M SUBBAIAH DR Vs. COMMISSIONER TRIBAL WELFARE DEPT

JUDGEMENT

(1.) Petitioner is the father of minor girl Kum. M. Jyothi who seems to have appeared for the EAMCET-95 and has secured a rank of 2628. Petitioner claims that he is a member of Yanadi community which is recognised as Scheduled Tribe in the State of Andhra Pradesh. He states that his eldest daughter Kum. Sunitha appeared in EAMCET-92 and secured a seat in Osmania Medical College in Hyderabad and is studying her 4th year in MBBS Course. As per the requirement of the rules, the petitioner stated to have approached the first respondent for clearing the social status of the petitioner. He seems to have filed certain documents which would justify his claim to be. a member of Scheduled Tribe. When he found certain difficulties, he approached this Court by way of a Writ Petition No.675 of 1993 and this Court while admitting the writ petition on 28-1-1993 seems to have passed an order to the effect that the petitioner's eldest daughter to admitted in the I year MBBS Course without insisting the clearance certificate from the first respondent. On the basis of the said interim order, the petitioner's eldest daughter Kum. Sunitha has been admitted into MBBS I Year in Osmania Medical College and is now studying her fourth year. However, it is stated, the said Writ Petition No.675/93 is still pending on the file of this Court.

(2.) While so, the petitioner's second daughter Kum. Jyothi seems to have appeared for EAMCET-94 with Hall Ticket No.118068 seeking admission into Engineering Course and obtained a rank of 9805. It is stated that since the clearance from the first respondent is required as to her social status claim, the petitioner seems to have approached the first respondenton 5-5-1994. The office of the first respondent seems to have issued a Memo on 5-5-1994 directing the petitioner to produce documentary and oral evidence on 13-5-1994 at 11.00 A.M. Petitioner status that though he appeared on the said day, no orders have been passed so far with the result, his second daughter lost one year. The Petitioner's second daughter got interview call from the second respondent on 3-8-1994 around 9.00 A.M. Accordingly, the petitioner along with is second daughter approached the second respondent to participate in the interview. Petitioner states that when the interview was about to take place, the staff of the first respondent served the memo bearing No.Rc.No.3520/94/TRI/VC-2, dated 3-8-1994 on the petitioner and prevented his second daughter from appearing the interview. It is further stated that the petitioner's first daughter submitted her application along with the caste certificate issued by M.R.O., Balanagar and therefore, normally, the first respondent should have accepted their social status.

(3.) However, the petitioner's second daughter again appeared in the EAMCET-95 for admission into Engineering Course and secured a rank of 2628. Her interview was scheduled on 11-7-1995 around 9.30 A.M. Petitioner apprehends that the respondent No.l may again prevent the petitioner's second daughter Kum. M. Jyothi from obtaining admission in Engineering faculty against S.T. quota, and therefore, the petitioner is before this Court seeking a mandamus declaring that the petitioner's second daughter Kum. M. Jyothi is entitled to be considered for admission in Engineering Course in S.T. quota pursuant to the results of EAMCET-95 and seeks a further direction to the second respondent not to insist for clearance of her social status for the purpose of admission.