IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2553 of 2011 BETWEEN Beeram Sudhakar. ... PETITIONER AND The District Collector and three others. ...RESPONDENTS Counsel for the Petitioner: MR.K. RAM REDDY Counsel for the Respondents: GP FOR SOCIAL WELFARE The Court made the following: ORDER: This writ petition is filed seeking directions by way of Mandamus to declare the action of the second respondent in not considering the appeal preferred by the petitioner on 02.02.2011 aggrieved by order dated 16.01.2011 issued in proceedings D3-2150/07 by the first respondent – District Collector, Khammam, as illegal and arbitrary. 2. Petitioner is presently working as conductor in the Andhra Pradesh State Road Transport Corporation. It is stated that he secured employment in the year 1990 basing on the caste certificate issued to him certifying that he belongs to Schedule Tribe community. Now by impugned proceedings dated 16.01.2011 the caste certificate issued to the petitioner is cancelled based on the recommendations of the District Level Scrutiny Committee. 3. A perusal of the impugned proceedings indicates that there is an allegation against the petitioner that he was brought up in the surroundings of BC community only, but not in tribal atmosphere. As against the said order dated 16.01.2011, the petitioner has preferred an appeal, as provided under the Andhra Pradesh (ST, SC and BC) Regulation of Issue of Community Certificates Act, 1993 (for short ‘the Act’), on 02.02.2011 along with an application for interim order. It is the grievance of the petitioner that the appellate authority is not taking any steps to consider the said appeal and on the other hand, there is likelihood of initiating proceedings by the employer. It is the further grievance of the petitioner that if the appeal is not decided at the earliest, he would be put to great hardship. 4. Under the scheme of the Act, against the orders of cancellation issued by the District Collector, there is a remedy of appeal before the Government. When such a remedy of appeal is availed off along with an application for grant of interim order, there appears no reason for not considering either the application for grant of interim order or the appeal itself. 5. As the remedy of appeal is substantive one, I deem it appropriate to direct the second respondent to dispose of the appeal itself as expeditiously as possible by giving notice of hearing and opportunity to the petitioner. There shall be a further direction that the order of the District Collector dated 16.01.2011 shall remain suspended till the appeal filed by the petitioner is disposed of by the appellate authority. Subject to the above directions, the writ petition is disposed of. There shall be no order as to costs. __________________ R. SUBHASH REDDY, J February 8, 2011 DSK