YOGESHWAR DAYAL ( 1 ) PETITIONER has challenged a Memo dt. 30th May, 1984 which was issued to her by the Dean and Joint Director (Education) of the Indian Agricultural Research Institute, New Delhi. By this memo the petitioner was informed that she will not be permitted to register for III trimester commencing on 11th June, 1984 unless she produces a certificate from the Collector and District Magistrate, Hyderabad to the effect that her claim to S. T. Status is not under dispute and she belongs to S. T. In this memo the expression S. T. is the short form of Scheduled Tribe. Petition itself came to be filed in the following circumstances : ( 2 ) THE petitioner, Km. Tota Veralakshmi who is daughter of Sri T. P. V. Subbarayadu was admitted into B. Sc. (Agriculture) of College of Agriculture, A. P. Agricultural University, Hyderabad during the academic year 1978-79. While she was studying in the said college, on report sent by Director of Social Welfare, the University has initiated proceedings to cancel her admission. At that stage the petitioner filed a writ petition in the Andhra Pradesh High Court. By the time that writ petition came to be decided the petitioner had appeared in the final examination of that course and her result had been declared as successful. At that stage, Hon ble the Chief Justice of the Andhra Pradesh High Court took the view that it will not be in the interest of justice to cancel her result at that stage. But it was stated in the order that the University is not restrained from completing the enquiry and if the writ petitioner is aggrieved by the ultimate decision, it will be open to her to question that order. It was further stated by Hon ble the Chief Justice. " "but the respondent shall not be obliged to treat her as belonging to Scheduled Tribe if its conclusion in the enquiry is otherwise. In the event of the University coming to the conclusion that the petitioner does not belong to Scheduled Tribe, unless that decision is set aside in appropriate proceedings, the University shall not be obliged to give her a seat reserved for Scheduled Tribe in any other course of study, nor the Government shall be obliged to treat the petitioner as belonging to Scheduled Tribe for any other purpose. " ( 3 ) IN view of the circumstances at which the petitioner was being heard, the learned Chief Justice directed that the degree certificate shall be issued to the petitioner for the B. Sc. It appears that the University in the meantime had conducted an enquiry through Mr. A. K. Tigidi, Indian Administrative Service. Director of Tribal Welfare Andhra Pradesh, Hyderabad who reported that the petitoner s father is Sri T. P. V. Subbarayadu and the petitioner is his first daughter, her father is only son of Sri Tota Narasimha Murthy and Smt. Tota Kanakaratnam, Mr. Murthy, grandfather of the petitioner hailed from Srungavruksham village of Bhimavaram Taluq, West Godavari District. He also noted that the grandfather had two other brothers who migrated from Srungavriksham village and settled at Bhimavaram Town. He also noticed that the grandfather of the petitioner also migrated to Bhimavaram Town about 30 years ago and built a R. C. C. Building about 28 years ago which is used by the grandfather and his wife as their residence. He also traced the person whose daughter was married to her grandfather and what was the case of that family. He also examined the records relating to the brother and sisters of grandfather. ( 4 ) HE also examined the village Munsif who belongs to the caste of Kapu (Balija or Telega) caste. He also examined headmaster of the primary school of the same village where petitioner s father was bom and the Head Master on the -basis of admission register of that school deposed about various persons belonging to Kapu caste of the aforesaid village. The birth registers of the said village were also examined and after examining other persons came to the conclusion that the grandfather of the petitioner belonged to Kapu or Balija or Telega caste. This conclusion, he arrived at, after examining the records of a Board Elementary School (later on called P. S. Boys Elementary School) Srungavruksham, Bhimavaram Taluk, West Godavari District from 1st standard to 5th standard from 8-7-1943 to 12-7-1948 and he found that the petitioner s father was a student of this school during this period. He found that as per this admission register the caste of the petitioner s father is Balija Caste his date of birth in the school register is 5-12-1937 and he left the school on 12th July, 1948 to study in Veeravasaram High School. He found that as per this admission register the caste of the petitioner s father is Balija Caste his date of birth in the school register is 5-12-1937 and he left the school on 12th July, 1948 to study in Veeravasaram High School. At that time there was one High School which is now called M. R. K. Z. P. High School, Veeravasaram. He examined the register of this High School also. The admission register of this High School showed that the petitioner s father was a private candidate admitted directly in the 6th Class in this High School and the word Konda Kapu is in the caste column of the admission register of this High School against the name of petitioner s father. He opined that this entry is cooked up later on. The Director noticed that the writers