IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 26283 of 2008 Between: Revuru Lathaswi, R/o. D.No.25-2-1584, Umma Reddy Gunta, Nellore-524004. rep. by her Father and Natural Guardian Revuru Purnachandra Prasad. ..... PETITIONER AND 1 The Commissioner of Social Welfare, Andhra Pradesh, Sankshema Bhavan, Masab Tank, Hyderabad. 2 The District Collector, Sri Potti Sriramulu Nellore District, at Nellore. 3 The Revenue Divisional Officer, Nellore, Sri Potti Sriramulu Nellore District 4 The Deputy Director, Social Welfare Department, Nellore, Sri Potti Sriramulu Nellore District 5 The Assistant Social Welfare Officer, Kovur, Sri Potti Sriramulu Nellore District. 6 The Principal, AL Huda Polytechnic, Chintareddypalem, Nellore, Sri Potti Sriramulu Nellore 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 issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the caste certificate bearing No. R.Dis.1606/2007, dated 21.05.2007 issued by the Revenue Divisional Office, Nellore to the petitioner relating to her social status as Schedule Caste (Budaga Jangam) for granting Post Metric Scholarship under S.C. Category as illegal, arbitrary and unjust and consequently direct the respondents herein to consider the Application for Post Metric Scholarship of the petitioner on the basis of the SC Category (Budaga Jangam Caste) certificate issued by the 3rd respondent herein in R.Dis.1606/2007, dated 21.05.2007. Counsel for the Petitioner:MR.N.SIVA REDDY Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the respondents in not considering the Caste Certificate bearing No.R.Dis. 1606/2007, dated 21.5.2007 issued by the 3rd respondent- Revenue Divisional Officer, Nellore relating to the petitioner’s social status as Scheduled Caste (Budaga Jangam) for granting Post Metric Scholarship under S.C. Category, as arbitrary and illegal, and consequently direct the respondents to consider the petitioner’s Application dated 4.9.2008 for Post Metric Scholarship on the basis of the Scheduled Caste (Budaga Jangam) Certificate dated 21.5.2007 issued by the 3rd respondent. The petitioner asserts that she belongs to “Budaga Jangam” caste, which is recognized as a Scheduled Caste under the Constitution (Scheduled Caste) Order, 1950. She got a seat reserved for S.C. category in AL Huda Polytechnic College, Nellore run by the 6th respondent and produced S.C. Certificate dated, 21.5.2007 at the of time of her admission into the College in June, 2008. Now, the petitioner’s grievance is that when she applied for grant of Post Metric Scholarship under the category of Schedule Caste, her application dated 4.9.2008 was forwarded through the College to the 5th respondent-Assistant Social Welfare Officer, but the 5th respondent has not accepted her application for onward submission to the 4th respondent-Deputy Director on the ground that her community “Budaga Jangam” is deleted from the S.C. category by the Government recently. Heard the learned counsel for both the parties and perused the material placed on record. Once it is the petitioner’s contention that she got admission into the College on the basis of the Caste Certificate issued by the 3rd respondent and her admission is reserved for S.C. candidates, in my considered view, the authorities, should have passed an order as to whether the petitioner is entitled to Post Metric Scholarship or not taking into consideration the Caste Certificate dated 21.5.2007 issued by the 3rd respondent. Hence, this writ petition is disposed of at the admission stage with a direction to the respondents to consider the petitioner’s Application dated 4.9.2008 and pass appropriate orders as to whether she is entitled to the post Metric Scholarship on the basis of the Schedule Caste Certificate dated 21.5.2007 issued by the 3rd respondent. No costs. ______________ 02.12.2008 Note: Furnish copy by tomorrow B/o bcj