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CDJ 2026 APHC 558 print Preview print print
Court : High Court of Andhra Pradesh
Case No : Writ Petition No. 9331 of 2026
Judges: THE HONOURABLE MR. JUSTICE NYAPATHY VIJAY
Parties : Palledi Sahithi Versus The State of Andhra Pradesh, rep., by its Principal Secretary, Social Welfare (TW) Department, Amaravathi, Guntur & Others
Appearing Advocates : For the Petitioner: Thota S.V.L. Narasimhaswamy, Advocate. For the Respondents: GP For Revenue, GP For Social Welfare.
Date of Judgment : 08-04-2026
Head Note :-
Constitution of India - Article 226 -
Judgment :-

(Prayer: Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomay be pleased to issue an ORDER, DIRECTION or WRIT more particularly one in the nature of WRIT OF MANDAMUS inaction on the part of the Respondents No.1 to 4 for issuance of provisional community certificate of Kondakapu of ST to the petitioner forthwith so as to submit it before the 6th Respondent in the ensuing counselling for admission to VI Class consequent upon being passed in the entrance examination conducted by them as illegal, arbitrary, bad in law, discriminatory, violative of Art.14, 15, 16, 21 and 342 of the Constitution of India and as per the orders dt.6-2- 2026 in W.P.No.42618 of 2022 on the file of this Honble Court and consequently direct the Respondents No.1 to 4 to issue provisional community certificate of Kondakapu of ST to the petitioner forthwith so as to submit it before the 6th Respondent in the ensuing counselling for admission to VI Class commencing from 6-4-2026 onwards consequent upon being passed in the entrance examination conducted by them and pass such

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the Respondents No.1 to 4 to issue provisional community certificate of Kondakapu of ST to the petitioner forthwith so as to submit it before the 6th Respondent in the ensuing counselling for admission to VI Class commencing from 6-4-2026 onwards consequent upon being passed in the entrance examination conducted by them forthwith and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of this case, pending disposal of the above writ petition and to pass such)

1. The Writ Petition is filed questioning the inaction of the Respondents in issuing the provisional Community Certificate of Kondakapu of ST to the Petitioner to enable her to join 6th Class in the Respondent No.6 School as illegal and arbitrary.

2. The facts leading to filing of the present Writ Petition are as follows:

                  The Petitioner was born on 19.06.2014 and is currently studying 5th class in local school at Kuridi Village, Dumbriguda Mandal, Alluri Seetharamaraju District. It is stated that the Petitioner’s surname is ‘Palledi’ and belongs to the Kondakapu Community Schedule Tribe Community. The father of the Petitioner by name, Sri Trinadha Rao, was issued a Community Certificate belonging to the Kondakapu ST Community and the entries in the school records of the Petitioner also reflect the fact that the Petitioner belongs to the Kondakapu ST Community.

3. The Petitioner had appeared for the All India Sainik Schools Entrance Examination 2026 and was called upon to attend the counseling. The father of the Petitioner thereupon approached the respondents Nos. 3 and 4 to issue Community Certificate to the Petitioner so as to enable her to participate in the counseling process.

4. It is stated that the Community Certificate issued to the members of the ‘Kondakapu Community’ was cancelled pursuant to a report submitted by the Director, Tribal Cultural Research and Training Institute, Hyderabad (for short, T.C.R. & T.I.), by the District Collector. Questioning the same, appeals were filed under Section 7 of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes, and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 (for short, ‘the Act, 1993'), and the same are pending for consideration. It is also stated that vide Memo No. 1587000/CV.2/2021, dated 18.01.2022, the Appellate Authority/State Government passed an interim order of stay of the cancellation of Community Certificates to the members of the 'Kondakapu Community.' In that context, the Petitioner seeks the issuance of a provisional Community Certificate so as to enable the Petitioner to participate in the counseling process.

5. Learned counsel for the Petitioner, while relying on the judgment of this Court in W.P.No.42618 of 2022 dated 06.02.2026 on the similar subject, submits that the Petitioner is willing to repay all the differential amounts in the event the appeals filed under Section 7 of the Act, 1993, questioning the cancellation of the Caste Certificates granted to the members of ‘Kondakapu Community’, are dismissed.

6. Learned Assistant Government Pleader submits that in light of the cancellation of the Community Certificate to the members of ‘ Kondakapdu Community’ following detailed research by the TCR&TI, the issuance of a provisional community certificate in favour of the petitioner would only further the wrong being perpetrated by persons who do not belong to the ST community.

7. Considering the fact that the Orders of the cancellation of the Community Certificates were stayed by the State Government, being the Appellate Authority under Section 7 of the Act, 1993, in the event the appeals are allowed, the Petitioner would be losing out a chance to seek for admission in the Sainik School and would suffer loss of opportunity.

8. Considering the submissions made and following the Judgment passed by this Court in W.P.No.42618 of 2022, dated 06.02.2026, the Writ Petition is disposed of with the consent of both parties with the following directions:

                  i) The Respondent Authorities are directed to issue provisional Community Certificate in favour of the Petitioner provided as per Rules 19 of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this Order.

                  ii) It is made clear that the Provisional Community Certificate would be subject to the outcome of the appeals filed by the Appellate Authority/State Government.

                  iii) In the event the appeals filed under Section 7 of the Act, 1993, were dismissed, cancelling the Community Certificate of the members of Kondakapu Schedule Tribe Community by the Appellate Authority/State Government, the natural guardian of the Petitioner shall pay the differential fee as directed by the Respondents.

                  iv) There shall be no order as to costs.

As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed.

 
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