IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 26143 of 2008 Between: Kamili Avinash Babu (Minor) Rep. by his Natural Guardian & Mother Smt. Thamma Annie, R/o. D.No. 1/358, Rayudupalem, Rajeev Nagar, 3rd A.P.S.P. Post, Kakinada, East Godavari District. ..... PETITIONER AND 1 The Government of Andhra Pradesh Rep. by its Director of Tribal Welfare Masab Tank, Hyderabad. 2 The Chairman & Joint Collector District Level Scrutiny Committee, East Godavari District. 3 The Tahsildar Rajavommangi Mandal East Godavari District. .....RESPONDENTS 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 a Writ, Order or Direction particularly a Writ in the nature of Mandamus declare the action of the respondents in not passing orders on the Enquiry held in pursuance of the FORM-VI of the 2nd respondent vide Proceedings Ref: C5(M) 530/07 dated 07-06-2008 as illegal, Arbitrary and Violative of Fundamental Rights of the Constitution of India and consequently direct the respondents to pass orders on the Enquiry held in pursuance of the FORM-VI of the 2nd respondent vide Proceedings Ref: C5(M) 530/07 dated 07-06-2008. Counsel for the Petitioner:MR.G.SIMHADRI Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : ORAL ORDER: According to the petitioner, he belongs to Konda Dora community, which is recognized as Scheduled Tribe community. On the basis of the recorded evidence, his father obtained caste certificate as Konda Dora, as early as in the year 1988 and at the time when the petitioner was admitted into the school, in caste column, it was filled a s Konda Dora, belonging to Scheduled Tribe Community. After completion of second year Intermediate, he appeared for EAMCET, 2007 examination conducted by the Convener and according to the petitioner, he was successful and sure of getting admission into B.E./B.Tech. course under Scheduled Tribe quota. As there is a dispute with regard to his caste, the second respondent initiated enquiry and issued proceedings vide Ref. C5(M)530/07 dated 7.6.2008 and further directed the convener EAMCET, 2007 to keep one seat reserved for Scheduled Tribe candidates, in abeyance. Thereafter, enquiry was initiated and the petitioner was served with a notice in Form VI. Accordingly, the petitioner appeared before the second respondent. Now grievance of the petitioner is that though the enquiry was held, so far the second respondent has not passed any orders and, hence, he approached this court and filed the present writ petition. Heard. From the facts it is clear that the petitioner had appeared for the EAMCET, 2007 and it is not known as to whether he is eligible to be admitted in B.E./B.Tech., course or not. The petitioner has lost one year and if the enquiry is further delayed, there is every possibility of the petitioner losing another academic year also. Hence, the second respondent is hereby directed to complete the entire enquiry and pass appropriate order within a period of four weeks from the date of receipt of a copy of this order. Copy of the said order shall be immediately furnished to petitioner so as to enable him to know where he stands. Accordingly, the writ petition is disposed of at the stage of admission. No order as costs. _________________________ Justice Gopala Krishna Tamada December 1, 2008 MAS