IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 21252 of 2006 Between: B.Venkata Ramana S/o.Nagaiah R/o.Bhagampalle, T.Sundupalli Mandal Cuddapah District ..... PETITIONER AND 1 The Superintendent of Post Offices, Cuddapah Postal Division, Cuddapah-516001 2 Sri.T.Venkateswarlu, ED BPM, Bhagampalle branch office A/W.T.Sundupalli Sub office, Cuddapah District .....RESPONDENTS 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 a writ of certiorari or any other appropriate writ order or direction call for the records relating to the impugned order in OA.No.524 of 2003 dated 28.8.2006 on the file of the Hon`ble Central Administrative Tribunal, Hyderabad Bench, Hyderabad and quash the same as illegal, without jurisdiction and consequently direct the 1st respondent to appoint the petitioner as EDBPM of Bhagampalle post office under T. Sundupally SO, Cuddapah District with all consequential benefits. Counsel for the Petitioner:MR.S.LAKSHMA REDDY Counsel for the Respondents.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 21252 of 2006 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) This writ petition is filed seeking to set aside the order, dated 28.8.2006 passed by the Central Administrative Tribunal, Hyderabad in O.A.No.524 of 2003. The petitioner herein is the applicant before the Tribunal. He filed the above O.A. seeking to quash the action of the 1st respondent in appointing the 2nd respondent as EDBPM of Bhagampaly post office under T. Sundupally SO., Cuddapah District and consequently, to direct the 1st respondent to appoint him in the said post with all consequential benefits. It is the case of the applicant that having possessed the certificate in Secondary School Examination to the National Open School Government of India and being the native of Bhangampaly village, he applied for the post of EDBPM of Bhangampaly village. In the interview, 8 candidates appeared and among them, the applicant secured the highest marks in SSC. But however, ignoring the applicant, the 1st respondent intended to appoint the 2nd respondent. On that, the applicant filed O.A.No.901 of 2001, in which the 1st respondent filed a reply affidavit stating that they have sought clarification from the State Government about the equivalency of the SSC examination conducted by the National Open School and they have not yet finalized the selections pending clarification. Basing on the above statement, the said O.A. was disposed of thereby directing the 1st respondent to finalize the selections within two months. Thereafter, the 1st respondent without having any clarification as to the equivalency of the certificate, issued proceedings appointing the 2nd respondent. The tribunal having observed that as per the notification, the educational qualification for the post in question is that the candidate must have passed SSC or equivalent examination in the 1st attempt and that the applicant had earlier tried to qualify in the SSC examination and having not been successful in the same, he made an attempt and qualified the Examination conducted by National Open School and therefore, the selection of the 2nd respondent is valid since the 2nd respondent has effectively proved that he passed the SSC examination in one attempt, dismissed the O.A. Having aggrieved by the same, the present writ petition has been preferred by the petitioner-applicant. Heard the learned Counsel and perused the material available on record. On a perusal of the material available on record and the order impugned, it is apparent that the qualification prescribed for the post in question as per the notification is that the candidate must have passed SSC or equivalent examination in first attempt. The certificate of National Open School, which is enclosed along with his application by the applicant, is the result of his second attempt for the purpose of qualifying in the SSC or an equivalent examination. In this view of the matter, it can easily be inferred that the applicant has not passed SSC in his first attempt. Under these circumstances, We have no hesitation to hold that the observations made by the tribunal as to the fulfillment of the educational qualifications as required in the notification and in respect of the selection of the 2nd respondent, do not warrant any interference by this Court and hence, the writ petition is liable to be dismissed. Accordingly, this writ petition is dismissed. No order as to costs. ________________________ Justice T. Meena Kumari _____________________ Justice G. Chandraiah Date: 12th March, 2008 Nn/Gurc. THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 21252 of 2006 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 12/03/2008