( 1 ) THE Writ Petition is filed for a declaration that the action of the Commissioner of Trible Welfare and the Convenor, EAMCET-99 in not granting admission to the petitioner in the Ist year B. Tech. Course in accordance with the rank obtained by her in EAMCET -99 duly considering the Community, Nativity and Date of Birth Certificate dated 18-9-1999 (hereafter called the Integrated Community Certificate) issued by the 5th respondent, as illegal and for a further direction to the respondents 2 and 3 to grant admission to the petitioner duly setting aside the Memo dated 18-11-1999 issued by the 2nd respondent.

( 2 ) THE learned GP for Social Welfare appeared at the time of admission and the matter was heard at length as the question involved is regarding the admission of the petitioner to B. E. course for which classes are likely to commence shortly. The learned GP has made submissions based on instructions and submitted that as per the admission Rules for B. E. and other professional courses, the Commissioner of Tribal Welfare or the Commissioner of Social Welfare or their nominees are very much required in the admission committee at the time of counselling to prevent misuse of the community certificates, especially by those who produce false and spurious community certificates depriving the genuine persons. This submission can be better appreciated by referring to few facts relevant for the purpose of this case.

( 3 ) THE petitioner appeared for EAMCET-99 in Engineering stream and obtained a rank. She belongs to Scheduled Tribe mannervarlu . She obtained an integrated community certificate in accordance with the provisions of A. P. (SCs, STs and BCs) Regulation of Issue of Community Certificates Act, 1993 (hereafter called the Act) and A. P. (SCs, STs and BCs) Issue of Community, Nativity and Date of Birth Certificate Rules, 1997 (hereafter called the Rules) from the Mandal Revenue Officer, the competent authority. The certificate bearing S. No. 039539 and Certificate No. D/ 4308/97/408 dated 19-9-1999 clearly shows that the petitioner belongs to mannervarlu Scheduled Tribe. Armed with the said integrated community certificate, she appeared for the counselling conducted by the third respondent on 18-11-1999 and produced all the certificates before the Convenor. The 2nd respondent issued a memo in Rc. No. 905/99/tri/vc2 dated 18-11-1999 to the effect that the surname pokala which the petitioner has is uncommon among mannervarlu , that the matter requires deeper probe and, therefore, the seat allotted to the petitioner be kept in abeyance until further orders. The petitioner was also advised to appear before the Commissioner of Tribal Welfare on 29-11-1999. Aggrieved by this action, the petitioner approached this Court.

( 4 ) IN my judgement dated 29-11-1999 in W. P. No. 24434 of 1999 I have dealt with a similar case where the Commissioner directed a candidate aspiring for Engineering seat to produce a community certificate showing the candidate as belonging to Scheduled Tribe within a period of one week. Dealing with the power of the Commissioner of Tribal Welfare to issue such orders, I held as follows :"as per the provisions of Act 16/93, it is either the MRO or the RDO who are authorized officers to issue community certificate to a candidate. If a certificate which is obtained by fraud or misrepresentation is to be cancelled, the Act contemplates an elaborate procedure to be initiated by the District Collector, who shall alone be competent to pass final orders. The Commissioner of Tribal Welfare nowhere comes into picture. Therefore, the memo issued by the Commissioner dated 18-11-1999, is ex-facie without authority. . . . . . "

( 5 ) THE Act regulates the issue of community certificates to persons belonging to Scheduled Castes, Scheduled Tribes and Backward Classes. In exercise of power under sub-sec. (1) of Sec. 20 of the Act, the Governor has made Rules in G. O. Ms. No. 58 Social Welfare dated 12-8-