THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.1533 of 2009 ORDER: The petitioner is working as Lecturer in vocal music, on contract basis, in the Tirumala Tirupathi Devasthanam. The Devasthanam issued a notification, on 30.08.2005, inviting applications for various posts, including a post of Lecturer in music in Sri Venkateswara College of Music and Dance. The vacancy was reserved in favour of physically handicapped O.C. woman. The petitioner, the 4th respondent and several others, applied for that post. The Devasthanam selected the 4th respondent and appointed her. The petitioner contends that she was more qualified, had considerable experience, is physically handicapped and still she was not selected. The petitioner further states that though the 4th respondent is not physically handicapped, she has been selected and appointed. On behalf of respondents 1 to 3, a detailed counter-affidavit is filed. It is stated that for the vacancies notified by them, 589 applications were received and after conducting preliminary examination, call letters were issued to the eligible candidates at the ratio of 1:15. According to them, no candidate was found eligible up to the mark for the post reserved in favour of physically handicapped O.C. woman, and in that view of the matter, the vacancy was filled through O.C. woman. It is stated that the 4th respondent secured 67.25% in all, whereas the petitioner secured 34.24%. According to them, though the petitioner was considered for such a vacancy, the 4th respondent was found fit and she was appointed accordingly. Heard learned counsel for the petitioner and learned Standing Counsel for the Devasthanam. The petitioner through a notification, dated 30.08.2005, submitted application for the post of Lecturer in vocal music. One vacancy was reserved in favour of physically handicapped O.C. woman. The 4th respondent also applied for that post, along with hundreds of others. The difficulty to secure a candidate with so many layers of reservation, cannot be ignored. Music is an art and very few people pursue to the level of post graduation. It is difficult to find people of required accomplishment in such a rare activity. Added to that, the reservation has several layers, namely, a) woman, b) O.C., within that category and c) physically handicapped. There is a further categorization in the physically handicapped reservation. It is but natural that it would be almost impossible to find a candidate, who fulfils so many conditions. The Selection Committee did not find any suitable candidate in that category. Whenever a candidate is not available in a too restricted category, it is permissible for the appointing agency to broaden the scope of reservation layer by layer. If a suitable candidate is not available in the physically handicapped category, it was permissible to broaden the scope by considering the O.C. woman candidates. When such a course is adopted, it is not as if the vacancy earmarked for physically handicapped category is abandoned. The next vacancy in O.C. woman category has to be filled through physically handicapped, as and when selection is to take place. Hence, it cannot be said that there is any illegality. Hence, the Writ Petition is disposed of, with the above observation. There shall be no order as costs. _____________________ L. NARASIMHA REDDY, J. Dt.10.12.2010. GJ