IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 28524 of 2007 Between: 1 The Director General of Police, A.P. Saifabad, Hyderabad. 2 The Inspector General of Police, Warangal Range, Warangal. 3 The Superintendent of Police, Adilabad. ..... PETITIONERS AND M. Shanker S/o. Ilaiah R/9. Dammannapet, Regonda Mandal, Warangal District. .....RESPONDENT 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 appropriate writ order or direction more particularly one in the nature of "Writ of Certiorari" calling for the records relating to and connected with the orders of the A.P. Administrative Tribunal Dt.10-2-2005 in OA No. 3273/2000 and to quash and set aside the same by holding as erroneous and contrary to law. Counsel for the Petitioner:GP FOR SERVICES I Counsel for the Respondent.: MR.S.LAKSHMA REDDY The Court made the following : . THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE G.CHANDRAIAH WRIT PETITION NO :28524 of 2007 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) This writ petition is filed by the petitioners seeking to set aside the order of the tribunal passed in O.A.No:3273 of 2000 on 10.2.2005. The respondent is the applicant and he filed the present O.A seeking to declare the action of the respondents in not selecting and issuing appointment orders to him after sending him to the medical test as per the order of merit on par with others as illegal and consequently, to direct the respondents-petitioners to appoint him as Stipendiary Trainee Cadre Police constables (Civil) with all consequential benefits, on the ground that he has applied to the post of Stipendary trainee Cadet Police Constable pursuant to the notification dated 5.11.1999 issued pursuant to G.O.Ms.No.315, dated 13.10.1999 and he came out successfully in the selection process and stood third in the merit list pertaining to Adilabad District and at that stage, the A.P. Ordinance was issued and published in the Gazettee on 9.12.1999. It is the main grievance of the applicant that as per the judgment of the Apex Court in Civil Appeal No.6758 of 2000, dated 5.11.2004 reported in 2005(a) SCC 394, the said A.P. Ordinance as well as the subsequent legislation 20/2000 were struck down as beyond the legislative competency of the A.P. Legislative Assembly. The tribunal having observed that the notification was issued on the anterior to the date of issue of the ordinance and the ordinance has only prospective effect and it has not been brought into being with retrospective effect to cover pending selection process and that the very act of applying the ordinance to the cases, which already commenced subsequent to the issuance of the notification is highly questionable, allowed the O.A., directing the respondents to appoint the applicant against the post of Stipendary Trainee Cadet Police Constables (Civil), in pursuance of selection, which took place consequent on notification dated 5.11.1999, provided he is medically fit and his antecedents are acceptable in accordance with the rules, within six weeks from the date of receipt of a copy of the order. It was also made clear therein that the order is confined to the case of the applicant only. Having aggrieved by the same, the present writ petition has been filed by the authorities. Heard the learned Government Pleader and perused the material available on record. The order impugned clearly goes to show that the selection process of the applicant is much earlier to the ordinance and therefore, the application of the same to the selection process, which has already been commenced, is not sustainable as rightly observed by the tribunal. Therefore, We do not see any illegality or irregularity in the order impugned. Apart from that, the order impugned is dated 10.2.2005 whereas the present writ petition has been preferred on 29.12.2007. Thus, there is an inordinate delay in preferring the writ petition, for which no explanation is forthcoming. Hence, this writ petition is devoid of merits and consequently, the same is liable to be dismissed. Accordingly, the writ petition is dismissed. No order as to costs. ______________________ Justice T.Meena Kumari ____________________ Justice G.Chandraiah Dated:23.4.2008 Gurc/nn THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE G.CHANDRAIAH WRIT PETITION NO :28524 of 2007 (Division Bench Order delivered by Honourable Smt. Justice T.Meena Kumari) 23/04/2008