JUDGMENT M. Jagannadha Rao, C.J. 1. In all these three appeals preferred by the respective writ petitioners, the point is common and can be disposed of together. 2. In all these three cases, appellants are seeking admission to M.B.B.S./ Engineering courses on the basis of common entrance examination conducted by the Commissioner of Entrance Examinations. Appellants have individually claimed that inasmuch as one of their parents belonged to Scheduled Caste/Scheduled Tribe, they are entitled to be considered towards the quota reserved for Scheduled Castes/ Scheduled Tribes irrespective of any other evidence. They strongly rely upon the Prospectus relating to the 'Application for Admission to Medical and" Agricultural Courses, 1993-94'. We are referring to the Note below clause (12) of the said Prospectus which is marked as Ext. P1 in OP. 149581 of 1993-R out of which W. A. 1514 of 1993 arises. It is not in dispute that there is a similar provision below the corresponding clause of the Prospectus for admission to the Engineering courses. The said note below clause (12) reads as follows: "Note: - In the case of children of Inter caste married couple, if one of the parents belongs to any community eligible for reservation, they can claim reservation under that community. They should mention the community under which reservation is claimed in Column 9, 10 or 11, as the case may be, of the application form and the words 'son/daughter of the inter caste married couple' should be noted against the name of community. They should produce a separate Community Certificate in the following Proforma from the village Officer concerned (in a separate sheet of paper). They need not produce the income certificate and community certificate in the Proforma given in page 4 of the application form. But in the case of children of inter caste married couple, if one of the parents belongs to any community eligible for reservation under SC/ST quota they should produce the community certificate in the proforma given in page 4 of the application form prescribed for Scheduled Castes and Scheduled Tribe candidates from a Revenue Officer not below the rank of Tahsildar in addition to the Community certificate in the proforma given below".
From a reading of the aforesaid Note below clause (12) it is clear that the very factum of inter caste marriage between a person belonging to Scheduled Caste/ Scheduled Tribe with another person belonging to another class, entitles the off-spring to claim a seat in the Scheduled Castes/Scheduled Tribes quota. It is true that normally the law imposes a condition that apart from the birth to one of the spouses belonging to SC/ST the question of the being accepted by the community is also to be considered. But, whatever may be, the Government had made a specific provision in the Prospectus itself to the effect that the offspring of parents of whom one belongs to the Scheduled Castes/Scheduled Tribe is entitled to seek the benefit of reservation quota for Scheduled Castes/Scheduled Tribes. In view of the specific provision in the Prospectus, it will not be open to the Government to call for any other evidence. The mere factum of one of the parents belonging to Scheduled Castes/Scheduled Tribe will be sufficient, as the Prospectus stands today unless, of course, it is to be amended in future years. 3. The learned single Judge was, therefore, wrong in not giving effect to the above said Note below clause (12) of the Prospectus. In view of the above said Note, the writ appeals are liable to be allowed. The respondents will now proceed to consider the cases of the appellants for admission to the Medical/Engineering Courses under reserved quota for Scheduled Castes/Scheduled Tribes provided their applications are otherwise in conformity with the conditions prescribed in the above said Note. If the other conditions prescribed in the Note are satisfied by the appellants, they shall be considered for admission under the reservation quota for Scheduled Castes/Scheduled Tribes. Of course, if the applications do not conform to the above said Note or the candidates are otherwise not qualified, it will be open to the respondents to reject their cases. Even in regard to cases of candidates falling within the quota as stated above, respondents can consider whether they are otherwise qualified and eligible for being considered depending upon the marks secured in the Entrance Examination. For the aforesaid reasons, the Writ Appeals are allowed, as above. Issue photocopy to the parties on usual terms.