It appears that after obtaining Resident of Backward Area (RBA) certificate, the writ petitioner came to be selected for undergoing MBBS course under the said category after qualifying the entrance test held by the competent authority. 2. It appears that a complaint came to be filed before Crime Branch and after conducting enquiry into the matter, it came to the conclusion that the reserved category certificate issued in favour of the petitioner was not genuine but false one. Respondent no. 4 preferred a revision petition before the appellate authority viz. Deputy Commissioner, Budgam and had prayed that the order of Tehsildar whereby certificate under RBA category was issued in favour of the petitioner be set aside and the certificate be cancelled. The Deputy Commissioner after considering the matter dismissed the revision petition vide order dated 30-7-2005. Not satisfied with the order of Deputy Commissioner, the respondent no. 4 filed an appeal before the Additional Commissioner, who stayed the order of Deputy Commissioner dated 30-7-2005. Petitioner feeling aggrieved of the order dated 30-7-2005 passed by the Additional Commissioner, filed this writ petition and sought writ of prohibition, restraining the Additional Commissioner to hear and conduct proceedings in the appeal filed by respondent No. 4 and for quashing of the proceedings drawn by the Additional Commissioner including order dated 24-8-2005, on the grounds taken in the petition. Respondents 1 to 3 have not filed their reply. Respondent No. 4 has filed reply. Heard learned counsel for the parties and considered the matter. It is necessary to notice the provisions of SRO 126, Rule 27 whereof reads as under:- "27. Officers authorized to issue certificate.--The following shall be Authorized Officers to issue certificate under these rules:-- Category Authorized officer to issue certificate (a) Scheduled Castes Revenue Officer not below the rank of Additional Tehsildar. (b) Scheduled Tribes Revenue Officer not below the rank of Additional Tehsildar. (c) Socially and Educationally Backward Classes: i/ Weak and Under privileged,classes (Social Castes) -do- ii/ Residents of the Area adjoining Actual Line of Control. -do- iii/ Residents of Backward Areas -do- Provided that in respect of villages of Paddar Marwah tehsil Kisthwar. District Doda. the Naib Tehsildar shall also be competent to issue such certificate. (d) Children of the permanent Residents of defence personnel Army, Navy and of the Force. Commanding Officer of Unit / Zila Board. -do- iii/ Residents of Backward Areas -do- Provided that in respect of villages of Paddar Marwah tehsil Kisthwar. District Doda. the Naib Tehsildar shall also be competent to issue such certificate. (d) Children of the permanent Residents of defence personnel Army, Navy and of the Force. Commanding Officer of Unit / Zila Board. (e) Children of the permanent Residents of  Para-Military Forces And State Police Personnel serving in the State. DIG concerned. (f) Candidates possessing outstanding Proficiency in sports (Sports Category). Secretary Sports Council. (g) Handicapped of the area. Chief Medical Officer (h) Ex-servicemen and children of Defence personal Commanding officer of the unit,where Serving or served Provided that an officer not below the rank of Deputy Commissioner (Relief), Jammu shall be the Authorized officer to issue certificate to the registered migrants of Kashmir, in respect of cases arising under clause (III) of category(C). 3. Rule 27 (supra) mandates and provides who is the Authorized Officer(s) for issuing reserved category certificate(s). A revenue officer not below the rank of Additional Tehsildar can issue certificates. 4. Rules 28 and 29 of SRO 126 prescribe the procedure which is to be followed in the applicant for obtaining the requisite certificate. 5. In terms of mandate of Rule 30 of SRO 126, an Authorized Officer has to accept the application or reject it within 15 days and has to record reasons therefor in writing. If the application is accepted, the Authorized Officer has to issue the certificate immediately in prescribed form. 6. Rule 31 provides who can prefer an appeal and before whom. It is relevant in reproduce rule 31 hereunder:- "Appeals (1) Any person aggrieved by an order of rejection of the authorized officer under rule 30, may, at any time before the expiry of 90 days from the date of the order, prefer an appeal to---- (i) Deputy Commissioner, if the order appealed against is passed by Tehsildar and Sub-Divisional Magistrate in their capacity as Authorized officer: (ii) Divisional Commissioner, if the order appealed against is passed by Deputy Commissioner or Additional Deputy Commissioner in their capacity as Authorized Officer, (iii) Director General of Police against the order passed by the DIG. (2) The Appellate Authority referred to in sub-rule (1) shall within 30 days from the date of receipt of the appeal pass such orders on the appeal as it deems fit. (2) The Appellate Authority referred to in sub-rule (1) shall within 30 days from the date of receipt of the appeal pass such orders on the appeal as it deems fit. Provided that no such order shall be made unless a reasonable opportunity of being heard has been afforded to the appellant." 7. A plain reading of the above-quoted rule provides that rejection order passed by Tehsildar - Authorized Officer, is appealable before Deputy Commissioner, if rejection order is passed by Deputy Commissioner or Additional Deputy Commissioner as an Authorized Officer, the appeal will lie to Divisional Commissioner. This Rule is not applicable in the given circumstances of the case because the authorized authority had issued the certificate. 8. Rule 32 of SRO 126 provides that the appellate authority can suo moto or on an application made, call for the record of the proceedings taken or orders so made by an Authorized Officer under these rules for purposes of satisfying himself as to the legality or propriety of such proceedings or orders and may pass such orders in reference thereto as it deems fit. Words "Appellate Authority" and "Authorized Officer" have been used. "Authorized Officer" in terms of Rule 27(supra) is `Tehsildar Chadura" and the Appellate Authority in terms of rule 31 is the Deputy Commissioner. 9. In the instant case Deputy Commissioner, Budgam (appellate authority) could have taken suo moto cognizance or on the application. In the instant case the respondent availed the remedy by filing the revision petition before the appellate authority- Deputy Commissioner. The appellate authority dismissed the said revision petition. SRO 126 nowhere provides that the order passed by appellate authority either in appeal or revision is either appealable or revisable before any higher forum. 10. Viewed thus, the argument of learned counsel for the petitioner is well founded that the Divisional Commissioner or the Additional Commissioner had no jurisdiction or power to take cognizance to entertain and pass orders in the appeal which came to be filed by respondent no. 4. 11. It appears that respondent no. 4 had filed OWP No. 444/2004 which was subsequently withdrawn by him in terms of order dated 21-9-2005. 4. 11. It appears that respondent no. 4 had filed OWP No. 444/2004 which was subsequently withdrawn by him in terms of order dated 21-9-2005. Learned counsel for the respondent no.4 while dealing with the argument of learned counsel for the petitioner submitted that Tehsildar had not followed the procedure as per mandate of SRO 126, the notice which was published in the newspaper was issued by the Naib Tehsildar and not by the Tehsildar, the entire proceedings were drawn by the Naib Tehsildar. This question is not involved in this writ petition. 12. Keeping in view the above discussions, the Additional Commissioner/Divisional Commissioner was not having any power or jurisdiction to hear the appeal. Accordingly this petition is allowed and the entire proceedings drawn by Additional Commissioner in the appeal are hereby quashed. However, it is made clear that respondent no. 4 is at liberty to seek appropriate remedy, Unavailable and advised. Writ petition is accordingly allowed.