THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.20913 of 2008 Date:18.04.2011 Between: C.Sai Sudha ..... Petitioner AND The Convener, EAMCET 2008, Hyderabad and others .....Respondents Counsel for the Petitioner: Sri A.Santosh Kumar Counsel for Respondent No.1: Sri A. Abhiskek Reddy Counsel for Respondent No.2: Sri C. Sudesh Anand Counsel for Respondent No.3 to 5: Assistant Government Pleader for Social Welfare Counsel for Respondent No.6: None appeared The Court made the following: ORDER: At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. The petitioner claims to belong to Chenchu caste, a scheduled tribe community. She appeared for EAMCET 2008 under engineering stream. She appeared for counselling on 21.08.2008 at Hyderabad under ST category and was given admission into B.E. course in the discipline of food technology in respondent No.6 college. The nominee of respondent No.3 has objected to the petitioner’s admission on the ground that the caste certificate produced by her is false and that an enquiry is required to be conducted into the same. When the petitioner protested, respondent No.3 issued memo dated 21.08.2008 directing respondent No.1 to keep the petitioner’s admission in abeyance till an enquiry into her caste is held. Assailing this memo, the petitioner filed the present writ petition. By interim order dated 24.09.2008 in W.P.M.P.No.27334 of 2008, this Court suspended the impugned memo. At the hearing, it is not disputed that on the strength of the interim order of this Court, the petitioner was admitted into B.E. course and is presently pursuing the said course. As on today, the petitioner holds the community certificate issued by the competent authority under the provisions of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 (for short ‘the Act’). Section 5 thereof provides for procedure for cancellation of the certificate already issued. Under Rule 18 of the Andhra Pradesh (Scheduled Castes Scheduled Tribes and Backward Classes) Issue of Community, Nativity and Date of Birth Certificates Rules, 1997 (for short ‘the Rules’), where the District Collector receives any complaint on the authenticity or otherwise of the community certificate issued to any person, he shall refer the same to a Scrutiny Committee and on receipt of report from the Scrutiny Committee, he shall take appropriate action after giving an opportunity to the person who holds the certificate. In my opinion, respondent No.4 shall get an enquiry held as per the procedure prescribed under the Act and the Rules into the authenticity of the certificate obtained by the petitioner regarding her community. If respondent No.4 finds that the certificate obtained by the petitioner does not correctly reflect her social status, he shall then take appropriate action in accordance with the provisions of the Act and the Rules. Till this process is completed, the petitioner is entitled to pursue her studies as scheduled tribe candidate. It is, however, made clear that the petitioner shall not claim any equities in the event it is held that she does not belong to the scheduled tribe community and is not entitled to the benefits available to such community. Subject to the above directions, the Writ Petition is disposed of. As a sequel to disposal of the writ petition, interim order dated 24.09.2008 in W.P.M.P.No.27334 of 2008 is vacated and W.P.M.P.No.27334 of 2008 filed by the petitioner for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 18th April, 2011 GHN