HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.1895 of 2005 Date: June 22, 2010 Between: G. Sudhir, S/o. Veerabhadraiah, aged about 28 years, Occ: unemployed, R/o.Flat No.309, Global Enclave, Bhagyanagar Colony, Kukatpally, Hyderabad … Petitioner And The Government of Andhra Pradesh, Represented by its Principal Secretary, Energy Department, A.P. Secretariat, Hyderabad, and another … Respondents Order: This writ petition is filed with the following prayer: “For the reasons stated in the accompanying affidavit, therefore prayed that this Hon’ble Court may be pleased to issue a writ, order or direction more in the nature of a Writ of Mandamus by declaring the action of the 2nd Respondent in filling up the posts of Assistant Engineers beyond the posts notified without following merit and rule of Reservation and further after issuance of subsequent notification for conducting recruitment to the posts of Assistant Engineers and issuing appointment orders to some of the candidates who appeared in response to the earlier notification, as arbitrary, illegal and violative of Article 14, 16 of the Constitution of India and consequentially direct the Respondents to appoint the petitioner to the post of Assistant Engineer (Mechanical) with all consequential benefits and to pass such other order or further orders as the Hon’ble Court may deem fit and proper in the circumstances of the case.” The second respondent-company issued notification dated 06-08-2002 inviting applications from Engineering graduates to fill up the posts of Assistant Engineers in branches of Mechanical, Computers etc. The petitioner, who graduated in Engineering in Mechanical Trade, is one of the aspirants who responded to the aforesaid notification. As per the selection procedure notified, written examination was conducted on 22-12-2002, wherein about 5265 candidates appeared. The petitioner, who was successful in the written examination was called for interview and was interviewed on 29-01- 2003. Including the marks in the interview, he secured 96 marks – 85 marks in written examination and 11 marks in the interview. The petitioner, who belongs to BC-B community, could not come up for selection as the last candidate who was selected in the said community secured 101.7 marks. Subsequently, the Government permitted to fill up 100 more posts of Assistant Engineers including 25 posts in the Mechanical Wing by direct recruitment, by notifying the same as per Rules. Accordingly, notification was issued on 19-11-2004. During the said process, the second respondent-company started construction of new thermal and hydel power stations. In order to complete such construction as per the schedule fixed by the Government, the second respondent-company was permitted by the Government to fill up 25 posts of Assistant Engineers in the Mechanical Wing, apart from other wings, from the existing list drawn pursuant to selections made in the notification dated 06-08- 2002. Thereafter, by following the roster, all the 25 vacancies were filled up. In this writ petition, it is the grievance of the petitioner that though he fared well in the examinations, he was not appointed. It is his case that, by issuing second notification, the candidates who applied and got qualified pursuant to the first notification, i.e. notification dated 06-08- 2002, are appointed, thereby denying appointment to him and other eligible applicants. A detailed counter affidavit is filed by the respondents stating that in the selection process, pursuant to notification dated 06-08-2002, in BC-B community, which the petitioner belongs to, the last candidate who was selected secured 101.7 marks, whereas the petitioner could only secure 96 marks. It is stated that even pursuant to second notification, the last candidate who was selected in BC-B community secured 100 marks. It is further stated that the petitioner did not come up for consideration since there are 11 candidates of BC-B community above him in the order of merit in that community. The allegation of the petitioner is that communal roster was not followed while making selections. However, no details are furnished by him in the affidavit filed in support of the writ petition. Further, it is to be noted that in the selections made pursuant to the first notification, the last candidate who was selected in BC-B community secured 101.7 marks, whereas the petitioner secured only 96 marks. Though subsequently, another notification was issued to fill up vacancies, the petitioner did not respond to the same. During the selection process pursuant to the second notification, the second respondent-company started construction of new thermal and hydel power stations. In order to complete such construction as per the schedule fixed by the Government, the second respondent-company was permitted to fill up 25 posts of Assistant Engineers in the Mechanical Wing, apart from other wings, from the existing list drawn pursuant to selections made in the notification dated 06-08-2002. Thereafter, by following the roster, all the 25 vacancies were filled up. In the counter affidavit, categorical averment has been made to the effect that rule of reservation has been strictly followed while making appointments in respect of all branches of Assistant Engineers and there are no illegal appointments as contended by the petitioner. Hence, it cannot be said that communal roster has not been followed while making selections. Though the petitioner alleges that in spite of his faring well in the examination, he was not selected, but, however, it is to be seen that he secured only 96 marks, whereas the last candidate who was selected pursuant to the first notification in BC-B community secured 101.7 marks. In the counter affidavit, it is stated that even in the selections made pursuant to the second notification, the last candidate who was selected in BC-B community secured 100 marks. In that view of the matter, it cannot be said that the respondents have denied employment to the petitioner, illegally. Further, it is to be noted that though selections were made in the years 2002 and 2004, the candidates who were selected are not made parties to the writ petition. For the foregoing reasons, no relief, as sought, can be granted. The writ petition is accordingly dismissed. No order as to costs. ______________________ (R. SUBHASH REDDY, J) June 22, 2010 MRR