IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 5737 of 2008 Between: P. Venkata Praveen Kumar S/o. Pakeeru, being minor rep. by his father and natural guardian, P. Pakeeru, S/o. Chinnayya, aged 45 years, Garividi Village and Mandal, Srikakulam District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Tribal Welfare Department, rep. by its Prl. Secretary, Secretariat Buildings, Hyderabad 2 The Commissioner of Tribal Welfare, Government of Andhra Pradesh, Masab Tank, Hyderabad. 3 The Collector & District Megistrate, Vizianagaram. 4 The Revenue Divisional Officer, Vizianagaram. 5 The Mandal Revenue Officer, Garividi Mandal, Vizianagaram District. .....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 issue a Writ of Mandamus or any other appropriate Writ or Direction declaring the proceedings in No. (M), R.Dis. No.1000/2005-C5, dated 25.01.2008 of the 3rd respondent is illegal, arbitrary, unjustified, unsustainable, unreasonable, contrary to law and violative of principles of natural justice, and set aside the same, consequently direct the respondents to hold that the petitioner is belongs to Schedule Tribe (Gadaba) and prosecute the B.E. Course at Garividi and pass such other or further orders Counsel for the Petitioner: MR.A.RAMA RAO Counsel for the Respondents: GP FOR SOCIAL WELFARE The Court made the following : W.P.NO. 5737 OF 2008 ORDER: The 3rd respondent, by the impugned order dt. 25.1.2008 in purported exercise of the powers under sub- Rule 7 of Rule 9 of A.P. (SC/ST/BC) Issue of Community Nativity and Birth Certificate Rules, 1997 communicated vide G.O.Ms.No. 58, SW (J) Department, dt. 12.5.1997 read with Section 5 (1) of A.P. (SCs, STs & BCs.) Regulation of Issue of Community Certificates Act, 16 of 1993, cancelled the caste certificate bearing S.R.No. 772/2005, dt. 14.9.2005 issued by the Mandal Revenue Officer, Garividi in favour of the petitioner declaring him as belonging to GADABA (ST). Thereagainst the petitioner preferred an appeal to the first respondent on 21.2.2008 along with an application for interim relief. The first respondent, by a memo dt. 4.3.2008, called for para-wise remarks from the third respondent on the appeal preferred by the petitioner. On the basis of the community certificate initially issued by the Mandal Revenue Officer, Garividi, apart from the earlier educational certificates certifying the petitioner to be belonging to ST GADABA community, the petitioner is presently pursuing an engineering course in a private engineering college. In the circumstances, as the order of the third respondent dated 25.1.2008 would place the petitioner’s educational future in jeopardy, it is appropriate that the first respondent-appellate authority should expeditiously consider the appeal, at any rate the application by the petitioner for interim relief therein. In the facts and circumstances and since the petitioner has preferred an appellate remedy, this Court is not inclined to adjudicate the validity of the third respondent’s order dt. 25.1.2008. The writ petition is accordingly disposed of directing the first respondent to expeditiously, and in any event within seven days from the date of receipt of a copy of this order, consider and dispose of the petitioner’s application for interim relief in the appeal preferred by him. __________________ GODA RAGHURAM J Dt. 18.3.2008 NB CC of order be furnished in two days. /BO/ KR .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of Andhra Pradesh, Tribal Welfare Department, rep. by its Prl. Secretary, Secretariat Buildings, Hyderabad 2 The Commissioner of Tribal Welfare, Government of Andhra Pradesh, Masab Tank, Hyderabad. 3 The Collector & District Megistrate, Vizianagaram. 4 The Revenue Divisional Officer, Vizianagaram. 5 The Mandal Revenue Officer, Garividi Mandal, Vizianagaram District. 6. 2 CCs to Govt. Pleader for Social Welfare 7.2 CD copies Form-NIC-OGS/WP{MSN}