HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.24399 of 2011 Date : 5-11-2011 Between : T. Aswani d/o. T. Subbarayudu .. Petitioner And The Government of Andhra Pradesh, Represented by its Chief Secretary, Tribal Welfare Department, Hyderabad and others .. Respondents Counsel for petitioner : Sri M. Karibasaiah Counsel for respondent Nos.1 to 4 : Government Pleader for Social Welfare Counsel for respondent No.5 : Sri D.V. Nagarjuna Babu The Court made the following: ORDER: This Writ Petition is filed for a mandamus to set-aside proceedings dated 6-8-2011 of respondent No.2 whereby he requested respondent No.3 to cause a detailed enquiry into the Scheduled Tribe status of the petitioner and take necessary action in terms of A.P. (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 (for short "the Act"). This Court by order dated 6-9-2011 while directing respondent No.3 to make an enquiry in terms of the impugned proceedings of respondent No.2 and communicate the report to respondent No.2 on or before 15- 9-2011 and also place the same before this Court, directed respondent No.5 to consider the petitioner for admission into MBBS/BDS course on the basis of the community certificate dated 29-12-2009 issued by the Tahsildar, Nallamada, Anantapur District. At the hearing, the learned counsel for the petitioner submitted that on the strength of the said interim order of this Court, the petitioner was given admission into B.D.S. course and she is presently studying the said course. The learned Government Pleader for Social Welfare submitted that so far the District Level Committee has not completed the enquiry. Inasmuch as respondent No.3 has power to cause an enquiry into the correctness of the community, nativity or date of birth certificates of the Tribals under rule 9(10) of the A.P. Scheduled Castes, Scheduled Tribes and Backward Classes-Issue of Community, Nativity and Date of Birth Certificates Rules, 1997 (for short “the Rules”), I do not find any illegality in the impugned order of respondent No.2. Since an enquiry has already been initiated on the request of respondent No.2, respondent No.3 is directed to get the enquiry completed and pass an appropriate order after giving opportunity of being heard to the petitioner in terms of the provisions of the Act and the Rules and communicate the decision to the petitioner within a period of three months from today. The admission of the petitioner into the B.D.S. course shall be subject to the result of the enquiry and final order that may be passed by respondent No.3. Subject to the above, the Writ Petition is disposed of. As a sequel, interim order dated 6-9-2011 is vacated and WPMP No.29940/2011 is disposed of as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 5-11-2011 AM