THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.23592 of 2009 ORDER: (per the Hon’ble Sri Justice Vilas V. Afzulpurkar) The respondent in O.A.No.7096 of 2007 seeks to question the order of the A.P.Administrative Tribunal, Hyderabad, allowing the said O.A. by order, dated 19-03-2009. The applicant, who is the respondent herein, appeared for DSC 2006 selections and in the merit list he stood at rank No.8. He contended that the persons holding 6th and 7th ranks are not qualified, but however two O.A.s were filed by the said persons ranked above the respondent herein. O.A.No.4394 of 2006 was filed by rank holder No.6, but the said O.A. was later dismissed as withdrawn on 15-12- 2006. The other person holding rank No.7 also filed another O.A., wherein there was an interim direction to reserve two posts, out of seven, as vacant. The latter O.A. is said to be still pending. However, on account of dismissal of O.A.No.4394 of 2006 the case of rank holder No.6 stood rejected and the respondent being next person in the ranking is entitled to be considered in the said post, which was kept reserved. The Tribunal, after considering the facts and circumstances of the case, allowed the present O.A. and a direction was issued to the petitioners herein to appoint respondent herein to the post of PET in Nizamabad District in pursuance of selections in DSC 2006 in one of the vacancies kept vacant, in view of the order of the Tribunal in O.A.No.4394 of 2006, as per the merit and rank assigned to him in DSC 2006 selections, with all consequential benefits. The said order is questioned by the petitioners herein primarily on the ground that in DSC selections there is no waiting list and as such whether one of the rank holders not joined the said post or held not entitled thereto, the said vacancy cannot be given to the respondent. According to the petitioners, in the event of such vacancy remained unfilled, the only course open is to go for fresh selection and on that ground, they challenged the order of the Tribunal by contending that allowing the respondent to occupy the said vacant seat would amount to deviation of their policy. We have heard the learned Government Pleader. The records would reveal that there is no controversy that the respondent herein is the next in the merit list and out of seven vacancies to be filled, one seat, which was reserved for the applicant in O.A.No.4394 of 2006, remained vacant, as the said O.A. was dismissed as withdrawn. If the said rank holder No.6 is not available to join, seven seats as per the merit list would certainly include the respondent herein. The contention that there is no waiting list permissible in the selections is also not sustainable for the reason that even if a selected candidate does not join, the petitioners cannot go on repeating the exercise going for fresh selection every time. The selected candidates as per merit list should be allowed to join the post. But, for the limited seven vacancies available in the present case and one among first seven failing to get approval of the Tribunal for his candidature, the said seat remained unfilled and the eighth candidate i.e., respondent herein was rightly held entitled to the said post. We, therefore, do not see any error in the order of the Tribunal impugned herein. However, the Tribunal had given a direction to appoint the respondent, which requires some modification, as a direction to appoint cannot be given to the petitioners herein, as the said jurisdiction of the appointing authority has to remain intact. Therefore, while dismissing this writ petition and affirming the order of the Tribunal, we modify the operative portion thereof by directing the petitioners herein to consider the case of the respondent for the vacant post in DSC 2006 for PET Teacher in accordance with the merit list by following the rank assigned to the respondent within a period of four weeks from the date of receipt of a copy of this order. With the above observation, the writ petition is dismissed. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Dated: 03-11-2009 Prv