IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 12946 of 2008 Between: Savalam Sunil Joshi, S/o. Savalam Subrahmanyam, Rep. by his Guardian, Arthur Prasad, R/o. D.No. 55-7-48, Suviseshapuram, . Rajahmundry, East Godavari District - 533 105. ..... PETITIONER AND 1 The Director of Tribal Welfare, D.S.S. Bhavan, Masab Tank, Hyderabad. 2 The District Collector, East Godavari District, Kakinada. 3 The Principal, Andhra Polytechnic College, Kakinada, East Godavari District. 4 The District Level Scrutiny Committee (D.L.S.C.), Rep. by Joint Collector, East Godavari District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to set aside the findings of the 1st respondent issued in impugned proceedings dated 13-6-2008 as to the caste status of the Petitioner and to direct the Respondents 2 and 4 not to get influence by the said findings of the 1st Respondent and conduct enquiry and decide the issue of caste status impartially based upon various reports already submitted by the Revenue authorities in the matter of caste verification of the Petitioner's family members and further direct the Respondents 1,2 and 4 not to repeatedly insist for enquiries and deprive the rights and consequently direct the 3rd respondent to permit the petitioner to pursue and complete his studies by issuing such Writ of Mandamus and pass Counsel for the Petitioner:MR.SATISH DESHPANDEY Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 12946 OF 2008 ORDER: 1. This writ petition has been filed by Savalam Sunil Joshi with a prayer to issue direction to the respondents No. 2 to 4 to examine the case of the petitioner as to whether he belonged to Scheduled Caste Community or not, uninfluenced with any of the observations made by the Director of Tribal Welfare, D.S.S.Bhavan, Masab Tank, Hyderabad-1st Respondent in R.C.No. 1356/2/2008/TR/1 VC-3, dated 13-6-2008. 2. Some complaints have been received that the petitioner does not belong to Schedule Tribe Community. Proceedings have been initiated under the provisions of SCs, and STs, (Amendment) Act, 1976. It appears that the Director of Tribal Welfare, Masab Tank , Hyderabad-1st Respondent made certain enquiries and submitted his report to Collector and District Magistrate, East Godavari, Kakinada. Certain adverse findings came to be recorded against the petitioner in the said report. The apprehension of the petitioner is that the District Level Scrutiny Committee-4th Respondent may accept the report in toto without making any independent enquiry. Hence, this writ petition with the prayer stated supra. 3. Heard learned counsel for the petitioner and learned Government Pleader for Social Welfare appearing for Respondents 1, 2 and 4. 4. Learned counsel appearing for the petitioner submits that the report of the Director of Tribal Welfare, 1st Respondent is not based on any material and therefore, the said report cannot be relied upon by the District Level Scrutiny Committee-4th Respondent. 5. Learned Government Pleader for Social Welfare appearing on behalf of Respondents No.1,2 and 4 submits that the enquiry will be conducted in accordance with the procedure laid down in the Andhra Pradesh ( SCs, STs and B.Cs) Regulation of issue of Community Certificates Act, 1993 and Rules framed there under. 6. The District Level Scrutiny Committee, is the competent authority to examine and submit a report with regard to the status claimed by the petitioner. The report submitted by the respondent No.1 can be a piece of evidence and it cannot be the sole basis to jump at the conclusion that the petitioner does not belong to Schedule Tribe. The District Level Scrutiny Committee-4th Respondent has to arrive at its own conclusion basing on the material placed before it. 7. With the above observation, the writ petition is disposed of at the admission stage. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 23rd June, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 12946 OF 2008 23rd June, 2008.