who normally make entries in the school records worked for a long time in the same school and with inducements and/or influence from the local persons, the writers used to correct the entries especially about the caste later on. The Director further found that balija and kapu are synonymous, the caste of Sri T. P. V. Subbarayadu, her father must have been written as kapu first. The word konda might have been written later at the behest or request of Sri T. P. V. Subbarayudu or his parent. He further opined that the scrutiny of the admission registers of this High School reveals that there are many interpolations or tampering to the entries made about caste especially kapu . There are many instances where the letter k was added to the word kapu . The school authorities stated that k stands for konda . He opined that the caste entries in the school were made in very casual manner and no reliance can be placed on them. He also further closely examined the admission registers and it reveals to him that there are many students with tota or thota intiperu and the Kapus are found in Veeravasaram, Perikapalem and Tundurru villages and Bhimavaram town also. Their caste is noted as Telega or Kapu and Balija are synonymous castes. He even examined the Head Master of the Sragavruksham village who identified the petitioner s father as son of Sri Tota Sri Narasimha Murthy as his contemporary in Primary School and he is permanent, resident of the village. Their caste is noted as Telega or Kapu and Balija are synonymous castes. He even examined the Head Master of the Sragavruksham village who identified the petitioner s father as son of Sri Tota Sri Narasimha Murthy as his contemporary in Primary School and he is permanent, resident of the village. The Head Master stated that the father of the petitioner is known to him and gave the family tree of the petitioner s father and stated that all persons with thota or tota inteperu of the petitioner s father s village belong to Balija caste. The name of the petitioner s grand father was Sri Tota Narasimha Murthy and that Tolas are Balijas. The same T for Tota is also in the name of the petitioner as we!s as her fattier and grandfather. He traced even the history of petitioner s father s marriage and ultimately opined that Sri T. P. V. Subbarayudu and several synonymous persons took advantage of similarity in the names of their caste ( Kapu) with one of the listed scheduled tribe konda Kapu with a mala fide intention to avail reservations and concessions exclusively meant for scheduled tribes even though he knew fully well that he does not belong to Konda Kapu scheduled tribe, ( 5 ) I have purposely given some details and findings of the Director of Tribal Welfare, Hyderabad. Since the petitioner did not continue with her study with A. P. University, the University did not complete the enquiry and the report kept lying with them. The petitioner or probably her father thought it best to leave Andhra Pradesh University and got her admitted in Delhi on the ticket of scheduled tribe candidate. She got admission on that ticket and also got certain financial assistance on the same ticket. After her admission in M. Sc. degree course in Discipline Agricultural Extension of the Indian Agricultural Research Institute in Delhi on the scheduled tribe quota. She took advantage of fellowship assistance about her being scheduled tribe. ( 6 ) THE petitioner was informed vide memo dated 9th Dec. After her admission in M. Sc. degree course in Discipline Agricultural Extension of the Indian Agricultural Research Institute in Delhi on the scheduled tribe quota. She took advantage of fellowship assistance about her being scheduled tribe. ( 6 ) THE petitioner was informed vide memo dated 9th Dec. , 1983 that it was understood that her Scheduled Tribe status has been disputed by the Director of Tribal Welfare, Andhra Pradesh, Hyderabad and she was directed that unless she produces the certificate issued by the Director of Tribal Welfare, Andhra Pradesh Hyderabad to the effect that she belongs to Scheduled Tribes, she will not be permitted to register for IItrimester commencing from 9th Jan. , 1984, Petitioner submitted a caste certificate issued by Tehsildar Charminar Hyderabad dt. 28th April, 1983. Along with the certificate she gave an undertaking to the following effect : "i may be provisionally allowed to register in the second trimester subject to verification of the caste certificate from Competent Authority. In case it is found that I do not belong to Scheduled Tribe community or my claim to Scheduled Tribe status is disputed, my registration may be cancelled forthwith. "on the basis of this undertaking she was admitted provisionally to the second Trimester. Thereafter, the present impugned Memorandum dt. 30th May, 1984 was issued calling upon the petitioner to produce a certificate from the Collector and District Magistrate, Hyderabad to the effect that her claim to scheduled tribe status is not under dispute and she belongs to scheduled tribe. ( 7 ) IT will be noticed that when the petitioner applied for admission to the present Institute she has shown her permanent place of residence at Hyderabad. The present Memorandum was nothing else. This requires a certificate from the Collector and District Magistrate, Hyderabad which is claimed by the petitioner to be her