IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 6899 of 2008 Between: G. Siva Kumari D/o late G. Subbaiah R/o 2-87/B, Dr. Cousins Street, Madanapalli, Chittoor District. ..... PETITIONER AND 1 Government of Andhra Pradesh rep by its Prl. Secretary, Social Welfare (CV.2) Department Secretariat Buildings, Hyderabad. 2 The Collector & District Magistrate, Nellore District, Nellore. 3 The Joint Collector & Chairman, District Level Scrutiny Committee, Nellore District, Nellore. .....RESPONDENTS 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 or order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the 1st respondent in not passing any orders on the stay application filed by petitioner along the statutory appeal under Section 7 the A.P. (Scheduled Castes, Scheduled Tribes & Backward Classes) Regulation of Issue of Community Certificates Act, 1993 against the orders of the 2nd respondent proceedings No. Rc.5(M) 8986/95 dated 29-01-2008 as highly illegal, arbitrary and unjust and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner : Sri D.V. Nagarjuna Babu Counsel for the Respondents : GP for Social Welfare The Court made the following O R D E R: Heard the learned Government Pleader for Social Welfare and with his consent, the writ petition is taken up for disposal at the stage of admission. This writ petition has been instituted complaining of the delay in taking up the stay application moved along with the appeal preferred on 26th February 2008, under Section 7 of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificate Act, 1993 against the notification and order passed by the District Collector and Magistrate, Nellore on 29th January 2008, whereby he had cancelled the caste certificate issued in favour of the writ petitioner declaring her as belonging to Yanadi community and, consequently, as a Scheduled Tribe. Since it is a right of appeal provided under the aforementioned Act, the State Government is liable to deal with it on its merits. Since penal consequences, including prosecution can flow from the notification issued on 29th January 2008 by the District Collector and Magistrate, the balance of convenience lies in favour of the petitioner in not giving effect to any such penal consequences pending consideration of the appeal, inasmuch as the appeal is a continuation of the original proceedings and the appellate authority is also entitled to examine all relevant facts in the matter. But at the same time, the petitioner shall also be restrained from making any further claims as a candidate belonging to Scheduled Tribe community. Subject to the above condition that the writ petitioner shall not make any claim or take any further advantage as a candidate belonging to the Scheduled Tribe community, during the pendency of the appeal preferred by her to the State Government on 26th February 2008, the State Government is directed to deal with the appeal preferred by the writ petitioner on its merits and dispose it of, after providing an opportunity of hearing to the writ petitioner, on or before 30th September 2008. With this, the writ petition stands disposed, but however, without costs. (NOOTY RAMAMOHANA RAO,J) 31st March 2008 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT}