P KRANTHI Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The Writ Petition is filed for a declaration that the action of the Commissioner of Trible Welfare and the Convenor, EAMCET-99 in not granting admission to the petitioner in the Ist year B.Tech. Course in accordance with the rank obtained by her in EAMCET -99 duly considering the Community, Nativity and Date of Birth Certificate dated 18-9-1999 (hereafter called the Integrated Community Certificate) issued by the 5th respondent, as illegal and for a further direction to the respondents 2 and 3 to grant admission to the petitioner duly setting aside the Memo dated 18-11-1999 issued by the 2nd respondent.

(2.) The learned GP for Social Welfare appeared at the time of admission and the matter was heard at length as the question involved is regarding the admission of the petitioner to B.E. course for which classes are likely to commence shortly. The learned GP has made submissions based on instructions and submitted that as per the admission Rules for B.E. and other professional courses, the Commissioner of Tribal Welfare or the Commissioner of Social Welfare or their nominees are very much required in the admission committee at the time of counselling to prevent misuse of the community certificates, especially by those who produce false and spurious community certificates depriving the genuine persons. This submission can be better appreciated by referring to few facts relevant for the purpose of this case.

(3.) The petitioner appeared for EAMCET-99 in Engineering stream and obtained a rank. She belongs to Scheduled Tribe 'Mannervarlu'. She obtained an integrated community certificate in accordance with the provisions of A.P.(SCs, STs and BCs) Regulation of Issue of Community Certificates Act, 1993 (hereafter called the Act) and A.P.(SCs, STs and BCs) Issue of Community, Nativity and Date of Birth Certificate Rules, 1997 (hereafter called the Rules) from the Mandal Revenue Officer, the competent authority. The certificate bearing S.No. 039539 and Certificate No. D/ 4308/97/408 dated 19-9-1999 clearly shows that the petitioner belongs to 'Mannervarlu' Scheduled Tribe. Armed with the said integrated community certificate, she appeared for the counselling conducted by the third respondent on 18-11-1999 and produced all the certificates before the Convenor. The 2nd respondent issued a memo in Rc. No. 905/99/TRI/VC2 dated 18-11-1999 to the effect that the surname 'pokala' which the petitioner has is uncommon among 'Mannervarlu', that the matter requires deeper probe and, therefore, the seat allotted to the petitioner be kept in abeyance until further orders. The petitioner was also advised to appear before the Commissioner of Tribal Welfare on 29-11-1999. Aggrieved by this action, the petitioner approached this Court.