HON’BLE SRI JUSTICE GODA RAGHURAM AND HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY W.P. No. 31944 of 2011 DATED: 15.12.2011 Between: Dr.B.Mahathi .. Petitioner And Govt. of A.P. and 18 others .. Respondents O R D E R:- (Per Hon’ble Sri Justice Goda Raghuram) The writ petition is misconceived. It is preferred by the applicant in O.A. No. 8461of 2011 aggrieved by the order of the A.P. Administrative Tribunal (Tribunal) dated 28.11.2011 whereby by a common order in the petitioner’s O.A. as well as other connected O.A.Nos. 8462, 8474, 8475 and 8549 of 2011, filed by others, interim stay granted in the several O.As. (staying further processing of selection of Medical Officers in AYUSH), were vacated. Heard Sri P.V. Krishnaiah, learned counsel for the petitioner, the learned Government Pleader for Services – II for respondent Nos.1 to 3, Sri D. Balakrishna Rao, learned counsel for respondent Nos. 6 to 14 and Sri M. Ratna Reddy, learned counsel for the 15th respondent. The learned counsel for the petitioner with his usual forensic tenacity would contend that recruitment to the posts of Medical Officers in AYUSH treating the posts as zonal level posts under the A.P. Public Employment (Organization of Local Cadres and Regulation of Direct Recruitment) Order, 1975 (Presidential Order) is invalid since the category of Medical Officer AYUSH is now a Gazetted category and is specified as a state level post in the service rules issued in G.O.Ms. Nos.67, 68 and 69 dated 14.03.2005; and though not a specified Gazetted category post, enumerated as such in the III schedule to the Presidential Order is nevertheless being processed for selection as a zonal post. It is seen from a perusal of the writ petitioner’s O.A. No. 8461 of 2011 that this challenge to the process of selection was not specified in the pleadings either expressly or by any compelling implication in the O.A.. The petitioner has merely challenged the selection process on the ground that paragraph (8) of the Presidential Order is itself invalid as it has not accommodated 100% reservation for local candidates. A perusal of the order of the Tribunal impugned herein would however disclose that an equivocal assertion in this behalf has been made by the petitioner before the Tribunal but without a foundation in pleadings. The issue whether the post of Medical Officer in Ayurvedic, Unani or Homeopathy; presently governed by the statutory rules issued in G.O.Ms. Nos.67 to 69, dated 14.03.2005 is a state level or a zonal level post within the local cadre discipline enjoined by the provisions of the Presidential Order is not a pure question of law. It is a mixed question of law and fact; as to whether the post is a notified Gazetted post; whether it is a specified Gazetted category under the Presidential Order; whether it is treated under the relevant and governing statutory rules as state level post otherwise; and what the legal architecture declares the unit of appointment to be, for promotions, transfers, etc. for this post. This is a matter which requires detailed and specific pleadings and an argument in vacuum would not suffice to elucidate the correct legal principle by the Tribunal. For the aforesaid reasons, we discern no error in the order of the Tribunal warranting interference under Article 226 of the Constitution of India. The writ petition is according dismissed. It is however open to the petitioner to make proper pleadings in her O.A. No.8461 of 2001 and present the same for adjudication before the Tribunal. No costs. __________________ GODA RAGHURAM, J 15.12.2011 __________________________ G. KRISHNA MOHAN REDDY, J bcj