VIJAYALAXMI DEVI Vs. DIRECTOR TRIBAL WELFARE

JUDGEMENT

(1.) The petitioner appeared for EAMCET-2006 for taking admission into the Engineering course and secured rank No.74116. Pursuant to the intimation received from the Convener EAMCET-2006, she appeared for the counselling on 29.7.2006. Since she claimed admission under Scheduled Tribe category claiming social status as 'Konda Dora' (Scheduled Tribe), the 2nd respondent-Convener directed the petitioner to get clearance from the 1st respondent-Director of

(2.) Tribal Welfare. Accordingly, the petitioner appeared before the 1st respondent, and produced the caste certificate dated 4-6-1993 issued by the Mandal Revenue Officer, Salur, certifying that she belongs to 'Konda Dora' - ST community. However, the 1st respondent, having entertained a doubt as to the genuineness of the social status claimed by the petitioner, advised her to appear before the Director TCR & TI on 10.8.2006, along with her parents, who have full knowledge about her community and to furnish oral and documentary evidence to substantiate the scheduled tribe status claimed by her. To that effect a memo dated 31.7.2006 was issued making it clear that the seat granted to her shall be kept in abeyance until further orders from his Office, and no fees shall be accepted from her until clearance certificate is issued about her claim. In turn, the 2nd respondent made an endorsement withholding the order of allotment of seat. Aggrieved by the same, this Writ Petition is filed seeking a Writ of Certiorari to quash the memo dated 31.7.2006 issued by the 1st respondent being arbitrary, illegal and without jurisdiction. It is pleaded by the petitioner that for the last two centuries the community of the petitioner's family has been recognized as 'Konda Dora', and that the social status claimed by them was upheld in Writ Petition No.1782 of 1983 and W.A.No.9 of 1986 preferred by the Government was dismissed. Again in W.P.No.11916 of 1987, this Court directed the Government to treat the grandfather of the petitioner as a member of the Scheduled Tribe, unless a contrary conclusion is arrived at. Till date, the social status of the petitioner's family remained undisputed and, therefore, there is absolutely no justifiable reason to entertain a doubt as to the genuineness of the social status claimed by the petitioner.

(3.) The petitioner contended that even in case any doubt is entertained, under the provisions of the Andhra Pradesh (Scheduled Caste, Scheduled Tribe, Backward Classes) Regulation of Issue of Community Certificate) Act, 1993 (for short "the Act"), the District Collector alone is the competent authority to adjudicate the claims of the members of the Scheduled Tribe community and, therefore, the memo issued by the 1st respondent is without jurisdiction and illegal being contrary to the provisions of the Act and the Rules made thereunder vide G.O.Ms.No.58 dated 12.5.1997. I have heard the learned counsel for the petitioner as well as the learned Government Pleader for Social Welfare appearing for the respondents. It is true that Section 5 of the Act confers power on the District Collector, either suo motu or on a written complaint by any person, to call for the record and enquire into the correctness of a community certificate obtained by a person to the effect that he belongs to any of the S.C., S.T. or Backward Classes. On such enquiry, if he is of the opinion that the certificate was obtained fraudulently, he shall, by notification, cancel the certificate after giving the person concerned an opportunity of making a representation. Section 5 of the Act may be extracted hereunder: