DISTRICT COLLECTOR KHAMMAM Vs. GUNDLA VENKATARAMANA

JUDGEMENT

(1.) This Writ Appeal Is preferred by the respondents in the writ petition against the judgment of the learned single judge allowing the writ petition filed by respondents 1 and 2. The learned single judge has directed the appellants herein to issue a certificate showing that the 1st petitioner belongs to a Scheduled Tribe for the purpose of admissison to Engineering Colleges in the State. For the sake of convenience we shall refer to the parties as they are arrayed In the writ petition.

(2.) The two petitioners, Gundla Vankateswara Rao and Gundla Prabhakar together with their father, Dyvadeenam. constitute a Hindu joint family. They are residents of Pinapaka village within the Taluk of Burgampahad in Khammam District. The said village is situated within a scheduled area declared under the Scheduled Areas (Part-B States) Order, 1950, issued by the President of India under paragraph 6 (1) of fifth- schedule to the Constitution. They belong to "Goud" community.

(3.) The Rules relating to admission to Engineering Colleges in the State reserve 6% of the seats in favour of member of Scheduled Tribes. Scheduled Tribes are described as those that are mentioned in the Constitution (Scheduled Tribes) Order, 1950, issued by the President of India under Art 342 of the Constitution. An Applicant belonging to a Scheduled Tribe is required to enclose a certificate from the Tahsildar concerned certifying the said fact.