IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 9312 of 2000 Between: 1 The Collector Chairman Selection Committee for MPHA (M) Eluru , W.G.Dist: 534 001. 2 The District Collector Krishna at Machilipatnam. 3 District Medical & Health officer Krishna at Machilipatnam. 4 District Medical & Health Dept Krishna at Machilipatnam. 5 The Director Medical & Health Dept Koti , Hyderabad. 6 The Secretary to Govt of A.P Medical & Health Dept Secretariat , Hyderabad-022. ..... PETITIONER(S) AND 1 P.N.Satyanarayana S/o.Subba Rao Koyyalagudem 2 N.J.S.Dhrmendra S/o.Narsimha Rao Koyyalagudem 3 B.Narayana Murthy S/o.Satyanarayana Lingalaveedhi Penugonda. 4 V.Srinivas S/o. Narsimha Murthy Lingala veedhi Penugonda. 5 V.V.Srinivasa Rao S/o.Achuta Rao R/o.Kovvali ,Eluru W.G.District 6 R.Rambabu S/o.Surya Rao Penugonda , W.G.District 7 S.Peddi Raju S/o.Satyanarayana R/o.Lingala Veedhi , Penugonda W.G.District 8 M.Srinivas Rao S/o.Venkayya Chowdary R/o.Andaluru , Veerevasaram Mandal. 9 T.V.Vara Prasad S/o.Adinarayana R/o.Vadali, Penugonda Mandal. 10 R.Gopala Krishna S/o.Rama Murthy Veeravasaram. 11 M.Sai Kumar S/o.Nagabhushana Rao R/o.Veeravasaram , W.G.District 12 B.Anil Kumar R/o.Veeravasaram. 13 N.Suryanarayana S/o.Eswara Rao R/o.Munamarru. 14 D.Ramesh Babu S/o. Adrusta Rao R/o.Penugonda 15 Y.Hari Babu S/o.Krishna Rao R/o.Srinavasapur Via.Jangareddigudem. 16 M.Sai Babu S/o.Latchanna R/o.Bodapadu Via: Chagraharam. 17 B.T.K.Priyanada Rao S/o.Veeraraghavulu R/o.Yerrampeta Koyyulagudem Mandal. 18 B.A.V.Sudhakar S/o.Satyanarayana Murthy R/o.Koyyalagudem. 19 M.V.Ratnagee S/o.Ramdasu R/o.Koyyalagudem. 20 D.Ralson Raju S/o.Naganna R/o.Buttayagudem. 21 N.S.P.Ganapathi S/o.Surya Rao R/o.Seetharampuram , Rachuru Post , Chebrola Unguturu Mandal. 22 K.Vijaya Rama Rao S/o.K.V.Subba Rao R/o.R.R.Pet , Eluru W.G.District 23 K.V.Ratnagee S/o.Subrahmanyam R/o.Venkataramanigudem , T.P.Gudem, W.G.District. 24 M.Narsimha Raju S/o. Seetharamraju R/o.Koyyalagudem. 25 Ch.Srinivas Rao S/o.Rama Swamy H.No.33-16-4 , Ramanadham Street , Kasturibaipet Vijayawada , Krishna District. 26 P.Bangaru Babu S/o.Subba Rao R/o.Koyyalagudem. .....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 may be pleased to issue a Writ Suit or Proceedings more particularly one in the nature of the Writ of Certiorari calling entire records pertaining to order Dt: 29-06-99 in O.A.No.2706 of 97 and order on the file of the A.P.Administrative Tribunal, Hyderabad and quash the same as illegal, arbitrary, violation of statutory rules, Violation of Principles of Natural Justice apart from violation of articles 14, 16 and 21 of the Constitution of India and pass such order or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: GP FOR SERVICES I Counsel for the Respondent No.: MR.C.YADAGIRI The Court made the following : ORDER: (Per Sri Justice V.Eswaraiah) When the matter has been taken up for hearing on 21.7.2009, none appeared for the respondents and therefore the matter has been directed to be posted today under the caption ‘For Orders’. Even today though the matter is posted under the caption ‘For Orders’, none appears for the respondents and there is no representation on their behalf. Heard the learned Government Pleader for Services-I appearing on behalf of the petitioners. Respondents filed O.A.No.2706 of 1997 before the Andhra Pradesh Administrative Tribunal to declare the action of the petitioners in not taking the cut-off date of 30.11.1996 for the purpose of calculating the vacancies of M.P.H.A. (Male) as was done in the case of M.P.H.A (Female) as arbitrary and illegal and violative of Articles 14 and 16 of the Constitution of India and consequently direct the petitioners herein to fill up the posts of M.P.H.A (Male) by taking all the vacancies that have fallen vacant up to 30.11.1996 and appoint the candidates from the waiting list of the selections made in the year 1995. The said O.A. was disposed of by the Tribunal by order dated 29.6.1999 directing the petitioners to extend the same benefit which was given to the M.P.H.A. (Female) as per the orders of the Government in G.O.Ms.No.418, dated 