MULLA KHADAR JILANI Vs. STATE OF A.P.

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India for the following relief:

(2.) Heard Sri S.M. Subhani, learned counsel representing Sri G.Suryam, learned counsel appearing for the petitioner; learned Assistant Government Pleader for Home appearing for the respondents No.1 to 3 and Sri T.Benarjee, learned counsel appearing for the 4th respondent.

(3.) On hearing, learned counsel for the petitioner submits that the 2 nd respondent issued Notification vide Rc.No.208/R&T/ Rect.1/2016, dtd. 17/9/2016 for filling up the posts of SCTSI(Civil) and other Posts. As the petitioner belongs to Muslim religion, he intended to claim the reservation under BC-E category as provided under the rules. Accordingly, the petitioner has submitted Online application for the post of SCTSI (Civil) in pursuance of the Notification dtd. 17/9/2016 issued by the 2 nd respondent. Learned counsel further submits that as the petitioner belongs to BC-E Community, he made an application dtd. 24/3/2017 to the Tahsildar, Podili, for issuance of BC-E Certificate. As the certificate was not given by the concerned Tahsildar, the claim of the petitioner to treat him as BC-E category could not be entertained in the absence of any caste certificate, and as such, he was treated as belongs to OC category basing on the Online application. Thereafter, the petitioner appeared for preliminary and main examinations and he secured 241 marks out of 400 marks and the cut off marks for BC-E category is 240 marks. Learned counsel further submits that, questioning the action on the part of the Tahsildar, in not issuing the caste certificate, the petitioner was filed a writ petition in W.P.No.12633 of 2017 before this Court and the same was disposed of by this Court vide order dtd. 17/4/2017 and directed the Tahsildar to consider the application of the petitioner. However, the Tahsildar failed to consider the same. Accordingly, the petitioner again preferred W.P.No.26758 of 2017 before this Court seeking for the same relief. Consequently, this Court, vide order, dtd. 29/8/2017 in WPMP No.33214 of 2017 in WP No.26758 of 2017 directed the respondent authorities to reconsider the application of the petitioner and pass necessary orders. In pursuance of the said orders, the Tahsildar issued Caste Certificate on 27/4/2018 certifying the petitioner as belongs to BC-E category. Learned counsel further submits that, the petitioner submitted an application dtd. 2/1/2019 to the 2nd respondent to consider his candidature as BC-E, but he failed to do so. Learned counsel mainly contended that, though there were administrative lapses on the part of the Revenue authorities in issuing the certificate of Caste, the same resulted into non issuance of Caste certificate at the time of making an application to the recruitment notification for the post of SCTSI. On account of the same, the petitioner was treated erroneously as belongs to OC category instead of BC-E category. He submits that as the petitioner was construed as OC category in the absence of the Caste Certificate at the relevant point of time, he was denied selection under BC-E category despite he got more merit than the last selected candidate of BC-E category in Zone III. The petitioner had got 241 marks and whereas the last selected candidate under BC-E category got 240 marks. He submits that the petitioner was treated as BC-E category, he would have got selected under BC-E category against the vacancies meant for the said category. As the grievance of the petitioner was not considered by the respondents, the petitioner has preferred another writ petition WP No.12865 of 2019 and the same was disposed of this Court vide order dtd. 4/9/2019 and directed to pass appropriated orders on the petitioner representation. However, while passing orders on the representation, the 2nd respondent issued the impugned proceedings rejecting the claim of the petitioner stating that the petitioner has not submitted a caste certificate at the time of application and at the time of physical verification. Therefore, learned counsel requests this Court to pass appropriate orders by issuing directions to the respondent authorities to consider the case of the petitioner by creating supernumerary post.