HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No. 32474 of 2010 ORDER: Seeking for issuance of a Writ of Mandamus directing the respondents to appoint the petitioner in the B.C.-C quota as Contract Junior Lineman in the respondent-organisation, the petitioner filed the present writ petition. The brief facts that are necessary for disposal of the present petition may be stated as follows: The petitioner has studied 10th Class in Government Project High School, Srisailam Dam West and after completion of the same, he joined in the vacation course of Rural Engineering Technician. In the year 2006, the petitioner applied for the post of Junior Lineman in the respondent- Company on contract basis. But, the petitioner did not receive any call letter. Then, he filed writ petition No. 11134 of 2007 before this Court. Through order dated 30.5.2007, this Court granted interim direction permitting the petitioner to appear for the interview and written test subject to the petitioner fulfilling the following conditions: 1) The petitioner shall satisfy the eligibility criteria contained in the employment notification. 2) The selection of the petitioner, if any, made shall be subject to further orders in the writ petition and the WPMP. In pursuance of the aforesaid interim direction granted by this Court, the petitioner was issued a call letter on 31.5.2007 calling upon him to appear for the interview on 6.6.2007. However, the petitioner was not appointed as Junior Lineman on the ground that he was not having Intermediate Vocational Course in Electrical trade. Hence, the petitioner filed the present writ petition. The respondents have filed counter affidavit wherein it is stated thus: “I further submit that in terms of the above Notifications, the interview call letters have been sent to the candidates who satisfied all the conditions stipulated in the Notifications and the Pole Climbing tests were conducted in Operation Circle, Mahabubnagar on 2nd, 4th, 5th and 6th of June, 2007. Accordingly, the Appointment Orders were issued to 356 Nos. successful candidates in Pole Climbing test as per the Roaster. Further 4 Nos. vacancies reserved for BC-C category and 4 Nos. vacancies reserved for ST category are left unfilled due to non-availability of eligible candidates. It is submitted that the petitioner is contending that now he has studied the ITI course in Electrical Trade and passed during July, 2009 and as such he is eligible for the post of JLM under BC-C Category. The said contentions are denied as it is admitted fat that one should acquire the age, educational qualifications as on the date of Notification. Further the JLM vacancies of 4 Nos. reserved for BC-C category which were left unfilled due to non-availability of eligible Contract Labour. As per the Notification, if no eligible Contract Labour are there, the vacancies have to be filled up by fresh candidates. The petitioner does not come under the category of fresh candidates also as he has not possessed the requisite educational qualification at the time of issuing first Notification (08.06.2006) or Revised Notification (20.10.2006). The above 4 vacancies are not being filled due to the C.C. pending with division bench for orders.” Learned counsel for the petitioner contended that even though there are vacancies in B.C.-C quota and the petitioner qualified in the interview, he was not being appointed in those vacancies. Although petitioner has been qualified and vacancies exist, it is for the authority concerned to decide as to how many posts which are required to be filled to enable it to carry out its functions and duties. A proper and due selection does not confer an indefeasible right to be appointed. The reason for not filling the BC-C category as no person was eligible. Recruitment in deviation of the published qualifications would amount to arbitrary exercise of power. An ineligible person cannot claim to appointment in service because he was called for an interview under an interim order of the Court. Even according to the petitioner, he was not having the requisite qualification, i.e., I.T.I. in Electrical Trade as on the date of the notification. Further the petitioner was prosecuting his studies as on the date of the notification and he was not even qualified for making application. Hence, the question of appointing him does not arise. The resultant vacancies, if any, have not been filled up, the same have to be re-notified and the petitioner has to apply against those vacancies and compete in the fresh notification. Hence, no Mandamus can be issued. The writ petition is devoid of merits and the same is accordingly dismissed. No costs. ______________ K.C. BHANU,J DATE: 19th April, 2011 pnb