IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 23385 of 2008 Between: Md.Raja Khan S/o.Mohmood Khan R/o.18-34, Shanti Nagar, Miryalaguda, Nalgonda District. ..... PETITIONER AND 1 The District Medical & Health Officer, Nizamabad, Nizamabad District. 2 The District Collector/Chairman, Para Medical Recruitment Committee, Nizamabad, Nizamabad District. 3 The Director, Medical & Health Services, Koti, Hyderabad. 4 The Government of Andhra Pradesh, rep. by its Principal Secretary, Medical and Health Department, Secretariat, Hyderabad. .....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 to issue a Writ, order or direction more particularly one in the nature of Writ of Certiorari calling for the records relating to the selection to the posts of MPHA (M) in reference to the Notification No.Rc.No.OS(E)/2003, dt. 25.7.2003 and consequently this Hon'ble Court may pleased to set aside the orders on the file of the A.P. Administrative Tribunal in O.A.No.5475/2003, dt. 21.4.2008 by holding that the petitioner is entitled for appointment to the post of MPHA (M) on contract basis with all consequential benefits and may pass such order or orders. Counsel for the Petitioner:MR.M.R.TAGORE Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed seeking a direction in the nature of writ of Certiorari calling for the records relating to the selection to the post of Multi Purpose Health Assistant (Male) (MPHA (M)) with reference to the notification dated 25.7.2003 and consequently set aside the orders dated 21.4.2008 passed in O.A.No. 5475/2003 on the file of A.P.Administrative Tribunal, Hyderabad. Petitioner herein is the applicant in O.A.No. 5475 of 2003, which was filed under Section 19 of the Administrative Tribunals Act, 1985, seeking to call for the records pertaining to the selection of MPHA (M) in pursuance of the notification No. /OS(E) 2003, dated 25.7.2003 issued by the first respondent and to declare the same as illegal and consequently direct the respondents to appoint him as MPHA (M) in Nizamabad District as per merit. The petitioner is a local candidate of Nalgonda District. He applied for the post of Multi Purpose Health Assistant (Male) in the District of Nizamabad as a non local candidate in pursuance of the notification Rc.No. /OS (E)/2003 dated 25.7.2003. In the said notification, 61 posts of Multi Purpose Health Assistants (Male) were notified with basic intermediate qualification and Diploma in Multi Purpose Health Assistant (Male) Training Course. The case of the petitioner is that the first respondent received 31 applications in all, out of which four applications belong to non-local candidates. Further as per the process of selection, 45 marks will be awarded for intermediate marks, 45 marks for Diploma qualification and the remaining (10) marks will be awarded or weightage carrying one mark for each waiting year after passing Diploma. It is stated that he appeared for the interview and counseling conducted on 2.8.2003 and that he secured 24.7% marks for intermediate, 23.4% for Diploma and 6 marks as weightage marks, and therefore, he secured a total of 54.1% and was placed at Sl. No. 11 in the merit list prepared by the Selection Committee. While so, the first respondent prepared a selection list of Multi Purpose Health Assistants (Male) on 3.8.2003 and selected only 9 candidates for the notified vacancies of 61 ignoring the cases of many eligible candidates, including the petitioner. He stated that even out of 9 selected candidates, one Venkataiah, who is also a non- local candidate and who secured 48 marks stood at Sl.No. 30 in the merit list, got appointment. It is stated that as per the Presidential Order, 20% of the posts notified, i.e., 20% of (61) in this case, are earmarked for non local candidates, and therefore (12) vacancies are earmarked for non- local candidates, for which both local and non local candidates are eligible, based on their merit. The remaining 49 vacancies have to be filled up exclusively with local candidates following the rule of reservation/roaster. The posts available for Open Category (non local+ local) would be only 9 and not 12, as contended by the applicant. Hence, the Tribunal declined to pass any order. The learned counsel for the petitioner contended that even though 61 vacancies were notified under the notification Rc. No. OS(E)/2003, dt. 25.7.2003, the authorities have selected 9 candidates only, ignoring the cases of many eligible candidates, including the petitioner. He further stated that even as per the Presidential Order, 20% of the notified vacancies have to be earmarked for non-local candidates and on that ground also, the petitioner ought to have been selected. He, therefore, states that the writ petition deserves to be allowed by setting aside the impugned order of the Tribunal. On the other hand, in the counter filed by the respondents it is stated that 16 out of the 61 posts notified pertaining to backlog meant for local candidates only. Therefore, only 45 vacancies would be available for being filled up in respect of current vacancies, duly observing the ratio of 20% for local and non-local candidates, and 80% for local candidates only. It is a settled proposition of law that mere selection in the select list, does not confer any right to seek appointment, and it is for the appointing authority to issue appointment order keeping in view the availability of vacancies. Merely because his name is found in the select list that by itself does not confer any right to seek mandamus to issue order. It is ultimately the appointing authority who fill up the vacancies and apart from that they have also followed the guidelines issued in G.O.Ms.No. 124 G.A. (SPF-A) Department, dated 7.7.2002. Therefore, we do not find any infirmity in the order impugned. Accordingly, the Writ Petition is dismissed. No order as to costs. _____________________________ GHULAM MOHAMMED ,J ___________________________ G.BHAVANI PRASAD, J Dt. 29.10.2008 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Medical & Health Officer, Nizamabad, Nizamabad District. 2 The District Collector/Chairman, Para Medical Recruitment Committee, Nizamabad, Nizamabad District. 3 The Director, Medical & Health Services, Koti, Hyderabad. 4 The Government of Andhra Pradesh, rep. by its Principal Secretary, Medical and Health Department, Secretariat, Hyderabad. 3. CC to G.P. for Services-I, High Court of A.P. Hyderabad. 2. 2CD copies