*THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO + WRIT PETITION No. 14574 OF 2014 % Dated: 06.11.2014 BETWEEN T. Aswani D/o T. Subbarayudu, aged about 21 years Occ. Student 2nd year BDS Course In Narayana Dental College, Nellore R/o Masakavankapalli Village H/o Kurumala, Nallamada Mandal Anantapur District ….. Petitioners AND The Government of Andhra Pradesh Rep by its Principal Secretary, Social Welfare Department Secretariat, Hyderabad and 2 others Respondents ! Counsel for the Petitioner : Sri M. Karibasaiah ^Counsel for the Respondents : 1. Sri A. Prabhakar Rao 2. GP for Social Welfare 2. Sri Maheswara Rao Kuncheam 2. Sri Vedula Srinivas <Gist:
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THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO. 14574 of 2014
ORDER:
The petitioner herein who is studying 3rd year BDS course filed this writ petition complaining that the university is not allowing her to appear for the 3rd year BDS examinations by not receiving the examination fee. It appears, the petitioner claimed social status as a member belonging to Scheduled Tribe. On the strength and basis of the social status claimed, she gained admission to the BDS course against one of the seats reserved for the candidates belonging to the Scheduled Tribe. When the Director of Tribal Welfare entertained a doubt about the genuineness of the claim made by her, the matter was referred to the Collector and District Magistrate, Anantapur, who by his order dated 25.01.2013 declared that the petitioner does not belong to any Scheduled Tribe community and that her claim in that regard is a fraudulent one. Earlier thereto, the petitioner approached this Court by instituting W.P.No.24399 of 2011 and this Court by its order dated 05.11.2011 permitted her to be admitted in BDS course on provisional basis. Against the orders of the District Collector, she preferred an appeal to the State Government and entertaining the same, the State Government on 19.03.2013 granted stay as prayed for, pending disposal of the appeal.
The appeal is not taken up for consideration for the past over 1 ½ years time by the State Government. The petitioner is approaching this Court on one pretext or the other and continuing her education. In view of the orders passed by this Court on previous occasions, it would only be appropriate to direct the second respondent to receive fee from the petitioner and permit her to appear for the year end examinations of the 3rd year BDS course.
The second respondent is directed to publish the result of the writ petitioner and allow her to proceed to the next stage of training/academic programme, in case, the petitioner has cleared the examinations.
The State Government should realize that, the appeal preferred against an order of cancellation of the social status certificate of the writ petitioner as a member belonging to Scheduled Tribe is kept pending. By virtue of the pendency of the appeal, the petitioner has almost completed her course. In case the appeal is decided against her interests, there is no way the petitioner can compensate the State for wrongful gain by securing admission in BDS course against one of the seats reserved for Scheduled Tribe.
Therefore, the second respondent – Dr. N.T.R. University of Health Sciences, Vijayawada, shall not issue the original marks memorandum/pass certificate/ provisional degree certificate/ completion of internship certificate to the petitioner, unless the appeal preferred by her against the cancellation of social status is allowed by the State Government and in case the State Government dismisses the appeal preferred by the writ petitioner, the writ petitioner shall be liable to pay to the State Government, as a measure of compensation/damages a sum which shall not be less than Rs.25 lakhs for wrongfully securing admission against one of the seats reserved for Scheduled Tribe candidates, while simultaneously denying the entry of rightful and genuine Scheduled Tribe candidate. Therefore, the State Government shall pass appropriate final orders before 15.01.2015, on the appeal preferred by the petitioner after providing an opportunity of hearing to the writ petitioner and also by assigning appropriate reasons for their conclusions.
Writ petition stands disposed of with this order.
Consequently, miscellaneous applications pending shall stand closed. No costs.
NOOTY RAMAMOHANA RAO, J
6th November, 2014 sp
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