IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 18897 of 2008 Between: P.Yathinder S/o.P.Shanker Rao R/o.H.No.11-1-903, Chintha Bhavi, Chilkalguda, Secunderabad. ..... PETITIONER AND 1 The Government of Andhra Pradesh represented by its Secretary, Social Welfare Department, Secretariat, Hyderabad. 2 The Director of Tribal Welfare, Andhra Pradesh Telugu Samkshema Bhavan, Masab Tank, Hyderabad. 3 The Convenor, EAMCET - 2008 Sankethika Vidya Bhavan, Masab Tank, Hyderabad. 4 The District Collector, Hyderabad District, Hyderabad. 5 The Tahsildar (Mandal Revenue Officer) Marredpally Mandal, Hyderabad. 6 The Director, TCR & TI, 2nd Floor, Damodaram Sanjeevaiah Samkshema Bhavan, Masab Tank, Hyderabad. 7 The Principal, Swamy Vivekananda Institute of Technology, Patny Centre, Secnderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction declaring the action of the District Collector, Hyderabad District, Hyderabad, 4th Respondent herein in not passing any orders on the Appeal dt. 19.06.2006 (received on 20.6.2006) ﬁled by the Petitioner herein and the consequent action of the 2nd Respondent in not permitting the petitioner to prosecute B.Tech course by keeping a seat in abeyance as per Memo RC.No. 1851/2008/TRI/VC-2 dated 20.08.2008 as illegal, arbitrary, unreasonable and violative of Articles 14 and 16 of the Constitution of India and opposed to the very spirit and object of the provisions of "The Andhra Pradesh [Scheduled Castes, Scheduled Tribes and Backward Classes] Regulation of Issue of Community Certiﬁcates Act, 1993" and "The Andhra Pradesh [Scheduled Castes, Scheduled Tribes and Backward Classes] Regulation of Issue of Community, Nativity and Date of Birth Certiﬁcates Rules, 1997 and consequently direct the Respondents herein to permit the Petitioner herein to prosecute B.Tech course in the 7th Respondent College and pass such further order or orders. Counsel for the Petitioner:MR.A.V.SESHA SAI Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 18897 OF 2008 ORDER: 1. This writ petition has been ﬁled by P.Yathinder assailing the action of the District Collector, Hyderabad District in not taking up the appeal dated 19-6-2006 ﬁled by him on the orders passed by Tahsildar ( Mandal Revenue Officer) Maredpally Mandal, Hyderabad. 2. Petitioner claims that he belongs to Scheduled Tribe. He submitted application before the Tahsildar (Mandal Revenue Oﬃcer) –5th respondent for grant of community certiﬁcate. The Mandal Revenue Oﬃcer by order dated 23-5-2006 rejected the request of the petitioner. Thereupon the petitioner ﬁled an appeal as provided under Andhra Pradesh, (Scheduled Caste, Schedule Tribe and Backward Classes) Regulation of Issue of Community Certiﬁcates Act, 1993 and his appeal is stated to be pending. While so, he appeared for EAMCET and secured 84859 rank. He participated in the counseling and seat came to be allotted to him under Scheduled Tribe category in Swamy Vivekananda Institute of Technology, Patny Centre, Secunderabad-7th respondent. While so, a Memo came to be issued by the Director of Tribal Welfare on 28-8-2008, whereunder seat allotted to the petitioner is directed to be kept in abeyance. Hence, this writ petition. 3. When the writ petition came up for admission, learned Government pleader for Social Welfare received notice on behalf of the respondents 1 and 2. 4. Heard learned counsel for the petitioner and learned Government Pleader for social welfare appearing for respondents NO.1 and 2. 5. Learned counsel appearing for the petitioner submits that when Mandal Revenue Oﬃcer issued Memo dated 7-6-2005, he approached this Court and this Court by order dated 19-9-2005 in W.P.No. 20500 of 2005 set aside the memo and directed the Mandal Revenue Oﬃcer, Maredepally to process the application of the petitioner in accordance with the Rule 5(g) of the Andhra Pradesh, (Scheduled Castes, Scheduled Tribes and Backward Classes) Issue of Community Certiﬁcate Rules, 1997. A further submission has been made that because of the delay on the part of the authorities in conducting the enquiry, the petitioner missed admission in I year B.Tech. course in the year 2005. 6. A fact remains that the appeal ﬁled by the petitioner before the District Collector, Hyderabad is pending consideration. Therefore, without expressing any opinion on the merits of the case, I deem it appropriate to dispose of the writ petition directing the District Collector, Hyderabad to consider the appeal presented by the petitioner within four weeks from today and pass appropriate orders. Till the disposal of the appeal ﬁled by the petitioner, he shall be treated as Scheduled Tribe. 7. Accordingly, the 3rd and 7th respondent shall permit the petitioner to pursue B.Tech. Course subject to the result of the appeal ﬁled by the petitioner under A.P. (Scheduled Castes, Scheduled Tribes and Backward Classes) Issue of Community Certiﬁcate Rules, 1997. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 1st September, 2008. Note: C.C. in two days B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 18897 OF 2008 1st September, 2008.