ELIPE DHARMA RAO, J.

( 1 ) G. Sunil Kumar son of chandramouli, who was minor, represented by his natural guardian - father, filed the above writ petitions to issue a Writ of Mandamus declaring the action of the first respondent in rejecting the claim of the minor petitioner for admission into the first year Diploma course in Engineering electronics (Computerisation) under scheduled Tribe quota as highly illegal, arbitrary, void and consequently direct to grant admission to the petitioner into the first Year Diploma Course in Engineering electronics (Computerisation) under the scheduled Tribe Quota and pass such other orders, which are deemed fit and proper in the circumstances of the case.

( 2 ) THE minor, aged 17 years filed the above writ petition through his father, as natural guardian, stating that they are the residents of Thimmasamundram village, chittoor District, and belong to Scheduled tribe, Yerukula. The minor petitioner has passed SSC Examination in first division in march, 1990 and sought admission into the polytechnic course and accordingly appeared in the Common Entrance Test, 1992 conducted by the first respondent within the local area of Sri Venkateswara university and obtained the rank 2737 and he was required to attend an interview on 10-11-1992 at S. V. Government Polytechnic college, Tirupathi. Accordingly, the petitioner attended and thereafter the respondents informed that he will be intimated about his selection and allotment of seat in the due course. When the petitioner was expecting admission letter, to his surprise, he received a letter from the second respondent in proceedings no. 2341/92-TRI-VC-3 dated 21-11-1992 informing that the petitioner s social status is found to be prima facie doubtful for the following reasons: (A) The applicant and his father stated that they can not speak their own dialect. (B) Golla Surname is uncommon among Yerukula Tribe (C) They stated that Galeti is the other surname of their community (D) and they stated that they do not know other surname of their community; (E) A seat may be kept under abeyance until further reply from this office. Thereafter the minor petitioner was asked to appear before the Director of Tribal cultural Research and Training Institute on 25-11-1992, Accordingly the petitioner appeared with all necessary documents in support of his claim of social status on the appointed day and time. Thereafter he was informed that in due course they would be giving clearance for his admission. The father of the petitioner, on 25-11-1992 brought to the notice of the 2nd respondent about the enquiry and the proceedings in respect of the social status of mr. G. Ramachandra Naidu, and also the enquiry report conducted about the social status of G. Swarnalatha, who is cousin of the minor petitioner and the daughter of said Ramachandra Naidu in connection with her appointment as District Munsif. The father of the minor petitioner also produced all the documentary evidence along with judgment of this Court in Writ petition No. 3706 of 1992, wherein this court has held that the cousin of the minor petitioner and the daughter of sri Ramachandra Naidu belong to scheduled Tribe. It is also submitted that the grand-father of the minor sri G. Annayya and Sri G. Ramachandra naidu are real brothers born to sri G. Gurumurthy Naidu and his wife smt. G. Siddamma, and therefore, the caste applicable to Sri G. Ramachandra Naidu would also be applicable to the petitioner herein. When the said G. Ramachandra naidu was selected and appointed as Dist. Munsif in the year 1961, he was treated as a member of Scheduled Tribe as he belongs to yerukula Tribe. At the time of initial appointment, enquiry was conducted on the basis of the enquiry report, he was treated as Scheduled Tribe. When he was in service, at the instance of some people enquiry was ordered by the High Court and the District Judge, Chittoor was appointed as an Enquiry Officer and after elaborate enquiry, the District Jud

Click Here to Read the rest of this document