( 1 ) THE petitioner s father belongs to forward caste. Her mother is said to belong to Scheduled Caste family. The petitioner appeared for EAMCET-99 with the hope of getting a medical seat. She obtained a rank of 03445 which was later revised as 03419. She realized that with this rank she will not get seat in the OC category which she claimed earlier as belonging to OC throughout her academic career upto vii Class, upto X Class and upto intermediate level. At all these crucial stages of her education thus far, she never claimed that she belongs to Scheduled caste. However, after appearing for eamcet-99 and after realizing that she will not be able to get medical seat in the oc category, she thought that by procuring a Scheduled Caste certificate she will be able to get a seat reserved for SC candidates. Therefore, her father appears to have found a clever way. He made her apply for a community certificate claiming as belonging to mala caste which is a scheduled Caste.

( 2 ) THE Government of India in 1975 issued a Memorandum No. 39/37/73-SCT dated 4-3-1975. That memorandum intended to confer certain benefits on the children of couples of inter-caste marriages. If either of the parents belonged to SC/st/ bc, the child can be treated as belonging to sc/st provided certain conditions are satisfied.

( 3 ) THE Government of Andhra Pradesh in Employment and Social Welfare department issued G. O. Ms. No. 371 dated 13-4-1976. While making a reference to the instructions/guidelines issued by the government of India, the said order says that for the purpose of admission to educational institutions and professional colleges, the lower caste of either parent in the inter-caste marriages shall be deemed to be the caste of the child provided the child was treated and brought up as belonging to sc/st.

( 4 ) RELYING on the two orders referred to hereinabove, the petitioner appears to have approached the Mandal Revenue Officer, kurnool on 20-8-1999. There is no dispute that for the first time she approached for such a certificate, four or five months after the declaration of results in EAMGET-99. Earlier she never thought of obtaining such a certificate. The MRO, Kurnool issued a certificate on 10-11-1999 saying that kum. A. Prathyusha daughter of mr. A. Sarveswara Reddy belbngs to scheduled Caste, being off-spring of inter- caste marriage couple. After obtaining the certificate on 10-11-1999 which appears to have been preceded by some sort of hasty enquiry, the petitioner filed this. Writ petition on 15-11-1999. The basis of the Writ petition is the apprehension of the petitioner that the respondents may not consider her request for a medical seat among the students belonging to SC category and that they are proceeding to consider her case as belonging to OC category. Apprehending that her case will be considered only for a seat in OC category, she approached this Court praying for a Writ of Mandamus directing the respondents to consider her case for admission to MBBS/mds/bams/b. Sc. , (Ag) under S. C. category.

( 5 ) THE learned Counsel for the petitioner, mr. Gangarami Reddy, relied on the Memo issued by the Central Government as well as the Government Order issued by the government of Andhra Pradesh and says that as the petitioner is the offspring of the inter-caste marriage couple, she should be treated as belonging to Scheduled Caste and her case should be considered for admission to a medical seat as a. SC candidate only and not as a OC candidate.

( 6 ) THE law on the aspects dealt with by the Government orders has undergone a sea change. Cases where a SC/st woman marrying a man belonging to other caste and claiming reservation and cases where children of forward caste parents taken in adoption into family of SC/st/bc claiming reservation have repeatedly come up before the Courts. the cases where offspring of an inter-caste marriage couple - either of the spouses belonging to SC/st - claiming reservation are not new.