T ASWANI Vs. GOVERNMENT OF ANDHRA

JUDGEMENT

(1.) THE petitioner herein who is studying 3rd year BDS course filed this writ petition complaining that the university is not allowing her to appear for the 3rd year BDS examinations by not receiving the examination fee. It appears, the petitioner claimed social status as a member belonging to Scheduled Tribe. On the strength and basis of the social status claimed, she gained admission to the BDS course against one of the seats reserved for the candidates belonging to the Scheduled Tribe. When the Director of Tribal Welfare entertained a doubt about the genuineness of the claim made by her, the matter was referred to the Collector and District Magistrate, Anantapur, who by his order dated 25.01.2013 declared that the petitioner does not belong to any Scheduled Tribe community and that her claim in that regard is a fraudulent one. Earlier thereto, the petitioner approached this Court by instituting W.P.No.24399 of 2011 and this Court by its order dated 05.11.2011 permitted her to be admitted in BDS course on provisional basis. Against the orders of the District Collector, she preferred an appeal to the State Government and entertaining the same, the State Government on 19.03.2013 granted stay as prayed for, pending disposal of the appeal. The appeal is not taken up for consideration for the past over 1 years time by the State Government. The petitioner is approaching this Court on one pretext or the other and continuing her education. In view of the orders passed by this Court on previous occasions, it would only be appropriate to direct the second respondent to receive fee from the petitioner and permit her to appear for the year end examinations of the 3rd year BDS course.

(2.) THE second respondent is directed to publish the result of the writ petitioner and allow her to proceed to the next stage of training/academic programme, in case, the petitioner has cleared the examinations.

(3.) THE State Government should realize that, the appeal preferred against an order of cancellation of the social status certificate of the writ petitioner as a member belonging to Scheduled Tribe is kept pending. By virtue of the pendency of the appeal, the petitioner has almost completed her course. In case the appeal is decided against her interests, there is no way the petitioner can compensate the State for wrongful gain by securing admission in BDS course against one of the seats reserved for Scheduled Tribe.