1989 Supreme(AP) 310

Andhra Pradesh High Court
Judges : RAMANUJULU NAIDU
Y.Padma Mythili, being Minor represented by her father, Y.R.Kishen - Appellant
Versus
A.P.University of Health Sciences, Registrar, Vijayawadarespondents. - Respondent
Decided On : 07-17-89

The burden of proof is on the person who alleges that a particular person does not belong to a Scheduled Tribe.

Headnote:

The court quashed the impugned proceedings of the 2nd respondent and issued a Writ of Mandamus directing the 1st respondent to grant admission to the petitioner into the First Year M.B.B.S. course offered by the Andhra Medical College, Visakhapatnam for the academic year 1989-90 forthwith without reference to either the 2nd respondent or the 3rd respondent.

Fact of the Case:

The petitioner, Miss Y. Padma Mythili, being a minor represented by her father and guardian Sri Y. R. Kishen, studied Intermediate course (10+2) and passed the same in March, 1987. She appeared for the eamcet (Engineering, Agricultural and Medical Common Entrance Test) held in May, 1988 with hall ticket No. 60905 and sought admission into the first year M.B.B.S. course offered by the Medical Colleges of the Government in the State, against the seats reserved for Scheduled Tribes. Although with the application, the petitioner enclosed a certificate dated 21-4-1988 issued by the Mandal Revenue Officer, Visakhapatnam to the effect that she was a member of Konda Kapu community recognised as a "scheduled Tribe". She received a telegram from the 3rd Respondent calling upon her to appear before him on 6-9-1988 along with any elder member of her family for verification of her social status. The petitioner and her father accordingly appeared before the 3rd respondent with all the certificates and other documentary evidence in support of the petitioner s claim. The 3rd respondent asked the petitioner in fill up a Questionnaire wherein she was required to state her place of residence, traditions and customs of her community. Neither the petitioner nor her father was examined and no other enquiry was conducted. All the necessary information, particulars and details as required were furnished and the petitioner was informed by the 3rd respondent that the result of the enquiry would be communicated to her and clearance of her social status would be given in a short time. However she was not granted admission by the 1st respondent for want of clearance of her social status by respondents 2 and 3 though she was selected for admission into the First year M.B.B.S. course.

Finding of the Court:

The court found that the petitioner had produced ample evidence to prove that she belonged to the Konda Kapu community, which was a Scheduled Tribe. The court also found that the 2nd respondent had not conducted a proper enquiry into the petitioner's social status and that his decision to deny her admission to the M.B.B.S. course was arbitrary and unreasonable.

Issues: 1. Whether the petitioner belonged to the Konda Kapu community, which was a Scheduled Tribe? 2. Whether the 2nd respondent had conducted a proper enquiry into the petitioner's social status? 3. Whether the 2nd respondent's decision to deny the petitioner admission to the M.B.B.S. course was arbitrary and unreasonable?

Ratio Decidendi: The court held that the petitioner had produced ample evidence to prove that she belonged to the Konda Kapu community, which was a Scheduled Tribe. The court also found that the 2nd respondent had not conducted a proper enquiry into the petitioner's social status and that his decision to deny her admission to the M.B.B.S. course was arbitrary and unreasonable. The court relied on the following principles of law: * The burden of proof is on the person who alleges that a particular person does not belong to a Scheduled Tribe. * The evidence of a person's caste or tribe is admissible even if it is not supported by documentary evidence. * The opinion of a caste panchayat is not conclusive evidence of a person's caste or tribe. * The government has the power to issue community certificates to members of Scheduled Tribes. * The government has the power to cancel community certificates that have been issued fraudulently.

Final Decision: The court quashed the impugned proceedings of the 2nd respondent and issued a Writ of Mandamus directing the 1st respondent to grant admission to the petitioner into the First Year M.B.B.S. course offered by the Andhra Medical College, Visakhapatnam for the academic year 1989-90 forthwith without reference to either the 2nd respondent or the 3rd respondent.