IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 16914 of 2007 Between: 1 T R S Lakshmi W/o.P Kanoz MRAGR Government Polytechnic, Vizianagaram, Vizianagaram District. 2 B.V. Sundara Kumar S/o.B.K.V. Janaki Ramaiah Government Polytechnic for Women Kakinada, East Godavari District. 3 G.Venkateshwar Rao S/o.G.Chokka Rao Government Polytechnic for Women Nizamabad, Nizamabad District. ..... PETITIONER(S) AND 1 The State of Andhra Pradesh, rep. by its Principal Secretary, Higher Education (Technical Education Secretariat, Andhra Pradesh, Hyderabad. 2 The Commissioner and Director of TEchnical Education, Burgula Ramakrishna Rao Bhavan, Andhra Pradesh, Hyderabad. 3 G.Sai Prasad Raju S/o.G.Padma Raju D A Government Polytechnic, Ongole. 4 C.Narendranath Reddy S/o.C.Radha Krishna Reddy S.V. Government Polytechnic, Tirupati. 5 G.V.Hari Babu S/o.G.S.Krishna Murthy Andhra Polytechnic, Kakinada. .....RESPONDENT(S) 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 to issue a writ or order or direction, more particularly one in the nature of Writ of Certiorari calling for the records in O.A.No.6627 of 2007, dated 4.5.2007 on the file of Andhra Pradesh Administrative Tribunal and consequently set aside the same and to pass such other order or orders. Counsel for the Petitioner: SMT.BOBBA VIJAYALAKSHMI Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following : ORDER: (Per Sri Justice C. V. RAMULU) This Writ Petition is directed against an order made in O.A.No. 6627 of 2007 dated 4.5.2007 on the file of Andhra Pradesh Administrative Tribunal, Hyderabad. Respondents 3 to 5 filed the said O.A, seeking to declare memo No. 256/TE.1/A2/2005-4 dated 27.6.2006 issued by the first respondent-Government in so far as clarification given at Clause 4(1) of the said Memo, which directs the 2nd respondent to prepare a seniority list from the Heads of Sections in Non-Engineering wing by placing the Heads of Sections, who were appointed as Lecturers through DPC prior to 1989 above the Heads of Sections who were appointed through non D.P.C as lecturers prior to 1989 as arbitrary and illegal. There is no necessity to go into all the details. It appears that instructions were issued in the above memo dated 27.6.2006 to prepare seniority list as per guidelines laid down therein. According to the unofficial respondents, those guidelines are contrary to law, therefore they have challenged the same. But during the pendency of O.A., the final seniority list was prepared on 21st December 2006 by taking into account the instructions issued in the said memo dated 27.6.2006. It appears, unfortunately, these incidents were not brought to the notice of the Tribunal and the O.A was disposed of with a direction to the official respondents therein to place the applicants over and above the non DPC candidates, without reference to the date and year. In the facts and circumstances of the case we are of the opinion that once final seniority has been prepared as per the directions in memo dated 27.6.2006, the petitioners as well as the unofficial respondents have to work out their remedies, by challenging the final seniority list and also the proceedings dated 27.6.2006. Therefore, we are of the opinion that the O.A itself has become infructuous. Accordingly, the Writ Petition is disposed of leaving liberty to the applicants in O.A/unofficial respondents 3 to 5 to work out their remedies as available under law. No order as to costs. _____________________________ GHULAM MOHAMMED ,J ___________________________ C.V.RAMULU, J Dt. 07.08.2008 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The State of Andhra Pradesh, rep. by its Principal Secretary, Higher Education (Technical Education Secretariat, Andhra Pradesh, Hyderabad. 2 The Commissioner and Director of TEchnical Education, Burgula Ramakrishna Rao Bhavan, Andhra Pradesh, Hyderabad. 3. CC to the G.P. for Services I, High Court of A.P, Hyderabad. 4. Two CD copies.