THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.20516 of 2008 ORDER: In this Writ Petition, petitioner, who is a minor represented by her guardian, seeks a mandamus declaring the action of the respondents in denying admission to her under Scheduled Caste category in engineering course during academic year 2008-09, as illegal and arbitrary, and consequently, direct the respondents to extend the benefits of Scheduled Caste candidates for prosecuting her studies. In the affidavit filed in support of the Writ Petition, it is stated that the petitioner belongs to Chambhar community, which is recognized as Scheduled Caste in both the States i.e. Maharashtra and Andhra Pradesh. It is further stated that her father who is her natural guardian, originally migrated to the State of Andhra Pradesh in regard to his employment in Ordinance Factory in 1987. It is further stated that she was born on 10.06.1991 at Yeddumailaram in Medak District in Andhra Pradesh and she studied from Class I to X in Kendriya Vidyalaya and completed her Intermediate from Sri Chaitanya Junior College, Chandanagar, Hyderabad, and for entry into the engineering course, she appeared for EAMCET-2008 and obtained the rank of 56713. It is further stated that based on the rank secured by her and in view of her claim for reservation under Scheduled Caste category, she was provisionally granted admission and was allotted a seat in the third respondent’s college - Principal, DVR College of Engineering & Technology, Kasipur, Kandi, Medak District, in Electronics and Communication Engineering. It is also stated that after provisional allotment, in view of communication sent by the second respondent - Commissioner of Social Welfare, Hyderabad, stating that Scheduled Caste reservation concession cannot be extended to her as her father was migrated from the State of Maharashtra, she was not allowed to prosecute her studies as such she approached this Court. It is the case of the petitioner that the caste, Chambhar, is recognized as Scheduled Caste in both the States of Maharashtra and Andhra Pradesh. It is her further case that she was born and she studied in the Andhra Pradesh State and there is also Community, Nativity and Date of Birth Certificate issued by the competent authority certifying her community as Scheduled Caste. In view of the said certification and when such certificate is in force, it is not open for the respondents to deprive the reservation to her. At the stage of admission, on 19.09.2008, this Court directed respondents 1 to 3 to consider the case of the petitioner by treating that she belongs to Scheduled Caste, based on the caste certificate issued by the Revenue Divisional Officer, Sanga Reddy. It is stated that consequent to such interim directions of this Court, the petitioner was admitted and now, she is pursuing III year of the course in the third respondent’s college. Though the Writ Petition is of 2008, there is no counter-affidavit filed by any of the respondents and the interim directions issued by this Court on 19.09.2008 continued all along. When there is a community certificate issued by the competent authority certifying that the petitioner belongs to Scheduled Caste, there is no reason for not extending the reservation provided to the Scheduled Caste candidates. More so, in this case, it is to be noticed that the petitioner specifically pleaded that Chambhar is recognized as Scheduled Caste in Maharashtra as well as Andhra Pradesh. As evident from the material placed before this Court, the petitioner was born in the State of Andhra Pradesh and her education is in the State of Andhra Pradesh only. In this view of the matter, as the Community Certificate issued to her is in force, there is no reason for not accepting the same and not providing reservation to her. For the aforesaid reasons, as much as it is stated that the petitioner was already admitted in engineering course pursuant to the interim directions of this Court and presently, she is in III year of it, I deem it appropriate to direct the respondents to allow her to continue the course and issue necessary certificates after completion thereof. However, it is made clear that for future studies and employment, it is open for the authorities concerned to scrutinize her claim independently without being influenced by any of the observations made by this Court in this order. Subject to the above, the Writ Petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 24th NOVEMBER, 2011. kvni