D BALAMURALI Vs. NTR UNIVERSITY OF HELTH SCIENCES

JUDGEMENT

(1.) The petitioner herein appeared for Engineering, Agricultural and Medical Common Entrance Test, 2004 (EAMCET-2004). He obtained rank 2535. Pursuant to the notification issued by N.T.R. University of Health Sciences, the first respondent herein, the petitioner submitted application claiming admission in one of the seats reserved for BC-D category. The petitioner claims that he belongs to Yadav (Golla) caste and therefore he is entitled to seek reservation in BC-D category. After verifying his application, the first respondent issued a registration-cum- verification form informing that as the petitioner is migrant child from other States, he is not eligible for reservation under BC quota in Andhra Pradesh. Assailing the same, the petitioner filed the writ petition seeking a declaration that the re.gistration-cum-verification form issued by first respondent is illegal and arbitrary. He also seeks a direction to respondents to consider the petitioner's case as a local candidate belonging to BC-D category for second phase of Counselling for admission into M.B.,B.S./B.D.S. course for the year 2004-2005.

(2.) The case of the petitioner, in brief is as follows. The petitioner's ,,|#her is working as Pointsman in Southern Railway at Arsikere Railway Station in the State of Karnataka. The petitioner and his, parents are now residing in Bangalore. The petitioner claims that he was born in Chittoor on 25.6.1984 at the residence of his maternal grandfather, who after retirement in Police Department of Andhra Pradesh settled down in Tirupathi in Chittoor District. The petitioner also alleges that he was brought up by his grandfather and that he studied from L.K.G. to X Class in English Medium with Telugu as second language during 1987 to 1993 at Sri Mahalakshmi English Medium School, Tirupathi. Thereafter, he studied two year intermediate (Bi.P.C.,) during the academic year 1999- 2001 at Vikas Junior College, Tirupathi. He also states that the Mandal Revenue Officer, Tirupathi (Urban) has issued a Community Certificate dated 28.6.2003 showing that he belongs to Yadava caste, which is mentioned at Serial No.33 under BC-D category. He also alleges that the certificate issued by the Mandal Revenue Officer is valid as per the provisions of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 (hereafter called, the Act) and Andhra Pradesh (Scheduled Castes, Scheduled;. Tribes and Backward Classes) Issue of Community, Nativity and Date of Birth Certificates Rules, 1997 (hereafter called, the Rules) and that he cannot be treated as a person under the migration category from other states.

(3.) This Court admitted the writ petition on 9.8.2004 and directed the University of Health Sciences to file counter-affidavit. Subsequently, this Court by order made in W.P.M.P. No. 18904 of 2004 dated 20.8.2004 ordered to implead the Commissioner for Social Welfare, Government of Andhra Pradesh, second respondent herein. Along with the. writ petition, the petitioner filed two miscellaneous applications being W.P.M.P. Nos.l7218 and 17319 of 2004. In the first application, he prayed for a direction to the j first respondent to consider the petitioner's name in second phase Counselling for admission into first year M.B.B.S/B.D.S. course and in the second application, he prayed for a direction to respondent University to reserve one seat. These applications came before this Court today. As submissions for the purpose of interlocutory applications and the main writ petition being the same, the writ petition was heard finally and is being disposed of with the consent of the learned Counsel for the petitioner and the learned Standing Counsel for University of Health Sciences.