permanent address. There could have been no grievance whatsoever in the Authorities requesting the petitioner to submit certificate. I have noticed that the petitioner was relying upon a certifcate issued by the District Magistrate, West Godavari, Eluru. This certificate is nothing but based on the description of the petitioner s father s caste as konda Kapu as noted in the S. S. L. C. Register. S. S. L. C. register is nothing but is the register of the High School where the petitioner s father was a student. This certificate is nothing but based on the description of the petitioner s father s caste as konda Kapu as noted in the S. S. L. C. Register. S. S. L. C. register is nothing but is the register of the High School where the petitioner s father was a student. This certificate in favour of the petitioner s father was issued after no enquiry whatsoever for verifying the caste of the petitioner s father. It is clearly stated in the instructions issued by the Ministry of Home Affairs dt. 22nd Mar. , 1977 filed as Annexure R-2 by the respondents along with the return that the residence of a particular person in a particular locality has a special significance in order to determine the caste or tribe of a person for the various purposes in the Government and it is pointed out that in order to ensure the veracity of this permanent residence of a person and that of the caste/tribe to which he claims to belong that the Government of India has made a special provision in the proforma prescribed for the issue of such certificate and in order that the certificates are issued to the deserving persons it is necessary that proper verification based primarily on revenue records and if need be, through reliable enquiries, is made before such certificates are issued. It is further mentioned in this Memorandum that the competent Authority should be the one concerned with the locality in which the person applying for the certificate had his place of permanent abode at the time of the notification of the relevant Presidential Order. The Revenue Authority of one District would not be Competent to issue such a certificate in respect of persons belonging to another district. Since the petitioner herein in her admission application had given Hyderabad as a permanent place of residence, the respondents were justified in asking certificate from District Magistrate of the district where petitioner claims to be a permanent resident and instead of supplying information and with a view to delay and to forestall the action which may be taken, recourse was taken to the proceedings before this Court. Stage has come now when the petitioner has almost completed her course and has submitted the thesis. Stage has come now when the petitioner has almost completed her course and has submitted the thesis. ( 8 ) IT appears to me that the petitioner has been rather clever in taking admission in Delhi without disclosing what had happened in the Andhra Pradesh University though she was not duty. bound to disclose but her guardian thought it well to remove her from Andhra Pradesh University and bring her to Delhi where nobody would know them. Unfortunately, the Authority suspected the caste of the petitioner on the basis of which she took admission at the cost of the other persons who could have claimed the seat on the basis of merit. Result of the pendency of this writ petition has been that the petitioner was allowed to continue with her studies and also to take examination but subject to final result of this writ petition. Instead of submitting the requisite information asked for in the enquiry, this petition was filed and the Authorities, I may say, particularly the Educational Authority just put down its shutter once the matter is filed in the Court lest, they should commit some contempt of an order or direction of the Court. Memo issued to the petitioner was perfectly within the jurisdiction of respondents 2 and 3 and there is no cause of action whatsoever for filing this petition. ( 9 ) MR. G. D. Gupta, who appears for the petitioner, submits that this report of the Director of Tribal Welfare is one sided and she was never beard. It will be noticed that this report was made at the instance of Andhra Pradesh University and was being done by an independent body engaged in Tribal Welfare. If the respondent relies upon this report, it, will certainly give a chance to the petitioner to meet the report. ( 10 ) THE petition is consequently dismissed with costs which are assessed at Rs. 1000. 00. ( 11 ) I am not able to part with this case without expressing my deep anguish at the behaviour of the petitioner s father who is a Government servant. I am surprised how in spite of the report of Director of Tribal Welfare, Hyderabad, the father thought it fit to leave Hyderabad so far as daughter is concerned and got her admitted in Delhi so that nobody will know about what had happened during her career at Hyderabad. I am surprised how in spite of the report of Director of Tribal Welfare, Hyderabad, the father thought it fit to leave Hyderabad so far as daughter is concerned and got her admitted in Delhi so that nobody will know about what had happened during her career at Hyderabad. If the petitioner or her father does not belong to Scheduled Tribe, they have second time succeeded in cheating the Educational Authorities.