IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 10502 of 2008 Between: Jogi Nirmala, S/o. Sri M.Sudhakar Mohan, R/o. Flat No.10,Meghana Apartments, All India Road Bypass Road, Tirupati, Chittoor District. ..... PETITIONER AND 1. Government of Andhra Pradesh, rep. by its Prl. Secretary, Social Welfaer (CV.2) Department, A.P. Secretariat, Hyderabad. 2. The District Collector, Chittoor District, Chittoor. 3. The Joint Collector & Chairman, District Level Scrutiny Committee, Office of the District Collector, Chittoor, District, Chittoor. .....RESPONDENTS 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 or order of direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in not passing any order on the petition for interim suspension of the order of the 2nd respondent in Proceedings No.C3/5466/2005 dated 08.02.2008 in the appeal filed by the petitioner under Section 7 of the A.P.(Scheduled Castes, Scheduled Tribes & Backward Classed) Regulation of issue of Community Certificates Act,1993 against the order of the 2nd respondent in Proceedings No.C3/5466/2005 dated 08.02.2008 as highly illegal. Counsel for the Petitioner:MR.D.V.NAGARJUNA BABU Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.NO.10502 OF 2008 ORDER: The writ petitioner claims to belong to Mala Community and consequently, as a Scheduled Caste candidate. She is presently working with the All India Radio at Tirupati, Chittoor District. However, the District Collector and Magistrate, Chittoor, through his Proceedings dated 08-02-2008 had cancelled her social status certificate. Since, an Appeal is provided for under Section 7 of the A.P. (Scheduled Castes, Scheduled Tribes & Backward Classes) Regulation of Issue of Community Certificates Act, 1993, she has preferred an Appeal to the State Government on 23-04-2008. Since, the writ petitioner is working at Tirupati with All India Radio and the orders have been passed by the District Collector and Magistrate, Chittoor, she is apprehensive that penal consequences including her prosecution and also evil consequences on her conditions of service will visit her. Therefore, she solicited stay of operation of the Proceedings dated 08-02-2008 passed by the District Collector and Magistrate, Chittoor. However, while entertaining the Appeal, no such orders have been passed so far by the State Government. Heard the learned counsel for the petitioner and the learned Government Pleader for Social Welfare and with their consent the matter is taken up disposal at the stage of admission. I consider that the balance of convenience would lie in favour of the writ petitioner as she is treated as a member belonging to the Scheduled Caste for a long time and the very issue as to whether the District Collector and Magistrate, Chittoor, has correctly drawn the conclusion, based upon the enquiry conducted by the District Level Committee, has got to be examined by the Appellate Authority. Since, the Appellate Authority would be entitled to arrive at an entirely different conclusion on it’s own appreciation of the material available on record in the Appeal, the operation of the orders passed by the District Collector and Magistrate, Chittoor dated 08- 02-2008 ought to have been stayed. However, at the same time, the writ petitioner also shall not make any further claim of concessions as a member belonging to the Scheduled Caste. The Appeal of the petitioner may be taken up for consideration and decided within the next six months, at any rate, before the end of November 2008. Till such time, the operation of the Proceedings dated 08-02-2008 remain in abeyance. With this, the writ petition stands disposed of. No costs. -------------------------------- Nooty Ramamohana Rao, J mrk 2nd May 2008 ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}