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High Court for State of TelanganaWP/1226/2009closed no costs

Sakuru Manoj Kumar v. The Government Of Andhra Pradesh, Rep.By Its

2015-12-28Challa Kodanda Ram3 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO.1226 of 2009 Between:

Sakuru Manoj Kumar PETITIONER AND 1.

The Government of Andhra Pradesh, rep. by its Principal Secretary, Department of Tribal Welfare, Secretariat, Hyderabad, and others. RESPONDENTS

ORDER:

This writ petition is filed seeking to declare the action of the 2nd respondent in not acting on the valid Community Certificate issued under Section 7 of the Andhra Pradesh (SC, ST & BCs) Regulation of Issue of Community Certificates Act, 1993 and appointing the petitioner to the post of Civil Assistant Surgeons 2008 to the A.P. Medical and Health Services, as arbitrary and illegal.

This Court while issuing Rule Nisi on 29.01.2009 passed interim order directing the respondent to act on the certificate issued by the Mandal Revenue Officer, Visakhapatnam, dated 19.12.2000 and issue appointment order, if the petitioner is otherwise eligible.

It is fairly submitted by the learned counsel for the petitioner that the appeal filed by the petitioner questioning the cancellation of Cast Certificate came to be allowed by the Government. Thereafter, when once again the issue was sought to be reopened, the petitioner filed W.P.No.5168 of 2006 before this Court and this Court granted interim stay of the memo filed for reopening of appeal. However, the interim order passed by this Court in this writ petition came to be implemented. In view of the same, no further relief need be granted in this writ petition In that view of the matter, without expressing any opinion on the merits of the case, this writ petition is closed leaving it open to the petitioner to pursue W.P.No.5168 of 2006. However, this order will not come in the way of disposal of W.P.No.5168 of 2006 on merits.

_____________________ CHALLA KODANDA RAM, J.

28th December, 2015 Js.