THE HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No. 2042 of 2010 Between: Pikkili Subbarayudu …… Petitioner and The Government of Andhra Pradesh, Rep. by its Secretary, Finance and Planning Department, Hyderabad & others ….. Respondents O R D E R: Heard the learned counsel for the petitioner, the learned Government Pleader for Tribal Welfare for Respondent No.1 and the learned Government Pleader for Revenue for Respondents 2 and 3. The petitioner claims that he belongs to Valmiki (Scheduled Tribe) Caste and to that effect, he obtained the certificate in 1980, based on which, he was employed in Police Department and presently, he has been working as a Circle Inspector. It is the case of the petitioner that when his son sought for admission into B.E./B.Tech course, in the quota reserved for the Scheduled Tribes, based on the caste certificate issued in his favour, enquiry into the very genuineness of the said certificate was initiated, but without completing the same, the Collector and District Magistrate, Guntur passed final orders, in Rc.No. 250/04-C4, dated 25.12.2009, cancelling the caste certificate issued to the petitioner. The grievance of the petitioner is that pursuant to the said order, his employer is contemplating to initiate further action against him. Therefore, challenging the order, dated 25.12.2009, he filed an appeal before the Government, under Section 7(2) of the Andhra Pradesh (S.C., S.T. & B.Cs.) Regulation of Issue of Community Certificate Act, 1993, on 29.01.2010, along with an Application for stay, but no orders have been passed as yet. Therefore, he filed the present Writ Petition. A perusal of the proceedings in Rc.No. 250/04-C4, dated 25.12.2009, indicate that though enquiry was initiated against the son of the petitioner, in the operative portion, it was mentioned that the caste certificate issued in favour of the petitioner was cancelled. Aggrieved thereby, the petitioner has already preferred an Appeal to the Government. The question as to whether the petitioner belongs to Valmiki (Scheduled Tribe) caste or not and whether the findings recorded by the Collector and District Magistrate are in accordance with law or not, is a matter to be considered by the appellate authority in the appeal pending before it. Therefore, at this stage, it is not desirable for this Court to express any opinion on merits. Be that as it may, in view of the fact that the caste certificate in favour of the petitioner was issued in 1980 and that he rendered service for more than ten years, I deem it appropriate that it is a fit case to suspend the order of the Collector and District Magistrate, Guntur, dated 25.12.2009 till the appeal preferred by the petitioner is disposed of. For the aforesaid reasons, the Writ Petition is disposed of directing the 1st respondent – Appellate Authority to consider and pass appropriate orders in the appeal filed by the petitioner on 29.01.2010 against the order dated 25.12.2009 in Rc.No. 250/04-C4, on merits, as expeditiously as possible. Till then, the order, dated 25.12.2009 shall remain suspended. ---------------------------- (R. SUBHASH REDDY, J) 4th February 2010 Note: Issue CC in three days. ksld