THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION No :25332 of 2005 DATED:15-02-2011 Between: K.Subba Rao. … PETITIONER And A.P.State Irrigation Department Corporation Limited, Rep.by its Vice-Chairman & Managing Director, Hyderabad & another. ... RESPONDENTS ORDER: The issue arising for consideration in this Writ Petition is covered by the judgment, dated 01-02-2011, of this Court in W.P.No.25331 of 2005. However, learned counsel for the respondents strenuously contended that merely because the rule says that zone of consideration need not be followed, that does not mean that the selection process has to be scuttled under the rules, since the post sought to be filled is a selection post. Further, vide G.O.Ms.No.262, Adhoc Rules were issued which also speak to the same effect. 2. Learned counsel for the petitioner wanted to differentiate between filling up a post under selection process and filling up a post on merit basis i.e. selection and non-selection posts. He says that wherever the vacancy is sought to be filled up by promotion on seniority basis, the question of following zone of consideration, even against the SC and ST candidates, does not arise, whereas, in case of promotion of selection process even against the vacancies to be filled up, the zone of consideration has to be followed by pooling the candidates of SC and ST in the entire seniority list. Wherever there may be one may be at point No.100 another may be at 120 and the third may be at 170. All of them must be pooled together and they must be subjected to selection process and one among them, who is meritorious, to be selected, but there is no rule which prescribes such a procedure to be followed. Except saying that once it is a selection process, even filling up of vacancy against SC, ST category must undergo the same process appears to be not the correct decision as discussed in W.P.No.25331 of 2005. 3. Therefore, by following the said judgment, the impugned order, dated 22-10-2005, is set aside and the 1st respondent is directed to consider the case of the petitioner against 7th roster point belonging to Scheduled Caste community for the panel year, 2005 as Deputy Executive Engineer in place of 2nd respondent and pass appropriate orders within eight weeks from the date of receipt of a copy of this order. However, it is made clear that if any other roster point is available for accommodating the 2nd respondent, he may be considered as per law and his seniority may be decided from the date on which such vacancy had arisen. 4. Writ Petition is disposed of accordingly. There shall be no order as to costs. ________________ C.V.RAMULU,J 15th February, 2011. Tsy