IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT APPEAL NO.363 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 10.12.2007 in W.P.M.P.NO.32012 OF2007 in W.P.NO.24593 OF 2007 on the file of the High Court.) Between: 1 The Chief General Manager Telecom, Bharat Sanchar Nigam Limited, A.P. Circle, Door Sanchar Bhavan, Abids, Hyderabad.500 001. 2 The General Manager, Telecom District, Anantapur, Anantapur District. 3 The Chairman and Managing Director, Bharat Sanchar Nigam Limited, BSNL Bhavan, New Delhi-110 001. ...APPELLANTS AND 1 K. Hussanaiah, S/o. K. Chinna Hussanu, 2 C. Lakshminarayana, S/o. Late C. Erappa, 3 S.A. Kareem, S/o. S. Peeran Sab, 4 S. Vinod Babu, S/o. Late Sri Narayana. ...RESPONDENTS Counsel for the Appellants: MS.P.SARADA Counsel for the Respondents: MR.G.SEENA KUMAR The Court delivered the following: THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT APPEAL NO.363 of 2008 JUDGMENT: (Per the Hon’ble Mr Justice B.Prakash Rao) Heard Ms.P.Sarada, learned Standing Counsel for the appellants and Sri G.Seena Kumar, learned counsel for the respondents. At their request, the Writ Appeal itself is taken up for disposal. This appeal is at the instance of the management, inter alia, seeking to assail the order passed by the learned Single Judge in W.P.M.P.No.32012 of 2007 in W.P.No.24593 of 2007 giving certain directions allowing respondent Nos.1 to 4, the petitioners in the Writ Petition permitting them to appear for the Limited Departmental Competitive Examination to be held on 03.02.2008 or any other subsequent date and consider their claims for promotion along with other eligible candidates to the post of Telecom Technical Assistants. Learned Standing Counsel appearing for the appellants submits that the respondents, who are the writ petitioners, have become eligible for the year 2006 only, whereas the examination for which this Court granted permission is a supplementary one for those candidates, who were eligible candidates for the year 2004 and therefore, the respondents have no locus nor any right to appear. That apart, in respect of the candidates, who became eligible for the year 2006, which include the respondents, proceedings have already been issued in Lr.No.TA/RE/22.10.2006 dated 08.12.2006 for filling up the vacancies taking the vacancy position as on 31.03.2006 with communal roster, fixing the examination on 11.03.2007. The respondents can appear for this later examination but not for the earlier one. However, having regard to the interim directions, which have been assailed in this appeal, the said examination has to be postponed to 03.02.2008. Therefore, the writ petitioners have no justification to seek any such permission to appear in the said examination, to which they are ineligible. Hence, the appeal. Learned counsel for the respondents/writ petitioners sought to sustain the order of the learned Single Judge mainly on the ground that as long as the petitioners are found to be eligible now, they should be allowed to appear for these exams, though supplementary for early year eligible considered. Further, there being no provision under the Rules to conduct any supplementary examination, the very conducting of such examination is wholly unsustainable. Therefore, it should be allowed for all eligible. Since the writ petitioners have become eligible, there is no impediment in allowing them to appear for such examination. Having considered the submissions made and on perusal of the material available on record, we are of the view that admittedly the respondents-writ petitioners have become eligible for the year 2006 was earlier and the examination, which is being conducted for which direction has been given is only supplementary one for those failed candidates, who were found eligible for the earlier year of 2004 and therefore, we do not find any justification for the respondents to seek any such direction for permitting them to appear for the examination. More so, the appellants have already initiated proceedings of conducting examination on 11.03.2007 for such of those eligible in the year 2006. Learned Standing Counsel submitted that such examination has been postponed due to the interim order in those proceedings, and now, a fresh date will be given for such examination where the respondents can appear. Recording the same, we do not find any merits in the submissions made by the writ petitioners and the directions given by the learned Single Judge is wholly unsustainable. The Writ Appeal is accordingly allowed. The order dated 10.12.2007 in W.P.M.P.No.32012 of 2007 in W.P.No.24593 of 2007 is set aside. It is needless to mention that the writ petitioners can appear for the examination for the eligible candidates of the year 2006 as scheduled in the aforesaid proceedings dated 08.12.2006 on the adjourned schedule. No costs. _________________ (B.PRAKASH RAO, J) __________________ (C.Y.SOMAYAJULU, J) 4th April 2008 Note: CC by one week B/O RRB