P NEERAJA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed seeking Writ of Mandamus directing the first and second respondents, viz., the Union of India and the State of Andhra Pradesh respectively, to delete (i) Sugali/Lambada, (ii) Yerukala and (iii) Valmiki communities from the Scheduled Tribes of Andhra Pradesh and for other consequential reliefs.

(2.) The 1st petitioner submits that the she belongs to 'Koya' communitywhich is listed as Scheduled Tribe Category. She appeared for the EAMCET-97 examination and secured '12010' rank. As there were some more S.T. candidates who secured merit rank, the case of the 1st petitioner was not considered for admission into MBBS Course. Her case is that she belongs to original Koya community and without giving her preferential right among communities dubbed in S.T. category, candidates belonging to other tribal communities mentioned in the Constitution (Scheduled Tribes) Order, 1950, (for short 'the Order') were given seats. As such she is deprived of a seat in MBBS course. Hence, the action of the Convenor, EAMCET-97, the third respondent herein in not allotting a seat to the first petitioner in MBBS course under Koya category is illegal and arbitrary.

(3.) It is submitted on behalf of the petitioner, that a Division Bench of thisCourt has directed the third respondent to allot seats to fifty seven candidates and as such the first petitioner also can be given a seat in MBBS course along with those fifty seven candidates and a direction to this extent may be issued to the third respondent. The second petitioner further submits that the Order issued under Article 342 of the Constitution of India, which was subsequently amended from time to time is also illegal and contrary to the provisions of the Constitution. Therefore, it was submitted that petitioner should be granted admission into MBBS course on preferential basis.