THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 25331 of 2005 O R D E R: This writ petition is filed seeking a Mandamus to declare the proceedings dated 22.10.2005 promoting 2nd respondent as Deputy Executive Engineer and quash the same as arbitrary and illegal; consequently, to direct 1st respondent to consider the case of the petitioner and to promote him to the post of Deputy Executive Engineer against S.T. vacancy of Deputy Executive Engineer. It appears, the controversy involved is very narrow. Petitioner is working as Assistant Executive Engineer and he belongs to S.T. community. While that being so, under the impugned order dated 22.10.2005, 2nd respondent, who is also an S.T. was promoted. According to the petitioner, while implementing the reservation in promotion of SCs and STs as per Article 16(4)(a) of the Constitution of India, vide G.O.Ms.No.5 dated 14.2.2003 and G.O.Ms.No.21 dated 18.2.2003, the Government of Andhra Pradesh have issued instructions to say that in so far as S.T. and S.C. candidates are concerned, the question of zone of consideration does not arise. In this case, admittedly all other persons were promoted in usual course and when it came to filling up 8th roster point against S.T. vacancy, respondent No.1 has followed the system of zone of consideration by pooling three candidates at Serial Nos. 22, 32 and 38 and promoting the person at Sl.No.32 on the ground that he is meritorious than the other two. According to petitioner, such zone of consideration of the best candidate among the three does not arise in so far as filling up the posts against SC or ST vacancies are concerned. In this regard, learned counsel for the petitioner relied upon G.O.Ms.No.21 dated 18.3.2003. Paras (g) and (h) of the said G.O. read as under: “g) The zone of consideration as laid down in rule 6 of A.P. State and Subordinate Service Rules, 1996 in respect of Scheduled Castes and Scheduled Tribes shall not be applicable to fill up the roster points meant for Scheduled Caste and Scheduled Tribe employees. h) While preparing the panels of eligible candidates for promotion, the names of eligible Scheduled Castes and Scheduled Tribe employees from the feeder category have to be shown against the roster points earmarked for them irrespective of their seniority position in the feeder category. However, if an Scheduled Caste and Scheduled Tribe employees gets a higher place in the eligible candidates list by virtue of his seniority in the feeder category he need not be adjusted in a lower position which is earmarked for an Scheduled Castes and Scheduled Tribe employees as per the roster system. Such roster point has to be filled up by moving up an Scheduled Caste and Scheduled Tribe employees who is below in the seniority list in the feeder category. Filling up the roster points shall continue till the required percentage of Schedule Caste and Scheduled Tribe candidates is obtained. Once the required percentage is obtained by taking into account both the Scheduled Caste and Scheduled Tribe candidates who are found in the list of candidates fit for promotion on account of their seniority in the feeder category and those who are moved up to fill up the required roster point, further adjustment of Scheduled Caste and Scheduled Tribe employees against roster points has to be stopped. Unutilized roster points after the required Scheduled Caste and Scheduled Tribe percentage is met shall lapse. If required number of Scheduled Caste and Scheduled Tribe employees are not available in the feeder category to obtain the required representation in the promotion category, the vacancies earmarked for Scheduled Caste and Scheduled Tribe employees according to the roster points will be carried forward”. Further, the illustration given in Case I of the Annexure reads as under: “Case I: Illustrates a situation where there are no Scheduled Caste employees in the first ten positions in the seniority list in the feeder category. As the posts to be filled up in the promotion category are ten there will be two roster points at Sl.No.2&7 to be filled up by Scheduled Caste employees. In this case Scheduled Caste employees are available at S.No.22 & 28. As shown in the list Sl.No.22 will be shown against Sl.No.2 and Sl.No.28 will be shown at S.No.7 in the promotion panel”. A combined reading of the abovementioned portion of G.O.Ms.No.21 dated 18.3.2003 and the Illustration of Case I given in the Annexure would indicate that the question of following zone of consideration for filling up roster point in promotion under Article 16(4) (a) of the Constitution of India against SC and ST vacancies does not arise. Even the 1st proviso to Rule 6 of the State and Subordinate Service Rules, 1996, (Inserted by G.O.Ms.No.123, G.A.(Ser-D) Department dated 19.4.2003), also contemplates to this effect, which reads as under: “Provided that for promotion in respects of Scheduled Caste and Scheduled Tribe candidates only, the Zone of consideration in the ratio of 1:3, shall not be applicable in respect of posts whose total cadre strength is more than five”. From the above, it is clear that the zone of consideration for filling up of SC and ST vacancies does not arise. In this case, admittedly petitioner was at Sl.No.22. Therefore, he should have been considered as a first candidate eligible for being promoted under Article 16(4)(a) of the Constitution of India against 8th roster point belonging to Schedule Tribe. Instead of doing that, respondent No.1 has pooled the candidates at Sl.Nos. 22, 32 and 38 and decided their eligibility on merits as that of general candidates and promoted 2nd respondent, which is arbitrary and illegal. Under those circumstances, the impugned order dated 22.10.2005 is set aside and respondent No.1 is directed to consider the case of the petitioner against 8th roster point belonging to Schedule Tribe community for the panel year 2005 as Deputy Executive Engineer in place of 2nd respondent and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this Order. However, it is made clear that if any other roster point is available for accommodating 2nd respondent, he may be considered as per law and his seniority may be decided from the date on which such vacancy had arisen. The writ petition is disposed of accordingly. No order as to costs. JUSTICE C.V. RAMULU. Date: 01-02-2011. MVB.