Full Judgment
The petitioner submitted an application before the Revenue Divisional Officer, Tekkali Division, 3rd respondent herein under the A.P. (SCs, STs and BCs) Regulation of Issue of Community Certificates Act, 1993 (for short ‘the Act’) with a request to issue her a certificate to the effect that she belongs to Schedule Tribe (S.T.) Community (Bentho Oria). The 3rd respondent passed an order dated 20.07.2012 rejecting the application of the petitioner. According to him, the petitioner belongs to “Oddi/Odiya” but not “Bentho Oria (S.T.)”. Feeling aggrieved by the said order, the petitioner filed an appeal before the District Collector, Srikakulam, 2nd respondent herein under Section 7 of the Act. She has also made a prayer for interim orders. This writ petition is filed for a Writ of Mandamus to declare the action of the 2nd respondent in not passing the orders in the appeal preferred by the petitioner as illegal and arbitrary.
Learned counsel for the petitioner contends that the admission process under medical stream is in progress and unless she is issued Caste Certificate, she may not be considered against the seats reserved for S.T. candidates. It is also pleaded that the view taken by the 3rd respondent is not correct. Placing reliance upon the judgment of this Court in Government of Andhra Pradesh vs. Pagadala Khali Kanthi (2010(2) ALD 333 (DB)), learned counsel for the petitioner contends that the 2nd respondent has ample power to pass orders enabling the petitioner to claim admission against the seats reserved for S.Ts.
Learned Government Pleader on the other hand submits that the petitioner has already availed the remedy of appeal and the Act does not confer any power upon the 2nd respondent to pass interim orders, though such power is vested with the 1st respondent.
The 3rd respondent passed a detailed order on the application submitted by the petitioner. He took the view that the petitioner cannot be certified as S.T. The petitioner has already availed the remedy of appeal. It is no doubt true that Rule 19 of the A.P. (SCs, STs and BCs) Regulation of Issue of Community Certificates Rules (for short ‘the Rules’) provides for the consideration of a candidate against the seats reserved in favour of particular category, in case the consideration of the application for Caste Certificate is likely to take time. In the instant case, however, the application has already been rejected. Once the application is rejected, the question of claiming any benefit under Rule 19 of the Rules does not arise.
So far as the passing of interim orders by the 2nd respondent is concerned, the Act maintained a dichotomy as regards the appeals to be heard by the District Collector on the one hand and the Government on the other hand. Obviously because most of the appeals preferred before the Government are against the orders of cancellation of Caste Certificate, the power to grant interim orders is conferred upon the Government. The appeals to be preferred to the Collector are mostly against the orders of rejection of the applications for caste certificates. Once the primary authority has rejected the application, hardly there exists any scope for passing any interim orders. Further, once the Legislature maintained a clear distinction as to conferment of power to pass interim orders, this Court cannot confer such powers on the District collector. Having regard to the facts and circumstances of the case, the 2nd respondent can be required to expedite the hearing of the appeal.
Therefore, the writ petition is disposed of directing the 2nd respondent to pass orders in the appeal preferred by the petitioner as early as possible, preferably within two months from the date of receipt of a copy of this order.
The miscellaneous petition filed in this writ petition also stands disposed of. There shall be no order as to costs.