IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 18287 of 2008 Between: P. Rajasekhar S/o. Sambasiva Rao R/o. Chavali Village, Vemuru Mandal, Guntur District. ..... PETITIONER AND The Joint Collector & Additional District Magistrate, Guntur, Chairman District Level Scrutiny Committee, Guntur, Guntur District. .....RESPONDENT 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 to issue an order direction or writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in issuing notice dated 04.07.2008 in conducting enquiry required under Rule 8 of APSC and ST Regulation of issue of community certiﬁcate Act, 1993 of 16/93 Act and issuing notice dated 04.07.2008 as the same is illegal, arbitrary and unjust and consequently direct the respondent not to conduct any enquiry as required under Rule 8 of APSC & ST Regulation of issue of community certiﬁcate Act, 1993 of 16/93 ACt, till the disposal of writ petition and batch and pass Counsel for the Petitioner:MR.G.RAVI MOHAN Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 18287 OF 2008 ORDER: 1. This writ petition has been ﬁled by P. Rajasekhar, assailing the action of the Joint Collector and Additional District Magistrate-respondent in issuing notice, dated 4-7- 2008 whereby he has been directed to be present before the Committee to discuss the veriﬁcation of Caste Certiﬁcate issued in his favour 2. The petitioner claims that he belongs to ‘Thammali’ Caste which has been recognized as Backward Class, B.C.’D’ in G.O.Ms.No. 10, dated 30-5-1953 in erstwhile Hyderabad State. Subsequently, the Government of Andhra Pradesh issued G.O.Ms. No. 1793, dated 23-9-1970 wherein also the ‘Thammali’ caste was mentioned at serial NO.29 in Group ‘D’. While so, the Government of Andhra Pradesh issued G.O.Ms.NO. 20, dated 21-7-1997 recognizing the Thammali caste people residing in Telengana districts only as ‘Backward Class’. Challenging the said G.O. ‘Thammali Sankshema Seva Sangam’ ﬁled W.P.No. 6932 of 2000. An interim order has been granted suspending the said G.O. The Joint Collector and Additional District Magistrate- respondent issued show cause notice to the petitioner to appear before the Committee with regard to the enquiry conferring social status to him. Assailing the show cause notice, the petitioner approached this Court invoking jurisdiction under Article 226 of the Constitution of India. 3. When the writ petition came up for admission, learned Government Pleader for Social Welfare received notice on behalf of the respondents. 4. Heard learned counsel appearing for the petitioner and learned Government Pleader for Social Welfare for the respondents. 5. Learned counsel appearing for the petitioners submits that the validity of the G.O.Ms. NO. 20, dated 21-7-1997 is questioned by Thammali Sankshema Seva Sangam’ and secured interim suspension and therefore, the question of the Joint Collector and Additional District Magistrate- respondent conducting enquiry with regard to the social status of the petitioner does not arise. 6. As seen from the show cause notice, the petitioner has been required to attend before the Committee which has been constituted to enquire the social status of the petitioner. The petitioner is at liberty to appear before the Committee and submit explanation detailing the proceedings taken out by ‘Thammali Sankshema Seva Sangam’ challenging the validity of G.O.Ms. No. 20, dated 21-9-1997. 7. Reserving the said liberty, this writ petition is disposed of. No order as to costs. ______________________________ Justice B.Seshasayana Reddy 22nd August, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 18287 OF 2008 22nd August, 2008.