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Andhra Pradesh High Court
Judges : K.RAMASWAMY
B.Venkata Rao - Appellant
Versus
Principal, Andhra Medical College, Visakhapatnam - Respondent
Decided On : 12-01-88
K. RAMA SWAMY, J. - [K. RAMA SWAMY, J.] - [G. O. MS. No. 245, Social Welfare, dt. 30/06/1977, G. O. Ms. No. 147, Social Welfare, dt. Apr. 27, 1977, G. O. Ms. No. 447, Medical and Health, dt. 10/07/1979 as amended in G. O. Ms. No. 793 dt. 18/07/1980] - [The court analyzed the relevant provisions of the Government Orders (G.Os.) and concluded that the Director of Tribal Welfare is the competent authority to inquire into the genuineness of the social status claimed by the petitioner and his finding that the first petitioner is a Kapu and he is not a Konda Kapu, is final and conclusive and it is binding on the first petitioner.]
Fact of the Case:
The petitioner, a student, was provisionally admitted to the First Year M.B.B.S. Course on the basis of a caste certificate issued by the Tahsildar, Anakapalle, claiming that he is a Scheduled Tribe (Konda Kapu). The matter was referred to the Director of Tribal Welfare for enquiry and report about the genuineness of the social status of the petitioner. The Director, after conducting an investigation, submitted a report finding that the petitioner is Kapu and not Konda Kapu.
Finding of the Court:
The court held that the Director of Tribal Welfare is the competent authority to inquire into the genuineness of the social status claimed by the petitioner and his finding that the first petitioner is a Kapu and he is not a Konda Kapu, is final and conclusive and it is binding on the first petitioner. The court further held that the petitioner is not entitled to the doctrine of equitable estoppel having played fraud on the authorities and got the provisional admission.
Issues: 1. Whether the Director of Tribal Welfare is the competent authority to inquire into the genuineness of the social status claimed by the petitioner? 2. Whether the petitioner is entitled to the doctrine of equitable estoppel?
Ratio Decidendi: 1. The court held that the Director of Tribal Welfare is the competent authority to inquire into the genuineness of the social status claimed by the petitioner based on the provisions of G.O. Ms. No. 245, Social Welfare, dt. 30/06/1977 and G.O. Ms. No. 147, Social Welfare, dt. Apr. 27, 1977. 2. The court held that the petitioner is not entitled to the doctrine of equitable estoppel as he had played fraud on the authorities and got the provisional admission.
Final Decision: The writ petition was dismissed.
( 1 ) THE first petitioner is the son and the second petitioner Chenchu Naidu is the father. The first petitioner sought for and was provisionally admitted in the First Year M. B. B. S. Course on Oct. 9, 1980 as a Scheduled Tribe (Konda Kapu) on the basis of the caste certificate issued by the Tahsildar, Anakapalle on Aug. 7, 1980 and the Transfer Certificate dt. Oct. 3, 1980 issued by the Anakapalle College. The matter was referred to the Director of Tribal Welfare-2nd respondent for enquiry and report about the genuineness of the social status of the first petitioner.
( 2 ) THE petitioners, at the threat of disciplinary action, appeared before the Director of Tribal Welfare on 24/06/1983 and furnished the unattested copy of the report about the caste verification of the second petitioner issued by the District Collector, Visakhapatnam, dt. 2/07/1964 claiming that he is a Konda Kapu (also known as Kondavalu, Kodu Valu and Koyas ). Their Tribe has no sub-tribes; their family belongs to Naga clan; Vasista is the name of the other tribe; Bellana is their surname; the surnames of their community people are Tadi, Yenni, Boyana, Jain, Golaga; their native place is Gudem, Jeypore Taluk in Koraput district, Orissa State; the approved form of marriage in their community is by negotiations; their community people are not traditionally permitted to dine with Mala, Madiga, Bill, Boya castes; Beat eating is forbidden; they worship Surya; Venkateswara, Durga, Modu Kondamma and Naga.
( 3 ) G. O. MS. No. 245, Social Welfare, dt. 30/06/1977 provides the information as regards Konda Kapu tribes. Investigation was conducted in the light of the information furnished and the guidelines provided in G. O. Ms. 245. Konda Kapu is not synonymous to Konda Valu, Kodu Valu and Koya in that G. O. Naga and Vasista clans do not find place among Konda Kapu tribes; persons bearing Bellana surname were not found in Kondakapu tribe; Among the Konda Kapus, the consumption of certain kinds of meat was not forbidden. Konda Kapus are not prohibited to dine with Mala, Madiga, Bill and Boya communities. The deities claimed to be worshipped by the petitioners and their people are not found in pantheon of the deities of Kondakapu tribe. It is further found during investigation that one Bellana Chinnama Naidu is the paternal grandfather of thesecond petitioner. Bellana Chinnama Naidu and his wife hail from Gudem village of Jayporc Taluk, Koraput district in Orissa State and the geneology of various persons has been mentioned in the report the details of which are not material, but suffice it to state that all of them have settled down in Gajapathinagaram, about 80 years back. The father of the second petitioner had three sons -- Chenchu Naidu (2nd petitioner), Chinnama Naidu and Gunnama Naidu and two daughters -- Gangamma and Appayamma. The second petitioner married Appala Naidu Kondamma daughter of Thadi Gangaiah Naidu of Modaraveedhi of Parvathipuram. All the people reside in Diguva Veedhi at Gajapathinagaram. The second petitioner was born on 1/07/1937 and studied at Gajapathinagaram. The second petitioner has the first petitioner (son) and two daughters by name Sri Devi and Padmalatha. Bellana people are land-owning agriculturists in Gajapathinagaram and they are prominent among the people there. The village munsif hails from their family; his service role as V. M. shows that he is Kapu by caste. In the voters list, it is stated as non-scheduled tribe voters. All the persons bearing Bellana i surname have been listed as Non-scheduled tribes in Gajapathinagaram. The brothers and sisters of the second petitioner and their family were enumerated in the voters list at S. Nos. 249 to252 pertaining to the year 1980 and all of them have been shown as non- scheduled tribe voters. The relations of the petitioners bear the surnames -- Alti, Soora, Gedda and Tadi, and all of them are enumerated as Kapus by caste. The first petitioner and his sister (Sridevi) s
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