THE HON’BLE SRI JUSTICE GHULAM MOHAMMED & THE HON’BLE SRI JUSTICE B. SESHASAYANA REDDY WP No.6863 OF 2009 ORDER: ( per Hon’ble Sri Justice B. Seshasayana Reddy ) This writ petition has been filed assailing the order dated 6-3- 2009 passed in MA No.1104 of 2009 in OA (Sr) No.5417 of 2009 on the file of Hon’ble AP Administrative Tribunal at Hyderabad. 2. The petitioner, along with another namely, Shaik Khajahussian sought to file OA under Section 19 of the AP Administrative Tribunals Act, 1985, seeking the following relief:- “In view of the facts mentioned in para 6 above, the applicants pray that this Hon’ble Tribunal may be pleased to declare the action of the respondents herein in not considering the cases of applicants to participate in the selection process of DSC 2008 to the post of SG Teachers as students of II year D. Ed along with the students of Government Colleges though they are fully eligible and entitled and possessing the requisite qualifications as being illegal, arbitrary, bad in law, discriminatory and consequently direct the respondents to consider the cases of applicants for participating in the selection process of DSC 2008 to the post of SG Teacher and to pass such other order or further orders as this Hon’ble Tribunal may deem fit and proper.” 3. The learned Tribunal, after considering the material placed on record, came to the conclusion that the OA filed by the petitioner and another namely, Shaik Khajahussain together cannot be maintained and, therefore, confined the OA to the 1st applicant only and left it open to the 2nd applicant-petitioner herein to file separate OA, though Court fee of Rs.50/- each has been paid. The impugned order dated 6-3-2009 passed by the learned Tribunal reads as follows: “In this case the relief is modified to receive the applications and also to declare that the applicants are entitled to participate in the selection process, where each candidate has to file individual applications, as they have individual cause of action. So, single OA cannot be permitted. MA is dismissed, confining the OA to the first applicant.” 4. Learned counsel for the petitioner submitted that the two applicants in the OA have same cause of action and, therefore, single OA is maintainable. 5. We have gone through Rule 4 and 5 of the Andhra Pradesh Administrative Tribunal (Procedure) Rules, 1989. Rules 4 and 5 of the Rules which read as hereunder: Rule 4. Procedure for filing applications:--- (1) An Application to the Tribunal shall be presented in Form I by the applicant in person or by an agent or by a duly authorized legal practitioner to the Registrar or any other officer authorized in writing by the Registrar to receive the same or be sent by registered post with acknowledgement due addressed to the Registrar of the Bench concerned. (2) The application under sub-rule (1) shall be presented in triplicate in a paper-book form along with one unused file size envelope bearing full address of the respondent. (3) Where the number of respondents is more than one, as many extra copies of the application in the paper-book form as there are respondents together with unused file size envelope bearing the full address of each respondent shall be furnished by the applicant : Provided that where the number of respondents is more than five, the Registrar may permit the applicant to file the extra copies of the application at the time of issue of notice to the respondents. (4) The applicant may attach to and present with his application a receipt slip in Form II which shall be signed by the Registrar or the Officer receiving the application on behalf of the Registrar in acknowledgement of the receipt of the application. (5) (a) Notwithstanding anything contained in sub-rules (1) to (3), the Tribunal may permit more than one person to join together and file a single application if it is satisfied, having regard to the cause of action and the nature of relief prayed for, that they have a common interest in the matter. (b) Such permission may also be granted to an association representing the persons desirous of joining in a single application provided, however, that the application shall disclose the class/grade/categories of persons on whose behalf it has been filed. Rule 5. Presentation and Scrutiny of applications:- (1) The Registrar or the officer authorized by him under Rule 4, shall endorse on every application the date on which it is presented or deemed to have been presented under that rule and shall sign the endorsement. (2) If, on Scrutiny, the application is found to be in order, it shall be duly registered and given a serial number. (3) If the application, on scrutiny, is found to be defective and the defect noticed is formal in nature, the Registrar may allow the party to rectify the same in his presence, and if the said defect is not formal in nature, the Registrar may allow the applicant such time to rectify the defect as he may deem fit. (4) If the applicant fails to rectify the defect within the time allowed under sub-rule (3), the Registrar may, by order and for reasons to be recorded in writing, decline to register the application and inform the applicant accordingly. (5) An appeal against the order passed under sub-rule (4) may be preferred by the person aggrieved within the fifteen days from the date of such order of the Chairman in the case of Principal Bench and to the Vice-Chairman concerned, in the case of any other Bench and such appeal may be dealt with and disposed of in chamber by the Chairman or the Vice-Chairman concerned or in their absence any Member authorized by the Chairman by special or general order, whose decision thereon shall be final.” 6. A plain reading of the above rules indicates that the Tribunal has discretion to permit more than one together to file single application. Learned Tribunal has assigned reasons in the impugned order in not permitting single OA by more than one applicants. The impugned order being a discretionary order, we are not inclined to interfere with the same. The writ petition is accordingly dismissed. No costs. _____________________ Ghulam Mohammed, J ______________________ B. Seshasayana Reddy, J Dated: 1st April, 2009 Nrg.