( 1 ) THIS writ appeal is brought by the appellant-petitioner, aggrieved by the order passed by the learned single Judge in his W. P. No. 11020 of 1992, who dismissed the writ petition and while dismissing the same declared that the petitioner therein was not entitled to be treated as kondakapu , a Scheduled Tribe and that he was also not entitled for the benefits meant for ST. candidates. The learned single Judge also directed that the appellant-petitioner s M. B. A. certificate should also be withdrawn. The appellant-petitioner filed the writ petition questioning the memo dated 9-6-1992 issued by the Principal, University College, Nagarjuna University (R3), as illegal and without jurisdiction.

( 2 ) THE question of some importance that arises is how to determine the social status of the appellant-petitioner, who is un off-spring born out of the wedlock between a couple, one of whom is a member of Scheduled Tribe; whether-the off-spring takes automatically the caste of his father.

( 3 ) THE facts have been stated by the learned single "judge in extenso. However, the following few facts are required to be stated for disposal of this appeal.

( 4 ) THE appellant-petitioner s father, a person belonging to Balija community, mar-ried a woman of Kondakapu community, which is recognised as Scheduled Tribe, in 1965. The appellant-petitioner started his school education in Kovvuru and graduated from Ongole and secured admission in M. B. A. course in Nugarjuna University. Guntur, in July, 1990, on the basis of his social status certificate as S. T. The 3rd respondent, basing on the intimation dated 13-5-1992 given by the 1 st respondent, issued the impugned memo seeking explanation of the appellant petitioner as to why the admission granted to him in a seat meant for S. T. candidate, should not be cancelled. The appellant-petitioner approached this Court without submitting any explanation. Pending the writ petition, the appellant-petitioner completed his M. B. A. course. e. The learned single Judge had difficulty in treating the appellant-petitioner as Scheduled Tribe, since his father belongs to Balija community and that his social status would automatically devolve on the child irrespective of whether the mother of the said child is a Scheduled Tribe. He was of the view that the social status, of the off-spring born out of the wedlock between two communities, should be that of the father. Learned single Judge held that G. O. Ms. No. 371, Employment and Social Welfare (E2) Department, dated 13-4-1976, under which the Government directed that for the purpose of admission into educational institutions and professional colleges the lower caste of either parent in the inter-caste marriages should be deemed to be the caste of the child, which was the basis for the caste certificate of the appellant-petitioner, could not be relied upon since it was held to be ultra vires of the powers. of the executive, being contrary to the provisions of the Constitution of India, by this Court in W. P. No. 14875 of 1985, by an order dated 19-2-1986.

( 5 ) LEARNED counsel for the appellant-petitioner reiterated his arguments and sought to rely upon G. O. Ms. No. 371, Employment and Social Welfare (E2) Department, dt. 13-4-1976, under which the social status certificate was issued by the 4th respondent to the appellant-petitioner and on the fact that being off-spring of a Scheduled Tribe mother he should automatically be treated as Scheduled Tribe and that the learned single Judge went wrong in importing the concepts of patriarchy prevailed under old Hindu Law, which denied the rights arising out of motherhood and destroying the concept of equality-between men and women.

( 6 ) LEARNED counsel for the 1st respon- dent, however, contended that the impugned certificate was vitiated as it was based on wrong assumptions and issued without holding enquiry into the community of the appellant-petitioner and without following the instructions issued by the Governm

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