KUMARI T VARALAKSHMI Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has challenged a Memo dt. 30th May, 1984 which was issued to her by the Dean and Joint Director (Education) of the Indian Agricultural Research Institute, New Delhi. By this memo the petitioner was informed that she will not be permitted to register for III trimester commencing on 11th June, 1984 unless she produces a certificate from the Collector and District Magistrate, Hyderabad to the effect that her claim to S.T. Status is not under dispute and she belongs to S.T. In this memo the expression S.T. is the short form of Scheduled Tribe. Petition itself came to be filed in the following circumstances :

(2.) The petitioner, Km. Tota Veralakshmi who is daughter of Sri T.P.V. Subbarayadu was admitted into B.Sc. (Agriculture) of College of Agriculture, A.P. Agricultural University, Hyderabad during the academic year 1978-79. While she was studying in the said college, on report sent by Director of Social Welfare, the University has initiated proceedings to cancel her admission. At that stage the petitioner filed a writ petition in the Andhra Pradesh High Court. By the time that writ petition came to be decided the petitioner had appeared in the final examination of that course and her result had been declared as successful. At that stage, Hon'ble the Chief Justice of the Andhra Pradesh High Court took the view that it will not be in the interest of justice to cancel her result at that stage. But it was stated in the order that the University is not restrained from completing the enquiry and if the writ petitioner is aggrieved by the ultimate decision, it will be open to her to question that order. It was further stated by Hon'ble the Chief Justice."

(3.) In view of the circumstances at which the petitioner was being heard, the learned Chief Justice directed that the degree certificate shall be issued to the petitioner for the B.Sc. It appears that the University in the meantime had conducted an enquiry through Mr. A.K. Tigidi, Indian Administrative Service. Director of Tribal Welfare Andhra Pradesh, Hyderabad who reported that the petitoner's father is Sri T.P.V. Subbarayadu and the petitioner is his first daughter, her father is only son of Sri Tota Narasimha Murthy and Smt. Tota Kanakaratnam, Mr. Murthy, grandfather of the petitioner hailed from Srungavruksham village of Bhimavaram Taluq, West Godavari District. He also noted that the grandfather had two other brothers who migrated from Srungavriksham village and settled at Bhimavaram Town. He also noticed that the grandfather of the petitioner also migrated to Bhimavaram Town about 30 years ago and built a R.C.C. Building about 28 years ago which is used by the grandfather and his wife as their residence. He also traced the person whose daughter was married to her grandfather and what was the case of that family. He also examined the records relating to the brother and sisters of grandfather.