IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 5618 of 2008 Between: B.Ganga Jagan S/o.Gangadhar R/o.Ansanpalli, Nizamabad District ..... PETITIONER AND 1 The Regional Manager, Vijaya Bank, Bubukhan Estate (III Floor), Basheerbagh, Hyderabad. 2 The Senior Superintendent, of Post offices, Nizamabad Divison, Nizamabad District. .....RESPONDENTS 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 issue a writ of mandamus or any other appropriate writ order or direction declaring the action of the 1st respondent in sending the call letter dated 7.1.2008 wherein it was directed the petitioner to submit the application form for filing up the post of Peon in spite of having received the same on 5.1.2008 and communicating the said letter dated 7.1.2008 to the petitioner on 23.2.2008 as illegal, arbitrary, violative of the principles of natural justice and consequently declare the same as arbitrary, by holding that the petitioner is entitled to be consider for recruitment to the post of Peon on par with others. Counsel for the Petitioner: MR.VADAPALLI RAMESH Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following ORDER: The petitioner approached this Court by filing W.P.No.25009 of 2007 complaining that his case has not been considered by the first respondent for appointment to the post of Peon, on the ground that his case is not sponsored by the Employment Exchange. The writ petition was disposed of on 26.11.2007. Thereafter, the first respondent addressed a letter, dated 07.01.2008, requiring the petitioner to submit his application in the prescribed form and also to pay the stipulated fee. The petitioner states that he received the said letter only on 23.02.2008 and by that time, the examination itself was held. He seeks necessary directions in this regard. Heard the learned the learned counsel for the petitioner and the learned Standing Counsel for the first respondent. The petitioner approached this Court right in the earnest before the written test was conducted. The first respondent also complied with the directions issued by this Court by addressing letter, dated 07.01.2008, requiring the petitioner to submit a form. However, the letter reached the petitioner, only after the examination was conducted. The postal delay appears to be the cause for the present state of affairs. It is represented that the selections have not been concluded, as yet. The case of the petitioner can be considered by conducting a test exclusively for him, be it written or oral. Hence, the writ petition is disposed of, directing the first respondent to conduct a written and oral test for the petitioner, in case he submits an application in the prescribed form with photographs and stipulated fee, within a period of one week from today. To avoid the possibility of any communication gap, it is directed that the first respondent shall hold the test on 15.04.2008 and the petitioner shall be present for that purpose. There shall be no order as to costs. ______________ 31.03.2008 Note: Issue cc in two days. (B/o) kdl ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}