L. NARASIMHA REDDY, J.

( 1 ) THIS writ petition is filed challenging the proceedings of the 1st respondent dated 3. 8. 2002 through which the proceedings of the 2nd respondent dated 20-9-2001 were set aside.

( 2 ) THE relevant facts may be briefly stated as under.

( 3 ) THE petitioner appeared in the common Entrance Examination conducted in the year 2000 for the purpose of selection of candidates for admission into various courses including first year of M. B. B. S. The petitioner secured rank 2626. He claimed social status of BC-C. On that basis, he came to be selected against a payment seat in a private Medical College. The 3rd respondent has also appeared in the entrance examination and secured the rank 3005. He made a claim for admission into first year of M. B. B. S. in the same college under BC-C category. Since the petitioner came to be selected, the 3rd respondent did not stand to a chance.

( 4 ) THE 3rd respondent filed Writ petition No. 350/2001 alleging that the petitioner does not belong to BC-C category, he is a Muslim by community and as such was not entitled for the benefit of any reservation at all. No relief as such was granted to the third respondent. He preferred writ Appeal No. 188/2001. A Division bench of this Court through order dated 19. 2. 2001 permitted the petitioner to raise all his objections before the 2nd respondent under the provisions of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and backward Classes) Regulation of Issue of community Certificates Act, 1993 and the rules (hereinafter referred to as the Act and the Rules ) made thereunder.

( 5 ) THE petitioner was issued notice by the District Level Scrutiny Committee (hereinafter referred to as the Committee ) constituted under the Rules. It was alleged therein that the mother of the petitioner was a converted Christian and on her marriage to one Mr. Fazal Mustafa, she got converted to Islam and the petitioner, being their offspring, cannot claim status of B. C.- c. The Caste Certificate issued by the mandal Revenue Officer certifying that he belongs to B. C.-C category was sought to be cancelled. The petitioner contended that his mother continued to be a Christian and in terms of G. O. Ms. No. 371, dated 13. 4. 1976 he is entitled to be recognized as belonging to B. C.-C Community. In support of his contention, he placed certain material before the Committee as well as the 2nd respondent. The 3rd respondent, who disputed the social status of the petitioner, raised the contention that the mother of the petitioner was married to a Muslim by name fazal Mustafa, their marriage was performed in accordance with the customs applicable to Muslim marriage and that she has changed her name from Siromani to shiraj. The 3rd respondent has also filed various documents such as the Transfer certificate of the petitioner from the Junior college, Multi-purpose Household data concerning the family of the petitioner, Voters list of the years 1995 etc.

( 6 ) THE Committee submitted its report to the 2nd respondent taking the view that the petitioner does not belong to B. C.-C category and the Caste Certificate issued to him was liable to be cancelled. The 2nd respondent, however, did not agree with the recommendations of the Committee and took the view that the petitioner was entitled for the benefit under G. O. Ms. No. 371. The 3rd respondent carried the matter in appeal to the 1st respondent. The 1st respondent in turn had reversed the order of the 2nd respondent.

( 7 ) IT is the case of the petitioner that the mother of the petitioner is a converted christian and his father is a Muslim. In view of the fact that the mother belongs to b. C.-C Community and continues to be so, the petitioner was entitled to be treated as such. According to him, G. O. Ms. No. 371 applies not only to inter-caste marriages, but to inter-religious marriages also. He further submits that the recommendations of the committee were without basis, and at any rate were not bind

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