, Ordinance, 2007, the Governor of Andhra Pradesh, hereby, notify the following classes of Muslims residing in the State (Other than Dudekula, Laddaf, Pinjari/Noorbash and Mehtar) as specified below, and as identified by the A.P. Commission for Backward Classes as Socially and Educationally backward classes and include them in the list of Backward Classes under separate Category “E” (which shall be in addition to the existing “A”, “B”, “C” and “D” Categories).
1) Achchukattalavandlu, Singali, Singamvallu, Achchupanivallu, Achchukattuvaru, Achukatlavandlu
2) Attar Saibulu, Attarollu
3) Dhobi Muslim/Muslim Dhobi/Dhobi Musalman, Turka Chakla or Turka Sakala, Turaka Chakali, Tulukka Vannan, Tsakalas, Sakalas or Chakalas, Muslim Rajakas
4) Faqir, Fhakir Budhbudki, Ghanti Fhakir, Ghanta Fhakirlu, Turaka Budbudki, Darvesh, Fakeer,
5) Garadi Muslim, Garadi Saibulu, Pamulavallu, Kanti-kattuvallu, Garadollu, Garadiga
6) Gosangi Muslim, Phakeer Sayebulu
7) Guddi Eluguvallu, Elugu Bantuvallu, Musalman Keelu Gurralavallu
8) Hajam, nai, Nai Muslim, Navid
9) Labbi, Labbai, Labbon, Labba
10) Pakeerla, Borewale, Deera Phakirlu, Bonthala
11) Qureshi, Kureshi/Khurshi, Khasab, Marati Khasab, Muslim Katika, Khatik Muslim
12) Shaik/Sheikh
13) Siddi, Yaba, Habshi, Jasi
14) Turaka Kasha, Kakkukotte Zinka Saibulu, Chakkitakanevale, Terugadu gontaiavaru, Thirugatigantla, Rollaku Kakku Kottevaru, Pattar Phodulu, Chakketakare, Thuraka Kasaha
15) Other Muslim groups excluding: Syed, Saiyed, Sayyad, Mushaik; Mughal, Moghal;
Pathans; Irani; Arab;
Bohara, Bohra;
Shia Imami Ismaili, Khoja; Cutuchi-Memon; Jamayat;
Navayat, And all the synonyms and sub-groups of the excluded groups; and except those who have been already included in the State List of Backward Classes.
7) All the concerned Departments are requested to make necessary amendments to the orders, rules and regulations in this regard.
The order dated 25.03.2010 passed by the Supreme Court in Civil Appeal Nos.2628-2637 of 2010 with Civil Appeal No.2638-2639 of 2010 granting interim relief reads as under:
“The Act passed by the A.P. Legislature giving 4% reservation to Group “E” of the Backward Classes was challenged before the High Court and the same was struck down by the High Court on various counts. As several Constitutional issues are involved in these appeals, as an interim measure, we direct that for the time being, reservation of 4% be extended first to the 14 categories mentioned in the schedule appended to the Act (The Andhra Pradesh Reservation in favour of Socially and Educationally Backward Classes of Muslims Act, 2007) (Act No.26 of 2007), excluding creamy layer. This is a temporary measure till the matter is finally decided. Those matters are referred to the Constitution Bench to be listed in the 2nd week of August, 2010 along with C.A.No. 7513/2005 for appropriate direction.”
Even though as per G.O.Ms.No. 23, dated 07.07.2007, the case of the petitioner can be considered for regular admission in M.B.B.S. Course as it falls under Category 15 of Paragraph No.6 of the Government Order, but by virtue of the interim order passed by of the Supreme Court as reproduced above, the benefit of reservation is not extended to the communities mentioned in Category 15 of the said G.O., therefore, petitioner’s claim is not tenable.
At this juncture, the learned counsel for the writ petitioner has fairly submitted that as per the decision rendered by the Supreme Court cited supra, the benefit of reservation is not extended to the Muslim Community, therefore, he requests that the Community Certificate in original that was issued to the petitioner by the Tahsildar and submitted to the 1st respondent may be ordered to be returned to the petitioner.
In the light of the above proposition of law laid down by the Supreme Court as a temporary measure and the fair submission made by the learned counsel for the petitioner, we are of the considered opinion that the petitioner is not entitled to the benefit of reservation under BC-E community. Hence, the writ petition is devoid of merits and liable to be dismissed.
Accordingly, the writ petition is dismissed. However, having regard to the submission made by the learned counsel for the petitioner, it is left open to the petitioner to make an application to the authorities concerned i.e. respondent Nos.1 and 2 for return of the original Community Certificate, and on such application being filed, respondent Nos.1 and 2 shall consider her application and pass appropriate orders thereon, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No order as to costs.
As a sequel to the dismissal of the writ petition, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.
G. CHANDRAIAH, J 25.11.2014 M.S.K. JAISWAL, J bcj