THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.133 of 2004 ORDER: Respondent Nos.1 and 2 initiated steps in the year 2000 to fill seven posts of Attenders for their unit at Thermal Station, Paloncha. The posts were earmarked only for Scheduled Tribes, since the unit was in the scheduled area. This was based upon a notification issued in G.O.Ms.No.50 Social Welfare (V) Department, dated 05.03.1987, which is to the effect that the posts of Attenders arising in the scheduled areas shall be filled only by the members of the Local Scheduled Tribes. The petitioner, respondent Nos.3 and 4 and others were considered. The petitioner was not selected, whereas respondent Nos.3 and 4 were selected and appointed. The petitioner challenges the appointment of respondent Nos.3 and 4 on the ground that they did not fit into the description of Local Scheduled Tribes. Reliance is placed upon the definition of “Local Scheduled Tribes”, as mentioned in G.O.Ms.No.3 Social Welfare (T.W.EDN.II) Department, dated 10.01.2000. Respondent Nos.1 and 2 on the one hand, and respondent Nos.3 and 4 on the other, filed separate counter-affidavits. According to respondent Nos.1 and 2, respondent Nos.3 and 4 belong to Scheduled Tribes and they fit into the description of Local Scheduled Tribe candidates. An objection is raised as to the maintainability of the writ petition, since it is filed nearly four years after the appointments were made. Heard Sri P.V.Ramana, learned counsel for the petitioner, Sri C.Raghu, learned Standing Counsel for respondent Nos.1 and 2 and Sri Chandraiah Sunkara, learned counsel for respondent Nos.3 and 4. The Governor of Andhra Pradesh passed orders in exercise of powers under sub-paragraph (1) of Paragraph 5 of V Schedule to the Constitution of India conferring certain benefits upon the Scheduled Tribes in the State of Andhra Pradesh. G.O.Ms.No.50, dated 05.03.1987, is one such. The posts of Attenders that arise in public establishments in the scheduled areas are required to be filled by selecting the Local Scheduled Tribe candidates. The expression “Local Scheduled Tribes” was explained in G.O.Ms.No.3, dated 10.01.2000, as meaning the Scheduled Tribe candidates by themselves or their parents who have been continuously residing in the scheduled areas of the District in which they are residents, since 30.01.1950. According to the petitioner, respondent Nos.3 and 4 are in fact the residents of non- scheduled areas of the same District. This is disputed by respondent Nos. 3 and 4 by stating that their parents were natives of the scheduled areas. These disputed questions of fact cannot be adjudicated in a writ petition. Another strong reason, which convinces this Court to reject the writ petition, is that it is filed four years after respondent Nos.3 and 4 were appointed. If the petitioner has any objection as to the candidature of respondent Nos.3 and 4, he has to raise the same at the threshold itself. The appointment of respondent Nos.3 and 4 cannot be interfered with at this stage. The writ petition is accordingly dismissed. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY,J Dt: 11.11.2010. kdl