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High Court for State of TelanganaWP/9740/2016dismissed as not pressed

Gedam Swathi, v. The Registrar (Recruitment),

2016-03-30Dilip B. Bhosale,P Naveen Rao3 pages

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE P. NAVEEN RAO Writ Petition No.9740 of 2016 Date:30.3.2016 Between:

Gedam Swathi, Tatiguda, Adilabad and another.

.....Petitioners And The Registrar (Recruitment) High Court of Judicature at Hyderabad, For the State of Telangana and the State of Andhra Pradesh, Hyderabad and others.

... Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE P. NAVEEN RAO Writ Petition No.9740 of 2016 PC:(Per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) Mr. J. Satya Prasad, learned counsel for the petitioners does not press the writ petition at this stage and seeks liberty to the petitioners to approach the competent authority under Section 5 of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 (for short 'the Act') for seeking appropriate declaration and/or cancellation of Community/Caste Certificate issued in favour of respondent Nos. 4 and 5. He further submits that if the petitioners succeed before the competent authority in establishing that respondent Nos. 4 and 5 do not belong to Scheduled Tribe, as claimed by them, the petitioners may be given liberty to file fresh petition for appropriate remedy.

The writ petition is disposed of as not pressed with liberty as prayed. It is open to the petitioners to approach this Court afresh, if they succeed before the competent authority in establishing that respondent Nos. 4 and 5 do not belong to Scheduled Tribe. It is needless to mention that if the petitioners approach the competent authority, as aforementioned, under Section 5 of the Act, the competent authority shall deal with

their application only after issuing notice and giving an opportunity of being heard to respondent Nos. 4 and 5. All contentions on merits are kept open.

Consequently, pending miscellaneous applications shall also stand closed.

____________________ DILIP B. BHOSALE, ACJ __________________ P. NAVEEN RAO, J 30th March, 2016 Pnb