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In this Petition, it has been prayed that the Respondents be mandated to permit the Petitioner to participate in the Counselling for the MBBS/BE degree course as a Scheduled Caste candidate and secondly, to mandate the Tahsildar to issue a Caste Certificate.

2. Briefly stated, the facts are that the Petitioner was born, brought up and educated in Mangalore. There is adequate evidence to this effect available on record including the Senior School Certificate issued by the Central Board of Secondary Education, in which the Petitioner has attended the Kendriya Vidyalaya, No.1, Panambur, Mangalore, D.K., and also the birth and study certificates. It is also not in dispute that the Petitioner belongs to the Scheduled Caste Parayan, Paraya, which are duly recognised in Karnataka to be Scheduled Castes. It is submitted that in the previous year, the Petitioner secured a rank of 6849 in the medical stream. In the current academic year, he has secured the rank of 2540 and accordingly stands a very bright chance of gaining admission to the MBBS/BE course, if considered as a Schedule Caste candidate. He had applied to the Tahsildar for issuance of Form 'D', which has been declined on the ground that the Petitioner's father was born in Tamilnadu, based on an understanding of Marri Chandra Shekhar Rao vs Dean, Geth G.S.Medical College, (1990)3 SCC 130 and the Constitution Bench judgment in Action Committee on issue of Caste Certificate to Scheduled Castes and Scheduled Tribes in the State of Maharashtra, (1994)5 SCC 244, caste certificate has been refused on the ground that the Petitioner is a migrant.