THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.15061 OF 2011 ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India, inter alia, seeking Writ of Mandamus declaring the inaction of the respondent in considering the case of the petitioner for selecting to the post of LDC-cum-Computer Operator in Physically Handicapped Category (OH) and trying to allot the said post to non-local candidate as illegal and arbitrary. 2. The facts in brief are that the respondent issued notification dated 16.12.2010 for recruitment of backlog vacancies. The petitioner, who belongs to ST Community and possessing requisite qualifications, applied for the post of LDC-cum-Computer Operator under PH quota. On receipt of hall ticket for written examination on 23.01.2011, the petitioner appeared for written test. Basing on the written examination, the respondent issued call letter dated 14.02.2011 directing the petitioner to produce original certificates for verification on 28.02.2011. Accordingly, the petitioner produced original certificates on 28.02.2011 and they were verified. The selection lists pertaining to other categories were published but physically handicapped quota list was not published. Then, the petitioner submitted representation dated 26.04.2011 for certain information relating to selection process, for which the respondent replied on 06.05.2011 furnishing information. As per the said information dated 06.05.2011, the petitioner got 43 marks in the written test. Thereafter, the petitioner approached the respondent, who informed orally that they are considering the name of one Mr.Sreenivas veerla, S/o.Nookaraju (Sl.No.3) (non-local), who secured 44 marks. Since the petitioner is the only local eligible ST physically Handicapped candidate, the respondent ought to have issued posting order to him, but the respondent is considering non- local candidate, which is illegal. It is further averred in the Writ Petition that in respect of Karimnagar District, which is also under the respondent’s jurisdiction, a candidate namely Gugulothu Mahesh (HT.No.52422) (ST), though secured 41 marks only and another candidate S.Rambabu (HT.No.51803), though secured 40 marks, they were selected. Only one remaining post of physically handicapped at Warrangal Circle is being allotted to non-local candidate i.e., candidate from Visakhapatnam. Instead of comparing marks of non- local candidates, as done in Karimnagar District, the respondent did not select the petitioner in the Warangal Circle and as such there is clear discrimination in the policy adopted by the respondent. Further, as per Table-III of the notification, 20% of the posts is reserved in favour of open competition shall be in the open category only and not in reserved category and hence, the approach of the respondent is not at all tenable. 3. In the counter affidavit filed by the Chief General Manager of the respondent Company, it is stated that as per the merit obtained by the petitioner vide Hall Ticket No.51275, he was called for to bring the original certificates in Computer Applications/Office Automation (MS Office) offered by the institutions recognized by the Government of A.P., vide Lr.No.CGM (HRD)/JS/GM(IR)/AS(IR)/PO-G/F.No.BLREC- G2/11, dated 15.02.2011. The petitioner applied under PH (OH) category, which was notified under Warangal circle in General category for which local and non-local candidates are equated and competed as per the Presidential Order. It is further submitted that mere calling for certificates for verification does not confer any right to become eligible for appointment to the post of LDC-cum-Computer Operator in respondent company. Further, it is stated that selection would be based on the marks secured in the written test and strictly with reference to the rule of reservation in Vogue and the other conditionalities mentioned in the notification. It is further stated that the petitioner obtained only 43 marks in open PH (OH) list while the other three candidates available in the merit list in the ratio of 1:4 have secured 48, 46 and 44 marks respectively and hence, the petitioner’s candidature could not be considered for the post. Further, the petitioner applied for the vacant post of LDC-cum-Computer Operator against one reserved for PH (OH) category in general in Operation Circle, Warangal, but not for the ST reserved post. It is further contended that the petitioner’s claim that 20% of the reserved posts is applicable only for open competition as per the Presidential Orders and maintainable provisions of the A.P.S.E. Board Service Regulations Part-III, as adopted by APNPDCL, has no essence. 4. In the reply affidavit, the petitioner stated that the vacancy in PH (OH) category notified under Warangal Circle in the ‘General category’ is open for both local and non-local candidates is misconceived and not supported by law. On the contrary, the entire scheme of the Presidential Order and the spirit behind it is to provide preference/reservation in favour of the local candidates. It is stated that the Presidential Order has been promulgated in order to provide equitable opportunities to local candidates in the matter of public employment and as such in the instant case also the single vacancy in PH (OH) category, Warangal circle, has to be filled up only by a local candidate. 5. Learned counsel for the petitioner contended that the post of LDC-cum-Computer Operator with regard to the Physically Handicapped General category is notified and the same cannot be filled with a non-local candidate as it is a single post and that the person, who is appointed in that category, is a non-local candidate. Therefore, the petitioner prays to consider his case. 6. Learned Standing Counsel appearing on behalf of the respondent contended that out of 19 posts notified in Warangal District, 15 vacancies are reserved for local candidates and four vacancies are reserved for non-local candidates, and that, only four vacancies in respect of non-locals have been selected and therefore, the impugned order needs no interference of this Court and consequently, consideration of the petitioner’s case does not arise. 7. The respondent issued notification dated 16.12.2010 calling for applications for various posts for recruitment of backlog vacancies in various districts of Khammam, Karimnagar, Adilabad and Warangal. As far as this case is concerned, the dispute is in respect of post of LDC-cum-Computer Operator in respect of physically Handicapped General category relating to Warangal District. It is not in dispute that one general post of LDC-cum-Computer Operator was notified along with other categories reserved for BCs, SCs, STs, PH (VH) and PH (HH), totalling 19 posts. Out of 19 posts, the notification is clear that 15 posts of LDC are earmarked for the local candidates and four posts are earmarked for non-local candidates. 8. The case of the petitioner is that since it is a single post, it cannot be reserved for non-local candidate. The contention cannot be accepted for the simple reason that the post notified is not a single post and along with this category, various other categories of BCs, SCs, STs, PH (VH) and PH (HH) were notified. So, in respect of total number of vacancies, the reservation in respect of local candidates and non-local candidates has to be segregated. It is specifically notified in the notification. Therefore, by virtue of this notification, the respondent cannot exceed to the selection of non-local candidates in respect of posts for more than four. It is not in dispute before this Court that only 19 persons of various categories have been selected and out of which four belong to non-local category. The recruitment is in accordance with the conditions laid down in the notification. The question of quashing the impugned proceedings and consequently, directing the respondent to consider the petitioner’s case does not arise inasmuch as the selection made by the respondent is completely in accordance with the terms and conditions laid down in the notification. 9. Accordingly, the Writ Petition is dismissed. No costs. _____________ (K.C.BHANU, J) 4th July 2011 RRB