Andhra Pradesh High Court

WP/14234/2026 of Kushal Sahu Vs The State of Andhra Pradesh on 7 May 2026

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 14234/2026 Between: 1. KUSHAL SAHU, S/O. KESAVO SAHU, AGED 17

APHC010273062026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

MONDAY,THE TWENTY SEVENTH DAY OF APRIL

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

WRIT PETITION NO: 14234/2026

Between:

1. KUSHAL SAHU, S/O. KESAVO SAHU, AGED 17 YEARS, OCC STUDENT, REP. BY HER FATHER, KESAVO SAHU

S/O. BRUNDAVANA SAHU, AGED 39 YEARS, RIO.

KOKKILIPUTTAGA

VILLAGE,

KANCHILI

MANDAL,

SRIKAKULAM DISTRICT.

...PETITIONER

AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS

PRINCIPAL

SECRETARY,

TRIBAL

WELFARE

DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522237.

2. THE DISTRICT COLLECTOR, SRIKAKULAM, SRIKAKULAM

DISTRICT - 532001.

3. THE REVENUE DIVISIONAL OFFICER, PALASA REVENUE

DIVISION, SRIKAKULAM DISTRICT - 532221.

4. THE

TAHSILDAR,

KANCHILI

MANDAL,

SRIKAKULAM

DISTRICT - 532290.

5. JOINT SEAT ALLOCATION AUTHORITY, ADMISSION AND

E-COUNSELING SERVICES FOR SESSION 2026, THE

MINISTRY OF EDUCATION (MOE), D.NO.122-C, SHASTRI

BHAWAN, NEW DELHI -110001.

6. THE CONVENER, APEAPCET-2026 ADMISSIONS, D. NO

11-307, GARUDADRI K.K TOWERS FLAT.NO 501, 6TH

FLOOR, LAKSHMI NARASIMHA COLONY BYPASS ROAD, NEAR

DR.YSR

AAROGYASRI

HEALTHCARE

TRUST

MANGALAGIRI, GUNTUR DISTRICT-522 503.

...RESPONDENT(S):

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 any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of the respondents in not issuing the ST Caste Certificate, Bentho Oriya to the petitioner's son Kushal Sahu despite making the application for issuance as per the Act and Rules, Andhra Pradesh Schedule Castes, Schedule Tribes and Backward Classes - Issuance of Community, Nativity and Date of Birth Certificates Act and Rules 1997 on 18.01.2025 thereby depriving the academic year career into Engineering Course in the 5th and 6th respondents college as illegal, arbitrary, unconstitutional, contrary to the Provisions of the Andhra Pradesh Schedule Castes, Schedule Tribes and Backward Classes - Issuance of Community, Nativity and Date of Birth Certificates Act and Rules 1997 on the guise of pendency of enquiry and violative of articles 14 and 21 of the Constitution of India and consequently direct the respondents to issue the Bentho Oriya ST Caste Certificate to the petitioner's son Kushal Sahu as per the law and to 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 to issue Provisional admission as per Rule 19 of A.P.

(SC, ST and BC) Regulation of Issuance of Community Certificate Act, 1993 and Rules 1997 to the petitioners son Kushal Sahu as

Bentho Oriya Tribe Category (ST) enabling to secure admission into Engineering Course, (JOSAA) Joint Seat Allocation Authority and Apeapcet-2026, the 5t"

and

6th

respondents

through

counseling/certificate verification schedule or any other subsequent date for of pending disposal of the above writ petition and pass such Counsel for the Petitioner:

1. CHUKKA KRANTHI KIRAN

Counsel for the Respondent(S):

1. GP FOR REVENUE

2. GP FOR SOCIAL WELFARE

The Court made the following:

HON’BLE SRI JUSTICE NYAPATHY VIJAY

WRIT PETITION No.14234 of 2026

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ORDER:

1. The present Writ Petition is filed questioning the action of Respondents in not issuing Provisional S.T. Caste Certificate (Bentho Oriya) to the Petitioner despite making application, and to declare the same as illegal and arbitrary.

2. The Petitioner claims that he belongs to Bentho Oriya Community, which is now coming under Schedule Tribes and he is due to appear for competitive examination to pursue Engineering Course in the ensuing Academic Year. It is stated that the Petitioner’s father was having ‘Bentho Oriya Caste Certificate’ stating that he belongs to Bentho Oriya Community. As his application was not being considered by the Respondent-authorities, the present Writ Petition is filed.

3. Considering the submissions, the Writ Petition is disposed of, with the following directions;

i) The Respondent-authorities are directed to examine the certified documents relied upon by the Petitioner and consider for issuance of Provisional Caste Certificate within a period of four (4) weeks from the date of receipt of a copy of this order;

ii) No order as to costs.

As a sequel, pending applications, if any, shall stand closed.

__________________ NYAPATHY VIJAY, J

Date: 08.05.2026

IS

HON’BLE SRI JUSTICE NYAPATHY VIJAY

WRIT PETITION No.14234 of 2026 Date: 08.05.2026

IS

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