ORDER
1. The petitioner who secured admission into the MBBS Course under an enhanced quota for the year 1992-93 filed this writ petition seeking a writ of mandamus to treat him as a Scheduled Tribe candidate by duly declaring that the respondents cannot hold successive enquiries on his social status.
2. This Court while giving notice on admission in the writ petition, by order dated 1-9-1994 in WPMP No.19279 of 1994, directed the authorities to receive the application of the petitioner for the First Semester Examination but he shall not be permitted to take the examination without the orders of this Court. Subsequently, the writ petition seemed to have been admitted on 21-9-1994. Thereafter, WPMP No. 19279 of 1994 came up for hearing before my learned brother Justice B.K. Somasekhara as he then was and his Lordship modified the earlier order and directed the respondents to allow the petitioner to take the examination. At the same time, this Court directed the respondents not to publish the result of the examination so far as the petitioner is concerned without permission of the Court. The writ petition was posted for final hearing in the first week of January, 1995.
3. From the record it is seen that the case was listed before my learned brother Justice S.R. Nayak and on a mention made by the learned Counsel, the learned Judge vide order dated 9-3-1995 directed the office to post the writ petition for final hearing on the top of the list. It is not known whether the office has complied with this direction or not. Subsequently, the petitioner seemed to have filed WPMP No.5979 of 1995 seeking modification of the earlier order dated 1-9-1994 and on 8-11-1994 by order dated 24-3-1995, my learned brother Justice Subhashan Reddy passed the following order:
“The 2nd respondent be and hereby is directed to accept the fee including examination fee and permit the petitioner to sit for Second Semester Examination along with other regular students without discriminating the petitioner on any grounds.
It is further ordered that this order will not entitle the petitioner to claim any scholarship or any other concessions attached to a Scheduled Tribe student as the enquiry is pending with regard to the social status”.
4. The above WPMP No.5979 of 1995 seemed to have been again passed before my learned brother Justice B. Subhashan Reddy and on 4-8-1995, a direction was given to respondents 1 and 2 to declare the result of the petitioner forthwith relating to the First and Second Semester of MBBS Examination. Pursuant to the said direction, the result of the petitioner seemed to have been declared and he came out successfully in the examinations. The respondents received the examination fee for the Third Semester and allowed the petitioner to write the examinations. But the result was not declared on the ground that there is no direction from this Court to declare his result for the Third Semester. In those circumstances, WPMP No.31832 of 2000 was filed seeking a direction to the respondents to permit the petitioner to prosecute MBBS Course from the Fourth Semester onwards on par with the regular students pending disposal of the writ petition and this WPMP, came up for hearing before me on 22-12-2000. On that date, under an impression that the petitioner has preempted the authorities from conducting any enquiry by filing this writ petition, I directed the writ petition to be posted for orders on 26-12-2000. Thereafter, the matter underwent 4 to 5 adjournments.
5. During the course of hearing, it came to the light that the present writ petition is the second writ petition filed by the petitioner On the basis of the social status certificate produced by the petitioner stating that he is a Konda Dora, which is one of the Tribes notified in the Presidential Order, the petitioner got selection for admission into MBBS course for the academic year 1992-93 in the enhanced quota as a Scheduled Tribe candidate. But the Government with a view to curb the evil practice of getting admission on the basis of false certificates, issued instructions to all the authorities concerned stating that before giving admission to the candidates in the
reserved categories on the basis of the social status claimed by them that the certificates have to be got verified by the concerned Department officials as per the rules governing admission to the Professional Courses. Therefore, the certificate produced by the petitioner was sent to the Director of Tribal Welfare for verification. At that stage, the petitioner seemed to have filed WP No.9768 of 1993 questioning the action of the respondents in keeping his selection under abeyance as arbitrary and highly illegal and that writ petition seemed to have been disposed of at the admission stage on 4-10-1993 directing the Director of Tribal Welfare to complete the enquiry within one month from the date of receipt of a copy of the order and in the mean time, to permit the petitioner to join in the MBBS Course. Pursuant to the said orders, the petitioner was admitted to MBBS Course. But when he was not allowed to sit for the examination, he filed the present writ petition and the events that have taken place from 1-9-1994 were already referred supra.
6. Now the learned Government Pleader during the course of the arguments brought to my notice that as per the directions of this Court in WP No.9768 of 1993, an enquiry was conducted, wherein the petitioner as well as his father participated in the enquiry and produced certain documents in proof of their social status. It is also the case of the learned Government Pleader that having completed the enquiry. The Director of Tribal Welfare, vide proceedings No.2846/93/TRl/VC/1, dated 11-10-1994 declared that the petitioner do not belong to the Scheduled Tribe. But at the same time, the order was not communicated to the petitioner till this date and the order is lying in the file of the Director. In the normal course, the petitioner having got admission way back in October 1993, would have completed the course and walked away with the Degree in MBBS. But he seemed to have not completed the Semesters and he wants to appear for the 4th Semester under the orders of this Court now. Now the Director of Tribal, Welfare held that the petitioner does not belong to Konda Dora Tribe as claimed by him. Hence I cannot give any relief to the petitioner in this writ petition. As the order of the Commissioner was now served on the petitioner, it is open to the petitioner to work out his remedies available in law.
