IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 13076 of 1999 Between: 1.A.Madhusudhan Reddy, S/o. Narayana Reddy, C/o. D.No. 50-204, Narpur Colony, Post.CCC, Mancherial 5-4 302. 2.Y.Laxminarayana, S/o. Mallaiah, C/o. D.No. 50-204, Narpur Colony, Post.CCC, Mancherial 5-4 302. 3.Godari Shankaraiah, S/o. Rajam, C/o. D.No. 50-204, Narpur Colony, Post.CCC, Mancherial 5-4 302. ..... PETITIONERS AND 1 The Singareni collieries Co.Ltd., Rep. Managing director, Kothagudem, Khammam. 2 The General Manager, Srirampur (Projects) Area, Singareni Collieries Co.Ltd., Srirampur, Adilabad. 3 Uskamalla Narsaiah, SRP(P) Area, Srirampur, Adilabad. 4 Marapalli Rajaiah, SRP(P) Area, Srirampur, Adilabad. 5 S.Ramulu, SRP(P) Area, Srirampur, Adilabad. .....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 direction or Writ particularly one in the nature of Writ of Mandamus declaring the selection of Respondents 3 to 5 declaring the selection process for promotion to the post conducted by the 2nd respondent is in violation of the Rules and Notification dated 19/03/1999 and set aside the selection list selecting the respondents 3 to 5 and promote the petitioners herein as Trammers Munshies on the basis of the written test and the interview and grant such other relief or relief as this Hon'ble court may deem fit or proper in the circumstances of the case. Counsel for the Petitioners: MR.G.VIDYASAGAR Counsel for the Respondent Nos.1 to 4: MR.K.SRINIVASA MURTHY The Court made the following : ORDER This writ petition has been filed seeking a Mandamus to declare the selection process for promotion conducted by the 2nd respondent is in violation of the Rules and Notification dated 19.3.1999 and set aside the selection list promoting the petitioners as Trammers Munshies on the basis of the written test and interview and pass all other consequential benefits. It appears that the candidature of the petitioners, in pursuance of a notification dated 19.3.1999, was considered for promotion to the post of Trammers Munshies along with others. Now, it is their grievance that the respondents 3 to 5 were promoted whereas, they were not promoted. According to them, respondents 3 to 5 even did not qualify in the very selection process, hence, the same needs to be set aside. A detailed counter-affidavit has been filed by the respondents. It is stated that the procedure as required under law has been followed in strict sense. The petitioners have appeared for the test and though they got qualified, since they are juniors to the respondents, they could not come up for selection. The selections are based on seniority-cum-merit and in view of the fact that the petitioners are juniors, they could not be appointed. Further, the allegation that the respondents 3 to 5 did not write examination is not correct. Respondents 3 to 5 appeared for the examination, got more marks, and qualified, therefore, they were promoted. In view of the above averments of the counter affidavit, and also in view of the fact that the petitioners have subjected themselves to the selection process, they ought not to have challenged the very selection process itself. Therefore, the writ petition is devoid of merits and is liable to be dismissed. The writ petition is, accordingly, dismissed. ___________ 28-03-2008 rkk ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Singareni collieries Co.Ltd., Rep. Managing director, Kothagudem, Khammam. 2 The General Manager, Srirampur (Projects) Area, Singareni Collieries Co.Ltd., Srirampur, Adilabad. 3 Uskamalla Narsaiah, SRP(P) Area, Srirampur, Adilabad. 4 Marapalli Rajaiah, SRP(P) Area, Srirampur, Adilabad. 5 S.Ramulu, SRP(P) Area, Srirampur, Adilabad. 6..2CD copies