B PURNIMA ANANTHA LAKSHMI Vs. DISTRICT COLLECTOR VISAKHAPATNAM

JUDGEMENT

(1.) The appellant-plaintiff filed the second appeal against the decree and judgement in A.S.No. 91 of 1998 dated 25.7.1989 on the file of the District Court at Visakhapatnam in confirming the decree and judgement in O.S.No. 662 of 1982 dated 28.12.1987 on the file of the IV Additional District Munsif at Visakhapatnam in dismissing the suit filed for declaration that the plaintiff belongs to Kondareddy caste of Dummugudem village in Khammam District and for consequential relief.

(2.) The brief facts of the case are as follows: The plaintiff contended that she belongs to a family of Kondareddy caste, which is classified as Scheduled Tribe, and that her father is Rambabu Reddy, whose parents are Narayana Reddy and Appalanarsamma, who lived at Dummugudem. All the family members of the plaintiff were recognized and treated as Kondareddy community since several decades. The plaintiff studied matriculation in the year 1979, Intermediate and B.Sc first year in St. Joseph College at Waltair and the school records would show that she belongs to Scheduled Tribe. While so, the plaintiff appeared for entrance examination of M.B.B.S and oral interview was conducted on 16.5.1981 and she was selected for admission in the M.B.B.S course under the reservation quota of Scheduled Tribe. She came to know that her enemies sent an anonymous letter to the Government casting doubts over her caste and consequently, the 2nd defendant issued proceedings informing that her provisional selection and admission was kept in abeyance. Thereupon, she filed W.P.No. 1166 of 1982 and an interim direction was issued in the writ petition to admit her in the M.B.B.S course. The plaintiff was advised to file the present suit for declaration and hence the suit.

(3.) The 2nd defendant filed written statement, which was adopted by the 1st defendant. The 2nd defendant contended that the plaintiff was provisionally admitted in Andhra Medical College under the quota of Scheduled Caste since she claimed her caste as Kondareddy. Subsequently, on verification of the documents filed by the plaintiff, it was observed from the service records of the father of the plaintiff that they were residents of Rajahmundry and the father of the plaintiff studied in V.T School, Rajahmundry and were residing at Visakhapatnam and her father's name was noted as Rambabu Reddy and hence a doubt had arisen regarding her caste. Thus the matter was referred to the Director of Tribal Welfare, who, after verification, sent a report that the plaintiff and her ancestors belong to Ganjamreddy community and they were residents of Rajahmundry and they were not residents of Dummugudem and plaintiff did not belong to Kondareddy caste as claimed by her.