IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.18081 of 2005 Between: Vineeth Sakhireddi S/o. Venkata Sanyasi Rao Venkata Sanyasi Rao S/o. Veerabhadra Rao, aged about 45 yrs, R/o. 10- 5-8, Nageswar Rao Street, Rama Rao Pet, Kakinada, East Godavari District, ..... PETITIONER AND 1 Commissioner of Tribal Welfare, Andhra PRadesh, Telugu Samkshema Bhavan, Masab Tank, Hyderabad, 2 N.T.R. University of Health Sciences, Rep. by its Registrar, Vijayawada, Krishna District, 3 Rangaraya Medical College, Rep. by its Principal, Kakinada, 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 may be pleased to issue a Writ of Mandamus or any other appropriate writ declaring that the action of the Respondents 1 and 2 in doubting the social status certificate of the petitioner (Integrated Community Certificate dt. 21-2-2004 issued under Act No. 16/1993), is arbitrary, and without jurisdiction or in the alternative declare that the inaction on the part of the 1st Respondent in not finalizing the doubt raised about social status certificate of the petitioner and the consequent denial of attendance to the 1st year M.B.B.S. course in the 3rd Respondent college, is arbitrary and illegal and direct the respondents to permit the petitioner to prosecute M.B.B.S. Course for the academic year 2005-06 onwards in the 3rd Respondent college on the basis of the Intergrated community Certificate dt. 21-2-2004 and grant such other relief as it deems fit in the circumstances of the case. Counsel for the Petitioner:MR.V.VENKATARAMANA Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.18081 of 2005 ORDER: This writ petition has been filed seeking a Writ of Mandamus to declare the action of respondents 1 and 2 in doubting his social status certificate issued on 21-02-2004 as illegal and arbitrary, and consequently to direct the respondents to permit him to prosecute MBBS Course for the academic year 2005-06 onwards in the 3rd respondent college. This court by order, dated 17-08-2005, directed respondents 2 and 3 to allow the petitioner to attend the classes. However, it is made clear that by attending the classes, the petitioner cannot claim any equities. Learned Government Pleader appearing for the respondents submits that on verification of the community certificate of the petitioner, it was found that Scheduled Tribe status claim of the petitioner, as belonging to Kondakapu community, was felt doubtful and accordingly, a memo in Rc.No.2214/2005/TRI/VC1, dated 27-07-2005, was issued to the 2nd respondent directing to keep a seat in abeyance. The 1st respondent, after conducting preliminary enquiry, communicated the findings to the Collector, E.G.District, to take further action in the matter as per Act 16 of 1993 vide letter, dated 30-06-2006. As the enquiry is said to have been pending before the competent authority, the admission of the petitioner and completion of the M.B.B.S. course will be subject to the outcome of the final social status decided by the competent authority. Accordingly, the writ petition is disposed of directing the District Collector, E.G.District, to complete the enquiry, if any pending, as expeditiously as possible. There shall be no order as to costs. __________ 15-07-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}