IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 18199 of 2008 Between: 1 Rajeevalochana Dolai S/o. Krishna Dolai R/o. Londaputtuga Village, Kanchili Mandal, Srikakulam District. 2 Lokanath Madhusudhana Sah S/o. Lokanth Domburu Sah R/o. Manikyam puram Village, Kaviti Mandal, Srikakulam District. 3 Bidyadhoro Majhi S/o. Brundabono Majhi, R/o. Majjiputtaga Village, Kanchili Mandal, Srikakulam District. 4 Vijaykumar Dolai, S/o. Poornachandra Dolai R/o. Nathaputtuga Village, Kanchili Mandal, Srikakulam District. 5 Vidyasagar Dolai S/o. Annadi Dolai R/o. Nathaputtuga Village, Kanchili Mandal, Srikakulam District. ..... PETITIONER(S) AND 1 The District Collector, Srikakulam District. 2 The Director, Tribal Welfare Department, TCR and TI, Masabtank, Hyderabad. 3 The RDO, Tekkalli, Srikakulam District. 4 The Convenor, (Admissions) I-CET-2008, Osmania University, Hyderabad. .....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 to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the orders passed by the 3rd respondent vide Rc.No.1088/2008D dated 2.08.2008 as illegal, arbitrary, untenable, non application of mind, contrary to principles of natural justice, contrary to the AP (Scheduled Castes, Scheduled Tribes and Backward classes) Regulation of issue of community certificats Act 1993 and Rules 1997 and set side the same by consequently directing the 1st respondent to dispose of the statutory appeals filed by the petitioner dated 09.08.2008 as per law and pass Counsel for the Petitioner:MR.G.TUHIN KUMAR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 18199 OF 2008 ORDER: 1. Petitioners in this writ petition calls in question the endorsement issued by the Revenue Divisional Officer,Tekkalli, Srikakulam District-3rd respondent on their applications for grant of social status certificate. They claimed that they belong to Bentho Oriya, which is recognized as Scheduled Tribe. They moved applications before the Revenue Divisional Officer, Tekkalli for grant of their social status certificate as Bentho Oriya (Scheduled Tribe). The Revenue Divisional Officer after conducting enquiry issued endorsement dated 2-8-2008 stating that they do not belonged to Bentho Oriya and that they belong to Oddi or Odiya which is not a scheduled tribe. Assailing the endorsement issued by the Revenue Divisional Officer, Tekkalli, they filed the appeals before the District Collector on 9-8-2008. Apprehending the implementation of endorsement which may result cancellation of their admission in Educational Institution, they approached this Court invoking jurisdiction under Article 226 of the Constitution of India. 2. When the writ petition came up for admission, the learned Government Pleader for Social Welfare received notice on behalf of the respondents 1 to 3 and whereas Deepak Bhatacharya, learned standing counsel for convener Admissions I-CET- 2008 received notice on behalf of the respondent No.4. 3. Heard learned counsel appearing for the petitioners and learned Government Pleader for Social Welfare appearing for respondents 1 to 3 and learned standing counsel appearing for the respondent No.4. 4. It is contended by the learned counsel appearing for the petitioners that the Revenue Divisional Officer, Tekkalli-3rd respondent has not conducted any enquiry as contemplated under the provisions of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of issue of Community Certificates Acts, 1993 and Andhra Pradesh, (Scheduled Castes, Scheduled Tribes and Backward Classes) Issue of Community and Nativity and Date of Birth Certificate Rules, 1997 and therefore the endorsement issued by him is liable to set aside. 5. A fact remains that the petitioners filed the appeals before the District Collector. It is not desirable to record any finding on the entitlement of the petitioners to social status as Schedule Tribe. Since their appeals are stated to be pending before the District Collector, Srikakulam. Therefore, I deem it appropriate to keep the endorsements in suspension pending disposal of the appeals filed by them before District Collector or the interim stay application proposed to be moved by them, whichever is earlier. 6. Accordingly, this writ petition is disposed of. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 21st August, 2008. Note: C.C. in three days B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 18199 OF 2008 21st August, 2008.