THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.30571 of 2010 ORDER: The petitioner joined the service of the APSRTC, as Conductor. The Corporation conducted a written test on 07.07.1997, exclusively for in-service candidates, for promotion to the post of Junior Assistant. The candidates, who possess undergraduate degree recognized by a University, are eligible to appear in the examination. The circulars issued by the Corporation provided that the candidates who passed the degree examination on compartmental would be considered, after exhausting those who passed the examination in one attempt. The petitioner was not selected, on the ground that he did not pass the degree examination in one attempt. The petitioner challenges the action of the respondents in not considering his case for appointment as Junior Assistant. He contends that once he has fulfilled the requisite qualification, the respondents ought to have taken the performance in the examination, or marks secured in the degree, without making any differentiation as to the manner in which the candidate appeared in the examination. Heard Sri A.K. Jaya Prakash Rao, learned counsel for the petitioner, and Sri Sridhar Reddy Pottigari, learned Standing Counsel for the respondents. The petitioner no doubt obtained a degree certificate from Kakatiya University. However, a perusal of the memorandum of the marks filed by him discloses that he did not pass the examination in one attempt. Some papers he cleared in the annual examination and others in the supplementary. In circular, dated 16.05.1997, the Corporation prescribed the guidelines for appointment to various posts. It is mentioned that the marks secured by a candidate in the concerned qualifying examination would be weighed down to 50%, subject to condition that the candidate, who passed the examination in compartmental basis, shall be given the lowest preference, after all the candidates, who passed the examination on regular basis. If these parameters are applied, the petitioner deserves consideration, only after the candidates, who passed degree examination in one attempt, are exhausted. It is not the case of the petitioner that any candidate, who passed the degree examination in compartmental basis and who secured less number of marks than him, was selected. Further he did not challenge the circular referred to above. Hence, it cannot be said that the respondents committed any illegality in not selecting the petitioner for appointment to the post of Junior Assistant. At any rate, the Writ Petition is hopelessly barred by latches. The cause of action for the petitioner arose in 1997 and the writ petition is filed in the year 2010. Therefore, the Writ Petition is dismissed. There shall be no order as costs. _____________________ L. NARASIMHA REDDY, J. Dt.14.12.2010. GJ