The Hon’ble Sri Justice R.Subhash Reddy Writ Petition No.1397 of 2008 Between: Baravathula Saraswathi. …Petitioner and 1.Government of Andhra Pradesh, rep. by its Principal Secretary to Government, Social Welfare (CV.2) Department, Secretariat Buildings, Hyderabad and 2 others. …Respondents The Hon’ble Sri Justice R.Subhash Reddy Writ Petition No.1397 of 2008 Order: Heard learned Counsel for the petitioner and learned Government Pleader for Social Welfare appearing for the respondents. At their request, the Writ Petition is disposed of at the stage of admission. This Writ Petition is filed questioning the order dated 17-01-2008 passed by the first respondent-Government in Memo No.55/CV.2/2008-1, rejecting the request of the petitioner for grant of interim order pending appeal filed by her under Section 7(2) read with Rule 11 of the Andhra Pradesh (SCs/STs & BCs) Regulation of Issue of Community Certificates Act 16 of 1993 (for short ‘the Act’). The petitioner, initially, obtained a caste certificate, certifying her caste as Scheduled Tribe, i.e., Kondakapu. It is stated that petitioner is presently working as Record Assistant in Andhra University. The second respondent, District Collector, who is the primary authority under the provisions of the Act, passed order dated 09-10-2007, cancelling the Caste certificate issued to the petitioner. Against the same, petitioner preferred statutory appeal as provided under Section 7(2) of the Act read with Rule 11 of the Rules framed under the Act. Pending disposal of the appeal, petitioner moved an application for grant of interim order. However, the said request has been rejected by the impugned order. Hence, this Writ Petition. It is submitted by learned counsel for the petitioner that the order dated 09-10-2007, passed by the District Collector, cancelling the caste certificate issued by the Tahsildar, Kakinada, in favour of the petitioner, is without appreciating the same in proper perspective. It is stated that the District Collector has passed the said order based on the proceedings relating to her sister by name Smt.B.Varalakshmi, but, however, the said order was already set aside by this Court in W.P.No.19557 of 1994 by order dated 09-12-2004. It is stated that while allowing the said Writ Petition filed by petitioner’s sister, this Court directed to conduct a fresh enquiry. As much as merits on the grounds of appeal are concerned, it is a matter for consideration by the appellate authority in the appeal filed by the petitioner. But, a perusal of the impugned order shows that the first respondent has passed the same, rejecting the application for grant of stay, by observing that there are no new grounds. As much as it is the case of the petitioner that the caste certificate was issued as early as on 14-05-1981 and presently, she is working as Record Assistant, in Andhra University, based on the said certificate, balance of convenience lies to stay the order of the District Collector, till the disposal of the appeal filed by the petitioner. Accordingly, the Writ Petition is disposed of directing the first respondent/appellate authority to dispose of the appeal filed by the petitioner as expeditiously as possible. The order of the District Collector dated 09-10-2007 shall remained suspended till then. No order as to costs. ___________________ (R.Subhash Reddy, J) 29th January, 2008 Note: Furnish CC in two days. B/o lur