IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 7536 of 2008 Between: A. Brahmananda Reddy S/o.A.S. Veera Reddy Kurnool District. ..... PETITIONER AND 1 The Deputy Commissioner, Executive Officer, Sri Mahanandeswara Swamy Devastanam, Mahanandhi, Kurnool District. 2 The Commissioner, Endowments Department, Tilak Road, Hyderabad. 3 The Government of A.P., Rep. by its Prl. Secretary, Endowments Department, Secretariat Buildings, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue appropriate writ or order or direction mostly one which is in the nature of writ of Mandamus declaring the action of the Respondent No.1 is not providing the reservation for physically handicapped category in the 3 posts of Attenders to be filled up on regular basis as per notification Rc No. A2/186/2007 dt. 12-4-2007 as illegal, irregular, arbitrary unconstitutional and unsustainable and direct the Respondent to resume one vacancy out of the 3 for the physically handicapped persons and to appoint accordingly and pass Counsel for the Petitioner: MR.P.VEERA REDDY Counsel for the Respondent No.: GP FOR ENDOWMENTS The Court made the following : THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.7536 of 2008 ORDER: The 1st respondent issued a notification dated 12-04-2007, inviting applications for six posts of Attenders, one post of Sweeper, and one post of Scavenger. Out of them, three attenders were to be appointed on regular basis, and the others, on outsourcing basis. One post of attender, to be filled on outsourcing basis; was reserved in favour of physically handicapped candidates. The petitioner submitted an application for the post of attender, under physically handicapped category. He challenges the notification dated 12-04-2007, on the ground that the 1st respondent did not follow the Rule of Reservation, and one post, to be filled on regular basis, ought to have been reserved in favour of physically handicapped candidates. He makes a reference to the proceedings dated 28-01-2007, issued by the office of the 2nd respondent. Heard the learned counsel for the petitioner, learned Standing Counsel for the 1st respondent, and learned Government Pleader for Endowments, for respondents 2 and 3. The 1st respondent submitted proposals on 01-04-2006 to the 2nd respondent to accord sanction, to fill the posts. After verification of the matter, in detail, the 2nd respondent accorded permission to the 1st respondent to fill the three posts of attenders on regular basis, and other posts on outsourcing basis. A direction was issued to follow the roster. On the basis of the said proceedings, the 1st respondent issued the notification, on 12-04-2007. The petitioner submitted an application for the post of attender under the physically handicapped category. The interviews for the said posts, scheduled to take place earlier, were postponed, and it is stated that they have taken place on 25-03-2008. It is not the case of the petitioner that the roster point, stipulated for the vacancies of attenders, proposed to be filled up on regular basis; is not correct. The petitioner can be said to have suffered any grievance, if only the concerned roster points were meant for physically handicapped candidates. Further, the plea of the petitioner, that reservation need not be followed for vacancies proposed to be filled through outsourcing; is equally untenable, at least from his point of view. The reason is that, the reservation in outsourcing, if at all anything, had brought about a beneficial situation for the petitioner, since one post of attender was reserved in favour of the physically handicapped candidates. Viewed from any angle, the relief claimed by the petitioner cannot be granted. The writ petition is accordingly dismissed. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt.08-04-2008. KO To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}