P. Neeraja and Another vs Union of India and Others

This writ petition is filed seeking writ of Mandamus directing the first and second respondents, viz, the Union of India and the State of Andhra Pradesh respectively, to delete (i) Sugali/Lambada (ii) Yerukala and (iii) Valmiki communities from the Scheduled Tribes of Andhra Pradesh and for other consequential reliefs.

The petitioner submits that she belongs to ''Koya'' community which is listed as Scheduled Tribe Category. She appeared for the EAMCET-97 examination and secured ''12010''rank. As there were some more S.T. candidates who secured merit rank, the case of the petitioner was not considered for admission into MBBS Course. Her case is that she belongs to original Koya community and without giving her preferential right among communities clubbed in S.T. category, candidates belonging to other tribal communities mentioned in the Constitution (Scheduled Tribe) Order, 1950, (for short ''the Order'') were given seals. As such she is deprived of a seat in MBBS course. Hence, the action of the Convenor, EAMCET-97, the third respondent herein in not allotting a seat to the first petitioner in MBBS course under Koya category is illegal and arbitrary.

It is submitted on behalf of the petitioner, that a Division Bench of this Court has directed the third respondent to allot seats to fifty seven candidates and as such the first petitioner also can be given a seat in MBBS course along with those fifty seven candidates and a direction to this extent may be issued to the third respondent. The second petitioner further submits that the Order issued under Article 342 of the Constitution of India, which was subsequently amended from lime to time is also illegal and contrary to the provisions of the Constitution. Therefore, it was submitted that petitioner should be granted admission into MBBS course on preferential basis.

I am not inclined to accept the contention of the petitioner. The Presidential Order contained several tribal communities which fall within the Scheduled Tribe category. Subsequently, the said Order was also amended from time to time. Therefore, The reservations provided for the communities falling under the Scheduled Tribe category have to be taken as a whole and there is no split reservation among the communities recognised as Scheduled Tribes in the Order of 1950, or in any other notification issued either by the Union of India. So long as the community of the first petitioner forms part of the Scheduled Tribe category, she has to take her chance for admission into MBBS course along with the candidates who secured ranking under the Scheduled Tribe category only and she cannot claim any preferential right on the ground that she belongs to Koya community, which has not been sufficiently represented so far in the medical admissions.

Under these circumstances, I find that the petitioner has to take her admission on the basis of the merit ranking among the S.T. Candidates only. If other persons of S.T. category get higher merit rank, they would get admission before the petitioner, but she cannot claim a preferential right, exclusively for Koya community to which she belongs on the ground that the said caste/community is not sufficiently represented in medical admissions.

As regards the contention of the petitioners that (i) Sugali/Lambada (ii) Yerukala and (iii) Valmiki castes were included in the Scheduled Tribes list contrary to the spirit of Articles 338 and 342 of the Constitution, I am afraid that this ground is also devoid of merit, it is for the Parliament to include the castes in the Scheduled Tribes list. When the parliament has done the same this Court cannot either add or delete any such community from the list of Scheduled Tribes.

Under these circumstances, I do not find any merit in the writ petition, it is accordingly dismissed. No costs.

However, the second respondent may consider the case of the petitioner for admission into MBBS course under Scheduled Tribe category, provided she gets sufficient merit ranking among S.T. candidates as per the Rules.