B VENKATA RAO Vs. PRINCIPAL ANDHRA MEDICAL COLLEGE

JUDGEMENT

(1.) The first petitioner is the son and the second petitioner Chenchu Naidu is the father. The first petitioner sought for and was provisionally admitted in the First Year M.B.B.S. Course on Oct. 9, 1980 as a Scheduled Tribe (Konda Kapu) on the basis of the caste certificate issued by the Tahsildar, Anakapalle on Aug. 7, 1980 and the Transfer Certificate dt. Oct. 3, 1980 issued by the Anakapalle College. The matter was referred to the Director of Tribal Welfare-2nd respondent for enquiry and report about the genuineness of the social status of the first petitioner.

(2.) The petitioners, at the threat of disciplinary action, appeared before the Director of Tribal Welfare on June 24, 1983 and furnished the unattested copy of the report about the caste verification of the second petitioner issued by the District Collector, Visakhapatnam, dt. July 2, 1964 claiming that he is a Konda Kapu (also known as Kondavalu, Kodu Valu and Koyas). Their Tribe has no sub-tribes; their family belongs to 'Naga' clan; Vasista is the name of the other tribe; Bellana is their surname; the surnames of their community people are Tadi, Yenni, Boyana, Jain, Golaga; their native place is Gudem, Jeypore Taluk in Koraput district, Orissa State; the approved form of marriage in their community is by negotiations; their community people are not traditionally permitted to dine with Mala, Madiga, Bill, Boya castes; Beaf eating is forbidden; they worship Surya; Venkateswara, Durga, Modu Kondamma and Naga.

(3.) G.O. Ms. No. 245, Social Welfare, dt. June 30, 1977 provides the information as regards Konda Kapu tribes. Investigation was conducted in the light of the information furnished and the guidelines provided in G.O. Ms. 245. Konda Kapu is not synonymous to Konda Valu, Kodu Valu and Koya in that G.O. Naga and Vasista clans do not find place among Konda Kapu tribes; persons bearing Bellana surname were not found in Kondakapu tribe; Among the Konda Kapus, the consumption of certain kinds of meat was not forbidden. Konda Kapus are not prohibited to dine with Mala, Madiga, Bill and Boya communities. The deities claimed to be worshipped by the petitioners and their people are not found in pantheon of the deities of Kondakapu tribe. It is further found during investigation that one Bellana Chinnama Naidu is the paternal grandfather of the second petitioner. Bellana Chinnama Naidu and his wife hail from Gudem village of Jaypore Taluk, Koraput district in Orissa State and the genealogy of various persons has been mentioned in the report the details of which are not material, but suffice it to state that all of them have settled down in Gajapathinagaram, about 80 years back. The father of the second petitioner had three sons - Chenchu Naidu (2nd petitioner), Chinnama Naidu and Gunnama Naidu and two daughters - Gangamma and Appayamma. The second petitioner married Appala Naidu Kondamma daughter of Thadi Gangaiah Naidu of Modaraveedhi of Parvathipuram. All the people reside in Diguva Veedhi at Gajapathinagaram. The second petitioner was born on July 1, 1937 and studied at Gajapathinagaram. The second petitioner has the first petitioner (son) and two daughters by name Sri Devi and Padmalatha. Bellana people are land-owning agriculturists in Gajapathinagaram and they are prominent among the people there. The village munsif hails from their family; his service role as V. M. shows that he is Kapu by caste. In the voters' list, it is stated as 'non-scheduled tribe voters'. All the persons bearing Bellana surname have been listed as Non-scheduled tribes in Gajapathinagaram. The brothers and sisters of the second petitioner and their family were enumerated in the voters list at S. Nos. 249 to 252 pertaining to the year 1980 and all of them have been shown as nonscheduled tribe voters. The relations of the petitioners bear the surnames. - Alti, Soora, Gedda and Tadi, and all of them are enumerated as Kapus by caste. The first petitioner and his sister (Sridevi) studied from Class I to Class V in the Municipal Sriram Pathasala, Visakhapatnam during the years 1968 to 1972. The school records show that the first petitioner and Bellana Sridevi, as against their caste column, it was described as Kapus. Again, the first petitioner studied Vth Class in C.M.P. Hope Hall Upper Primary School, Visakhapatnam for some time. Therein also he was described as Kapu by caste. He joined in the Municipal High School, Srikakulam in Vth Class in the year 1973-74. Therein also his caste was mentioned as Kapu. He joined VII Class in S.J.R.R.M.M. High School, Guntur in 1974. The second petitioner filled the application form for admission therein on Oct. 28, 1974 duly enclosing the transfer certificate from the Municipal High School Srikakulam. Therein, he stated that he belongs to Kapu by caste and that he does not belong to Scheduled Tribe. The Transfer Certificate from the Municipal High School, Srikakulam also shows that the first petitioner is Kapu by caste. But surprisingly, it is recorded in the admission register of the above High School at Guntur, as Kondakapu and the transfer certificate issued by S.J.R.R.M.M. High School, Guntur now reflected, as Konda Kapu and it was produced for admission into first year Intermediate in Hindu College, Guntur and recorded therein also as Kondakapu. The Transfer Certificate issued by the Hindu College, Guntur describing the first petitioner as Konda Kapu was produced in the A.M.A.L. College, Anakapalli where the first petitioner was admitted to second year Intermediate and there it was recorded again as Kondakapu. Sridevi the elder sister of the fist petitioner - the eldest daughter of the second petitioner studied in Akasapuram Special Elementary School, Vizianagaram. In that school, it was clearly mentioned her caste as Kapu. Later she studied in Sri Rama Basic Pathasala, Visakhapatnam. In the said school records also her caste was shown as Kapu. Padmalatha, the younger sister of the first petitioner - the youngest daughter of the second petitioner, studied in S.J.R.R.M.M. High School, Guntur and Municipal Girls High School, Anakapalli. The school registers of those schools clearly show that her caste has been described as Kapu.