29.10.1996, as against the vacancies which are now declared as essential and which are open for filling up by direct recruitment if the respondents are selected earlier for appointment to the posts of Multipurpose Health Assistants (Male) in pursuance of the interim orders passed in the said O.A.No.2706 of 1997 and pass appropriate orders within a period of four months from the date of receipt of the said order. It is stated that for non- compliance of the said order, the respondents filed C.A.No.510 of 1999 and the Tribunal by order dated 29.3.2000 issued notices to the petitioners for their appearance before the Tribunal on 19.4.2000. Aggrieved by the order, dated 29.6.1999 in O.A.No.2706 of 1997 and the order, dated 29.3.2000 in C.A.No.510 of 1999, this writ petition has been filed. While admitting the writ petition on 31.8.2000, this Court in W.P.M.P.No.11938 of 2000 granted stay of all further proceedings pursuant to the orders in C.A.No.510 of 1999 in O.A.No.2706 of 1997. It is stated that the said orders of the Tribunal have not been implemented. The case of the petitioners is that the Government in G.O.Ms.No.455, dated 8.9.1994, issued guidelines for the recruitment of posts of M.P.H.As (Male) and as per the guidelines the vacancies up to the end of September, 1995 have been assessed as 72 vacancies, out of which 12 vacancies were reserved for S.Ts., but none of the S.T. candidates appeared for written test and therefore the said 12 vacancies have not been filled up and the balance 60 vacancies were filled up with the candidates from the selection list after observing the communal rotation and appointment orders were issued basing on the merit list prepared by the District Selection Committee vide proceedings dated 8.9.1995 of the District Medical and Health Officer, Eluru. It is stated that during the period of recruitment 5 more vacancies including 1 S.T arose due to retirements and death up to the end of September, 1995 and 4 vacancies excluding the vacancy of S.T. were filled up as per merit from the candidates selected by the District Selection Committee and duly observing the communal rotation and appointment orders were issued vide proceedings dated 27.2.1996 of the District Medical and Health Officer, Eluru and all the 4 candidates appointed have also joined duty, but the S.T vacancy could not be filled up for want of qualified S.T. candidate. It is also stated that the total vacancies arose by the end of September, 1995 were 77 i.e., 72 + 5, but out of which 13 vacancies could not be filled up as no S.T. candidate appeared for the written test and the balance 64 vacancies were filled up by the candidates selected by the District Selection Committee. It is stated that the respondents have not come up for selection in respect of the notified vacancies, but, however, their names were shown in the waiting list, It is the case of the respondents that in similar circumstances the female candidates were considered for appointment though their names were in the waiting list even after filling up of all the vacancies. Now the learned Government Pleader appearing for the petitioners submits that the Government issued orders in G.O.Ms.No.418, dated 29.10.1996, as there was requirement to fill up MPHA (Female) candidates, but in the instant case except the vacancies earmarked for S.T candidates, no other vacancies were available and therefore the Tribunal committed an error in relying on the orders of the Government extending certain benefits in favour of the female candidates. Having regard to the facts and circumstances of the case, we are of the opinion that the appointment of candidates from the waiting list of the selections made in the year 1995 were completed and several recruitments have been taken place thereafter. Hence, the waiting list cannot subsist as it has been lapsed long back. Therefore, we set aside the orders of the Tribunal in O.A.No.2706 of 1997, dated 29.6.1999. The writ petition is accordingly allowed. No order as to costs. ________________ V.ESWARAIAH, J. _____________________ P.SWAROOP REDDY, J. 28.7.2009 kpr