THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.25260 of 2008 ORDER: This Writ Petition is filed seeking a mandamus declaring the action of respondents 1 and 2 in not permitting the petitioner to attend the classes in Electronics and Communication Engineering Course in the college of the fifth respondent – Principal, Siddhardha Engineering College, Puttur, Chittoor District, as illegal and arbitrary. The petitioner after completion of his intermediate course, appeared for EAMCET-2007 for the purpose of entering into engineering course. He has claimed reservation in Scheduled Tribe category stating that he belongs to Erukala Community, which is a notified Scheduled Tribe. In the counselling held on 10.08.2007, he was allotted a seat in the College of the fifth respondent i.e. Siddardha College of Engineering and Technology, Puttur, Chittoor District, in Electronics and Communication Engineering branch. In spite of the same, he was not allowed to attend the classes on the ground that his Community Certificate is under verification and that to prosecute the studies, he approached this Court. At the stage of admission, this Court directed the respondents to permit the petitioner to prosecute the studies. It is stated that consequent to such interim directions of this Court, the petitioner was admitted by the respondents in the academic year 2008-09 and presently, he is prosecuting the course. It is the case of the petitioner that he has produced the Community, Nativity and Date of Birth Certificate issued by the competent authority as per the provisions of the Andhra Pradesh Scheduled Castes, Scheduled Tribes and Backward Classes Regulation of Issue of Community Certificates Act, 1993 and when such certificate is in force, having admitted him into the course, there is no reason for not allowing him to study the same. He also placed on record a copy of the Community Certificate issued by the competent authority certifying that he belongs to Erukala, which is a notified Scheduled Tribe as per the Constitution (Scheduled Tribes) Order, 1950, as amended from time to time. Though the Writ Petition is of 2008, no counter- affidavit is filed on behalf of respondents 2 to 5. There is a counter-affidavit filed by the first respondent – Commissioner and Convenor, EAMCET Engineering 2007, Department of Technical Education, Government of Andhra Pradesh, Hyderabad. In the said counter-affidavit, the first respondent while admitting that in view of the claim of the petitioner that he belongs to Scheduled Tribe, he was permitted for counselling held on 10.08.2007 and was allotted a seat in the fifth respondent’s college, stated that during verification of records by the Officers deputed by the Tribal Welfare Department, the claim of the petitioner that he belongs to Erukala caste was suspected as such his seat was kept in abeyance. He further stated that as the information furnished by the petitioner did not match with the genealogical and ethnographic information of Erukala Community, the matter was referred to the fourth respondent – District Collector, Chittoor, on 02.09.2007, for placing the matter before the District Level Scrutiny Committee so as to examine and report. He further stated that the first respondent also addressed D.O. Letter No.H2/22204/2008 to the fourth respondent on 16.12.2008 to expedite the enquiry and to furnish final report in the matter. At the same time, he categorically stated that pursuant to the interim orders of this Court, the petitioner was admitted for the academic year 2008-09 subject to the outcome of enquiry pending with regard to his community. In this case, it is to be noticed that with regard to certification of community, it is now presently governed by the legislation titled as Andhra Pradesh Scheduled Castes, Scheduled Tribes and Backward Classes Regulation of Issue of Community Certificates Act, 1993 and there is a certificate issued by the competent authority showing that the petitioner belongs to Erukala, a Scheduled Tribe. Though the District Collector is also a party to the Writ Petition, there is no counter-affidavit on his behalf so as to know the outcome of the enquiry conducted, on the reference made by the first respondent. Be that as it may, it is to be noticed that the Community Certificate issued to the petitioner is in force. Even from the counter-affidavit filed by the first respondent, there is no denial of the claim of the petitioner that he belongs to Scheduled Tribe Community and after allotting the seat to him, the same was ordered to be kept in abeyance only on mere suspicion at the instance of the Officers who were present during counselling. If there is suspicion, the respondent authorities are expected to verify and take decision without any delay on their part enabling the petitioner not to lose valuable academic year. On mere suspicion, in the absence of any clear material against the claim of the petitioner, he already lost one academic year. In that view of the matter, as the Community Certificate issued to the petitioner is in force and as it is stated that he was admitted into the course and is pursuing his studies pursuant to the interim orders of this Court and in the absence of any counter-affidavit with regard to the outcome of the enquiry by the fourth respondent, I deem it appropriate to direct the respondents to allow the petitioner to continue in the course in which he was admitted, and to issue necessary certificates to him after completion of the course. However, it is made clear that for future studies and employment, it is open for the respondents to scrutinize the claim of the petitioner with regard to his status without influenced by any of the observations made in this order. The Writ Petition is allowed with the directions indicated above. No order as to costs. ______________________ R.SUBHASH REDDY, J 24th NOVEMBER, 2011. kvni