BARIKI RAJANNA Vs. JAWAHAR LAL NEHRU TECHNOLOGICAL UNIVERSITY

JUDGEMENT

(1.) The writ petition raises an interesting question about the social status of the petitioner, who claims to be a member of the Bariki community. The petitioner prays for the issue of a Writ of Mandamus directing the respondents to issue the consolidated Marks Memorandum of B E (Civil Course), Transfer Certificate, Conduct Certificate, Study Certificate, Provisional Certificate, Degree Certificate and Original Marks Memprandum of Intermediate and X Class belonging to the petitioner and further declaring that the action of the respondents in withholding them as illegal, improper and unauthorised.

(2.) The basic facts are as follows : The petitioner claims to belong to Bariki community, which is a scheduled caste in acccordance with the Constitution (Scheduled Castes) Order, 1950. It seems his paternal grand-father was also a Barik and so was his father. He studied in Panchayat Elementary School, Nitravatti and in the Government Boys High School, Alur and was placed in the 1st division. He passed his Government Intermediate Examination from the Intermediate College Alur in the 2nd division. Through out his academic career, he was exempted from paying the school fees on the ground that he belongs to the Bariki community which is considered to be a scheduled caste in accordance with the schedule published under the Constitution (Scheduled Castes) Order, 1950. It seems he enjoyed other amenities also which go along with Bariki community during his student days in various institutions. He appeared in EMGET '85 Examination and secured the rank of 10739. The petitioner was allotted to the Anantapur Engineering College subject to verification of his caste as to whether Bariki caste was prevalent in Alur Taluk in Kurnool District. Since he was not admitted immediately, he filed W P No. 8443/85 and on 17-12-1986, a Division Bench of this Court held inter alia that the petitioner was granted admission into the I year B E Course subject to the verification as to whether the Bariki community was prevalent in Aluru and it was a scheduled caste in Kurnool District. The certificate produced by the petitioner prima facie shows that he was a person belonging to Bariki community included in the scheduled castes. The writ petition was disposed of directing the respondents to allow the petitioner to continue and complete his course of study. But it was observed that the Authorities will not be precluded from making necessary investigations to find out whether he really belonged to Bariki Community or not.

(3.) It is pertinent to observe that there are two issues which need consideration in this writ petition. The first issue to be considered is whether the petitioner belongs to the Bariki community or not. The second issue which requires consideration is whether the Bariki community as a whole flourishing in any part of the State of Andhra Pradesh, comes within the category of scheduled caste as per the schedule issued under the Constitution ( Scheduled Castes ) Order. 1950 promulgated under Cl (1) of Art. 341 of the Constitution by the President of India. A reading of the judgment of the Division Bench clearly reveals the fact that what was permitted to be investigated is the question whether the petitioner balongs to Bariki community. The 2nd question whether the Bariki Community in Aluru taluk in Kurnool district comes within the category of scheduled caste or not requires no investigation, as the Bariki community figures at Serial No. 7 in the said schedule promulgated under Cl. (1) of Art. 341 of the Constitution of India.