7. Before parting with this case, I must place on record the way in which certain unscrupulous persons are knocking away the benefits that were extended to the vast majority of people of this country who were kept away from the civilised society for over centuries to bring them on par with the other civilized members of the Society, by producing false and fictitious documents with the help of the Government Officials resulting in the people who do not belong to those reserved categories are walking away with the professional degrees and getting employment. In fact, in so many cases, the enquiries initiated by the Governmental authorities over the false social status certificates submitted by the individuals, are locked up in legal battles due to procedural irregularities did not end committed by the authorities concerned and they did not end till they retire from service. Perhaps, this case also falls into that category and it gives me an impression that the officers of the Government by their active connivance are helping the unscrupulous people to knock away the degrees and jobs meant for some other sections.
8. From the counter filed by the Government it is seen that the father of the petitioner entered into service as ministerial servant in the Revenue Department in the year 1954 and in his Service Register and SSLC Certificates his caste was shown as Oriya Kshatriya. While he was working as MRO, he got a novel idea of getting a false certificate to see that his children enter into the professional course through these false certificates and he seemed to have produced a certificate issued by the Talisildar, Saluru, dated 26-8-1979 stating that he belongs to Kondadora Tribe which was included in the Presidential Order and on that basis, his caste was changed from Oriya Kshatriya to Kondadora. It is interesting to note to the averments made in paragraph 2 of this writ petition from which it is seen that “I belong to ‘Kondadora’ Community which was declared as Scheduled Tribe as per G.O. Ms. No.1793, Education Department, dated 23-9-1970. In pursuance of the said GO, the Tahsildar, Saluru issued a certificate dated 26-8-1979 after conducting enquiries thoroughly certifying that my father, my brothers and my self were members of Konda Dora Community”. Unfortunately, though the father of the petitioner was working as Mandal Revenue Officer, he does not know under what provisions the Scheduled Tribes were notified. The learned Counsel for the petitioner refers to a GO., whereunder the State Government provided certain concessions to the listed OBCs in the State of A.P., which has nothing to do with the privileges extended to the Scheduled Tribes. Under Article 342 the claims of any group of individuals or caste as Scheduled Tribe has to be considered by the President and on his satisfaction the said caste tribe shall be included in the Presidential Order. From the above it is seen that the father of the petitioner do got even known under what authority of law the STs will be notified. Having got his social status altered in the Service Register, the father of the petitioner made his first son to apply for the Engineering Course during the academic year 1988-89 and when a similar objection was taken by the concerned authorities, the brother of the petitioner filed WP.1347 of 1988 and the same was disposed of by this Court by order dated 26-6-1995 holding that the petitioner has to establish his social status as Scheduled Tribe for his absorption into service, but this Court cannot confirm the said status on him. From this it is evident that though the brother of the petitioner filed writ little finger till he completed his Engineering Course and when the writ petition came up for final hearing, as the brother of the petitioner has completed his Engineering Course, this Court passed the above order. It was brought to the notice of the authorities concerned that the father of the petitioner having entered into the service as Oriya Kshatriya got his social status changed in his Service Register on 26-8-1979 and thereafter, he is trying to get seats to his children under Scheduled Tribe quota. But for long 22 years, the Governmental authorities did not move in the matter.
9. I have no manner of doubt in holding that the officers concerned have abdicated their duties and allowed the fictitious people to run away with the benefits that were ear marked for the under privileged sections of the Society. With the result, while the real beneficiaries lost their chance of getting admissions into the professional courses the people who secured admissions on the basis of false certificates are enjoying the social status not only for themselves but for their progeny also. This is the way in which the Governmental authorities are functioning. It is for the authorities concerned whether to allow this situation or take appropriate action to remedy the situation. Recently this Court while considering the provisions of Andhra Pradesh (SC, ST and BCs) Regulation of issue of Community Certificates Act, 1993 and Rules 1997 made thereunder in M. Kanmakar and another v. State of A.P. (WP No.19577 of 2000 dated 17-1-2001 and pointed out that the procedure contemplated in the rules for conducting inquiry on a false community certificate obtained by an individual is so complicated, confusing and vague, apart from traversing beyond the scope of the provisional Act itself and is likely to result in failure of observance of procedural fairness by the authorities who are entrusted with the investigation of fraudulent cases and ultimately locking up in legal wrangles one giving scope for committing wrangles. In the meantime, the culprit enjoys the fruits of the crime committed by him and escape the clutches of the law. It is for the Government either to continue this sorry state of affairs or not,
10. The learned Government Pleader tries to impress upon me stating that after the Act came into force, the disputes relating to the social status are being resolved within the time provided in the Act, at the same time he admits that all those cases landed in High Court and are pending. I am sure by the time the matter is set at rest, the so-called person will either retire from service or leave the world.
11. The writ petition is accordingly dismissed with costs.
