D MANIKYAMALA Vs. PRINCIPAL ANDHRA MEDICAL COLLEGE VISAKHAPATNAM

JUDGEMENT

(1.) This Writ Appeal is preierred against the order dated 30th November, 1988 passed by Ramaswamy, J as he then was, dismissing Writ Petition No 3808 of 1985 filed by the appellants herein for issue of a Writ, particularly in the nature of Certiorari or an order or direction calling for the records pertaining to the proceedings dated 11th April, 1985 of the Principal, Andbra Medkal College, Visakhapatnam, the 1st respondent herein, cancelling the admission of the 1st appeallant into the M.B B.S, course offered by the College for the academic year, 1980-81 and quashing the same.

(2.) The material facts giving rue to the filing of the Writ Petition may be briefly stated and reference is made to the parties ai arrayed in the Writ Petition: The 1st petitioner is the daughter of the 2nd petitioner. She appeared for the Entrance Test for admission into the course of M B.B S. offered by the Medical Colleges run by the State for the academic year, 1980-81 and she was selected for admission against the seats reserved for members of Scheduled Tribes. She claims to belong to 'Konda Kapu' community classified as a Schedule Tribe in and by the Constitution Scheduled Tribrs) Order, 1950 and notified as such in the Ruies for Admission to the 1st year M.B B S. course in the Medical Colleges situate in the Andhra Pradesh State, issued iu G.O. Ms. No. 447 dated 10th July, 1979 as amended in G.O. Ms. No, 793, Medical and Health, dated 18th July, 1980 In support of her social status she enclosed to her application a certificate dated 19th August 1980 issued by the Tahsildar, Nakkapalli, Visakhapatnanm district She was actually admitted into the 1st year MBBS, course offered by the Andhra Medical College, Visakhapatnam by the Principal of the Audhra Medical College, the 1st respondent on the 13th October, 1980, However, the 1st respoudent referred the genuineness ot the claim of social status ot the petitioners to the Director of Tribal Welfare, Hyderabad, the 2nd respondent herein as provided by Rule 2(c) (III) of the rules issued in G.O. Ms. No. 793 dated 18tu July, 1980 tor verification and directed the 1st petitioner by his memo dated Mb. December, 1980 to appear before the Joint Director ot Tribal Welfare, Andhra Pradesh, Hyderabad on the 5th December, 1980 with necessary documentary proof for verification of her claim, in obedience to the memo, the 1st petitioner appeared before the Joint Director, Tribal Welfare, on the 5th December. 1980 and produced before him the following five documents:

(3.) Aggrieved by the order of Ramaswamy, J the above Writ Appeal was filed by the petitioners