THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO. 27843 OF 2009 Date of disposal: 4.2.2010 Between: Penumudi Kiran Kumar …Petitioner and The Joint Director of Agriculture and others …Respondents. THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO. 27843 OF 2009 ORDER: (Per Hon’ble Sri Justice V. Eswaraiah) 1. The petitioner is the applicant in OA No. 6750 of 2009 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad which was filed seeking to declare the action of the respondents in not filling up 51 posts of Agricultural Extension Officers, Grade-II in Krishna District as per notification dated 7.2.2009 bearing No. A2/2529/2008 and leaving 19 posts unfilled without providing any cut off marks or ranks in the notification and thereby in not selecting the petitioner for the said post as illegal, arbitrary and direct the respondents to fill up the remaining 19 posts also by considering the case of the petitioner. The said OA was dismissed, aggrieved by the same the present writ petition is filed. 2. We have heard the learned counsel for petitioner as well as learned Government Pleader for Services-I appearing for the respondents. 3. District Collector, Krishna District-cum-Chairman, Selection Committee-2nd respondent had issued a notification on 7.2.2009 calling for applications for appointment to 51 posts of Agricultural Extension Officer, Grade-II. Out of 51 vacancies, 20 posts were earmarked for B.Sc. (Agricultural) candidates, 5 posts for B.Sc. Dry land Agriculture (Vocational) candidates and 26 posts for Diploma in Agriculture Polytechnic candidates. The petitioner had applied for the said post. It is stated that out of 51 vacancies, 17 vacancies were left over because of non-availability of qualified/competent candidates. The petitioner was also not selected for the said post. He filed the above OA in June, 2009 and during the pendency of the said OA, another notification dated 19.9.2009 was issued to full up 28 posts of Agricultural Extension Officers, Grade-II including the left over posts of 17 from the first notification dated 7.2.2009. It is stated that the petitioner also filed an application for appointment to the said post pursuant to the second notification dated 19.9.2009 and he had filed an application vide MA No. 3739 of 2009 before the Tribunal stating that in spite of the pendency of the OA, the respondents had issued a fresh notification dated 19.9.2009 including the left over posts of 17 from the first notification dated 7.2.2009, giving a different criteria and age limit and therefore he sought for a direction to the respondents to keep one post of Agricultural Extension Officer, Grade-II unfilled in terms of the notification dated 19.9.2009, pending disposal of the main OA. The said OA itself was dismissed by the order impugned in this writ petition on the ground that the petitioner who was a Diploma in Agriculture Polytechnic belongs to schedule caste community and in the merit list, the petitioner secured 63.01 marks and stood at Sl.No. 105, whereas the last selected SC candidate secured 71.75 marks and stood at Sl.No. 44 and therefore the petitioner was not considered for appointment in the SC category. The Tribunal also held that as far as 19 vacancies being unfilled are concerned, they belonged to different reserved categories like ST Backlog, OC (PH & VH), OC (W), BC (D) (W) and BC (E) (W) etc. and therefore the said reserved category posts were kept vacant and those posts were sought to be filled up by issuing a fresh notification in view of the fact that no candidate was being available for the said vacancies. The petitioner did not question the second notification dated 19.9.2009. 4. Counter has been filed stating that the selection process pursuant to the second notification dated 19.9.2009 was also completed by 30.12.2009 duly following the rule of reservation and the appointment orders were issued to the selected candidates by proceedings dated 1.1.2010 by the Joint Director of Agriculture, Krishna, Machilipatnam. It is stated that eight posts were again left over which are sought to be filled up in accordance with rules. 5. We are of the opinion that the notification dated 7.2.2009 is not in operation as second notification was issued on 19.9.2009 to fill up the vacancies including the vacancies which were left over from the first notification dated 7.2.2009. The relief asked for by the petitioner in the main OA in respect of the first notification dated 7.2.2009 gets eclipsed. The petitioner has neither sought to challenge the second notification dated 19.9.2009 in the OA when it was pending before the Tribunal by way of amendment nor filed any fresh OA challenging the said notification. The application filed in the OA vide MA No. 3739 of 2009 was beyond the scope of the relief claimed in the main OA. In the absence of any challenge to the second notification, the Tribunal has rightly rejected the MA and dismissed the main OA. 6. In view of the aforesaid facts and circumstances, we are not going to deal with the legal contentions with regard to manner and method of recruitment of left over vacancies. Accordingly we dismiss the writ petition, as we do not see any error committed by the Tribunal. However, it is open for the petitioner to seek appropriate remedy that may be available to him in law with respect to left over vacancies from notification dated 19.9.2009 by approaching the Tribunal. No costs. _______________________ JUSTICE V. ESWARAIAH ________________________________ JUSTICE VILAS V. AFZULPURKAR Dt. 4.2.2010 NB: CC of order be furnished in one week. /BO/ KR