THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.22292 of 2010 Dated:29.09.2010 Between: K.Paran Jyothi .. Petitioner And The Government of Andhra Pradesh, Represented by its Principal Secretary (Finance), Secretariat, Hyderabad and another .. Respondents THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.22292 of 2010 ORDER: The petitioner was initially appointed as an attender in the Acharya N.G.Ranga Agricultural University. Thereafter, she was promoted as Lower Division Clerk. In the recent past, the Government formed the Andhra Pradesh Horticultural University – the 2nd respondent, to undertake some of the activities, which, hitherto, were under the purview of the Agricultural University. The petitioner opted to be in the service of a newly constituted University. The 2nd respondent issued advertisements, dated 10.12.2009 and 19.08.2010, proposing to fill various posts by way of direct recruitment. In the first advertisement, five posts of Senior Assistants, and in the second advertisement, 14 posts of that category, are sought to be filled. The petitioner contends that according to the Service Rules that are in vogue in the Andhra Pradesh Agricultural University, the post of Senior Assistant is to be filled only by way of direct recruitment and the advertisement insofar as the Senior Assistants are untenable in law. The respondents filed a counter affidavit. According to them, the Government issued G.O.Ms.No.64, Finance (SMPC) Department, dated 25.02.2009, according permission to fill 50% of posts by way of promotion from the feeder channel. It is urged that the petitioner does not held the requisite qualification. Heard learned counsel for the petitioner and learned Standing Counsel for the 2nd respondent. As of now, the petitioner is not qualified for being promoted to the post of Senior Assistant. It is not in dispute that she did not pass Account Test. In a representation made by her, a request was made to relax that requirement. Be that as it may, there are two channels of promotion for appointment to the post of Senior Assistant in the 2nd respondent - University. 50% of posts are to be filled by way of promotion from the feeder category and remaining 50% by way of direct recruitment. The petitioner did not challenge the Government Order, which provides for such a mechanism. The posts of Senior Assistants that are notified are earmarked for direct recruitment. The petitioner cannot have any plausible plea against such posts. At the most, she can claim her promotion to the Senior Assistant, as and when the process is initiated. Hence, the writ petition is dismissed, leaving it open to the petitioner to present her claim for promotion to the posts of Senior Assistants against 50% of the vacancies earmarked for promotion. It shall be open to the respondents to proceed with the selection of appointment of Senior Assistants by way of direct recruitment against 50% of the vacancies. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J 29.09.2010 KH