Telangana High Court

WP/28601/2009 of Dr.C.Vasudev,A-2/93, Vishalkhand, Gomti Nagar Vs Government of Andhra Pradesh, rep.by its Secretary on 29 December 2009

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SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.28601 of 2009 Date: 29.12.2009 Between: Dr.C.Vasudev …Petitioner and The Govt of A.P.., rep. by its Secretary, Social Welfare Department, Secretariat, Hyderabad and others. …Respondents THE HON’BLE SRI JUSTICE L.NARASIMHA

THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY

WRIT PETITION No.28601 of 2009

Date: 29.12.2009

Between:

Dr.C.Vasudev

…Petitioner

and

The Govt of A.P.., rep. by itsSecretary, Social Welfare Department,Secretariat, Hyderabad and others.

…Respondents

THE HON’BLE SRI JUSTICE L.NARASIMHA REDDYWRIT PETITION No.28601 of 2009

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ORDER:

The petitioner studied M.B.B.S. and Post Graduate medicalcourses by claiming benefit of reservation as a Scheduled Tribecandidate.

The District Collector, Kadapa – 3[rd] respondent initiatedproceedings against the petitioner under the A.P. SCs STs BCs(Issue of Community, Nativity and Date of Birth Certificates)Rules, 1997 on a complaint received by the A.P. Girijana SevaSangham, Kadapa. After enquiry by the District level ScrutinyCommittee, the 3[rd] respondent passed order dated 14.11.2009cancelling the Caste Certificate issued to the petitioner. The sameis challenged in this petition.

Heard learned counsel for the petitioner and learnedGovernment Pleader for Social Welfare.

Learned counsel for the petitioner has advanced severalcontentions while challenging the validity of the impugned order. However, it is evident that the petitioner has already availed astatutory remedy by filing an appeal before the 1[st] respondentagainst the impugned order. The appellate authority would be in abetter position to appreciate the matter from various angles. Sincethe petitioner availed alternative remedy by filing an appeal beforethe 1[st] respondent against the impugned order, this Court is notinclined to entertain the writ petition. However, the interest of thepetitioner needs to be protected till the 1[st] respondent disposes ofthe application submitted by the petitioner for stay.

Hence, the writ petition is disposed of directing that theproceedings dated 14.11.2009 issued by the 3[rd] respondent shallremain suspended till the 1[st] respondent pass order on theapplication submitted by the petitioner for stay. There shall be noorder as to costs.

December 29, 2009BVV

_________________________

JUSTICE L.NARASIMHA REDDY

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