IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 24979 of 1999 Between: M.Prabhakar, S/o. M.Venkata Subbaiah, R/o. Kasthurivari Pally Village, Nakkalapalli Post Via C.K.N.Pet, Cuddapah Dist. - 516128. ..... PETITIONER AND 1 The A.P.S.R.T.C., Reptd by it's Chairman and Managing Director, Musherabad , Hyderabad. 2 The A.P.S.R.T.C., Reptd by it's Regional Manager, Cuddapah Region, Cuddapah. 3 The A.P.S.R.T.C., Reptd. by it's Depot Manager Cuddapah Region, Cuddapah. .....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 an order or direction or writ particularly one in the nature of Writ of Mandamus declaring the action of the respondent by selecting and appointing the candidates by giving weightage marks on I.T.I. qualification as per the Circulars, dt.1/5/99 and Circular, dt.26.6.99 is wholly illegal, arbitrary unjust and contrary to law and also discriminatory in not appointing the petitioner who has qualiﬁed and eligible as per earlier circulars irrespective of by giving weight age of marks on I.T.I course and also violative of art.14 ,16 & 21 of the Constitution of India and consequently direct the respondents to consider the case of the petitioner for the post of cleaner as per earlier circulars issued and as per earlier court order irrespective of by selecting and appointing the candidates as per circulars dt.1.5.99 & 26-6-99 and pass such other order or orders as the Hon'ble Court may deems ﬁt and proper in the circumstances of the case. Counsel for the Petitioner :MS.B.MALLESWARI (Not Present) Counsel for the Respondents: SMT.W.V.S.RAJESWARI The Court made the following : ORDER: There is no representation for the petitioner. Heard the learned Standing Counsel appearing for the respondents and perused the material on record. In this case, the petitioner seeks directions by way of mandamus to declare the action of the respondents in not selecting and appointing him for the post of Cleaner in the Andhra Pradesh State Road Transport Corporation (for short, ‘the Corporation’) as arbitrary and illegal. In the aﬃdavit ﬁled in support of the writ petition, it is averred that the petitioner had passed Intermediate Course in the year 1992 and also completed ITI Course and had undergone Apprenticeship Training as Coach Builder for a period of one year in the Corporation. The Corporation issued Circular P.D No. 112/87, dated 05-10-1987 for ﬁlling up the existing vacancies of Cleaners with qualiﬁed ITI Candidates. It is the grievance of the petitioner that though he is qualiﬁed and eligible to the appointed as a Cleaner, he has not been given appointment. Aggrieved by the same, he approached this Court by way of ﬁling Writ Petition No. 18018 of 1998 which was disposed of by order dated 01-07-1998 directing the respondents to consider his case as per seniority to the post of Cleaner, but so far his case has not been considered though juniors to him have been given appointments. Hence the writ petition. The petitioner claims that he should be appointed as a Cleaner as per Circular bearing P.D No. 112/87, dated 05-10-1987. It is also stated that in spite of directions issued by this Court in Writ Petition No. 18018 of 1998 dated 01-07-1998, his case has not been considered. In the counter aﬃdavit ﬁled on behalf of the respondents, it is stated that Circular dated 05-10-1987 was superceded by Circular bearing No. PD 27/97, dated 17-04-1997 insofar as I.I.T candidates are concerned. It is categorically stated that out of the total vacancies of cleaners, 50% are to be ﬁlled by direct recruitment from among the ITI candidates who have undergone apprentice training in the Corporation and as well as ITI candidates trained in other establishments, 30% of the posts are earmarked for the children of the employees who died in harness, 10% are reserved for the medically unﬁt drivers and the balance 10% vacancies are meant for in-service candidates of Class-IV category. The relevant portion of Circular dated 17-04-1997 reads as under: “Now it is decided to revise the procedure of Selection for direct recruitment of cleaners from among the ITI Apprentices who have undergone and completed training in APSRTC, where such lists of candidates available with the principals of the then Regional Staﬀ Training Colleges and the present Zonal Staﬀ Training Colleges following the guidelines of the Supreme Court rendered in UPSRTC Vs./ Parivahana Nigam reported in 1995 SCC page 1. In supersession of Circulars 112/87 and 30/88 the following guidelines are issued for selection of ITI Apprentices who have undergone and completed the training in APSRTC. a) The candidate should be selected strictly according to the year-wise seniority of Apprentices in APSRTC. b) The Selections should be based on the marks secured by the candidate in ITI and the Selection will be made duly following the Rule of Reservation.” In the counter aﬃdavit, it is also stated that though the petitioner has secured 73.08 marks and his case was considered along with the other candidates, he was not selected as the marks secured by him are less than those secured by the last selected candidate who secured 73.86 marks. Inasmuch as the case of the petitioner was considered pursuant to the directions issued by this Court in Writ Petition No.18018 of 1998 and since it is stated that the petitioner was not selected having regard to the marks secured by him in the selections, I do not ﬁnd any illegality for grant of directions as prayed for by the petitioner. The writ petition is devoid of any merit and accordingly, the same is dismissed. No order as to costs. R.SUBHASH REDDY, J Dated: 11-09-2008 ks ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Chairman and Managing Director, Musherabad , APSRTC, Hyderabad. 2 Regional Manager, APSRTC, Cuddapah Region, Cuddapah. 3 The Depot Manager, APSRTC, Cuddapah Region, Cuddapah. 4 2CD copies