S.V. Bhatt, J.

1. The petitioner invoked the jurisdiction of this Court under Article 226 of the Constitution of India for issuance of mandamus declaring the action of respondents in not considering the Caste Certificate of petitioner dated 28.10.2000 issued by the Revenue Divisional Officer, Kakinada certifying the social status of petitioner as 'Budaga Jangam' for admission into B. Ed course, as illegal, unjust and also for a consequential direction to consider the candidature of petitioner for admission on the strength of such certificate into applicable course under Scheduled Caste category. This Court, through order dated 18.8.2010, directed the 2nd respondent to consider the candidature of petitioner under SC category and the same shall be subject to the result of the writ petition.

2. The 1st respondent filed petition to vacate the order dated 18.8.2010 and in the counter-affidavit filed the 1st respondent has stated about the applicable social status to petitioner and how the petitioner cannot avail the benefit as candidates belonging to SC category. In the counter-affidavit, it is nowhere stated that the certificate dated 28.10.2000 is either cancelled or any action und