THE HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION NO.19026 OF 2008 DATED:29-9-2011 Between: Kranthi Kiran Sahu … Petitioner And The Government of Andhra Pradesh Rep. by its Principal Secretary Social Welfare Department, Secretariat Buildings Hyderabad and others … Respondents THE HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION NO.19026 OF 2008 ORDER: This writ petition is filed seeking a declaration that the action of the respondents 2 and 3 in denying admission to the petitioner into M.B.B.S. course is illegal and arbitrary and consequently to direct the said respondents to admit the petitioner into M.B.B.S. course for the academic year 2008-2009. The petitioner claimed admission into M.B.B.S. course in a vacancy reserved for Scheduled Tribes. Concerned Mandal Revenue Officer, Jaggayyapet, has issued caste certificate to the petitioner certifying that he belongs to ‘Bentho Oriya’ caste, a Scheduled Tribe. When the said certificate was not acted upon to consider the petitioner’s claim for admission, this writ petition is filed in the year 2008. While admitting the writ petition, this Court has passed interim order on 2.9.2008 in W.P.M.P. No.24798 of 2008 directing the respondents to consider the case of the petitioner as belonging to Scheduled Tribe basing on the certificate issued by the Mandal Revenue Officer, Jaggayyapet, subject to the petitioner producing the certificate issued by the competent authority within four weeks of his admission in the college in the event of seat being allotted. Though the writ petition is of the year 2008, no counter affidavit is filed by any of the respondents denying the community of the petitioner. It is submitted by the learned counsel appearing for the petitioner that the petitioner could not get admission into M.B.B.S. course, but he got admission into B.D.S. course in a private college and now he is in third year of the course. It is further stated that the competent authority to issue Scheduled Tribe Caste Certificate is the Revenue Divisional Officer but not the Mandal Revenue Officer as per the provisions of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issuance of Community Certificates Act, 1993 (for short, ‘the Act’) and the Rules made thereunder. In this case, it is to be noticed that the petitioner claims that he belongs to Scheduled Tribe community and his claim as such is not disputed by filing any counter by the respondents. As it is stated that the petitioner has already admitted into B.D.S. course and presently he is in the third year of the course, I deem it appropriate to direct the respondents to allow the petitioner to complete the course and issue necessary certificates. However, it is made clear that in future if he applies for any further course/studies or service claiming reservation under Scheduled Tribe category, his case shall have to be considered only on production of caste certificate issued by the competent authority under the provisions of the Act. With the above observations and directions, the writ petition is disposed of. No order as to costs. _____________________ R. SUBHASH REDDY, J 29.9.2011 bnr