IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 4966 of 2009 Between: Padala Tirupathi, S/o. Padala Veeraiah, Chelpoor Village, Huzurabad, (Mandal), Karimnagar District.l ..... PETITIONER AND Bharat Dynamics Limited ( A Government of India Enterprises ), Rep. by Senior Manager, C.P. & A (PLG & ED), Kanchanbagh, Hyderabad. .....RESPONDENT Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate Writ, Order or direction, more particularly one in the nature of Writ of Mandamus, declaring the impugned circular bearing Ref. BDL/C-P&A)/PLG&ED/01/022/08/BG MP (OS) dt. 13-12-2008 issued by the respondent for recruitment of various posts including the Junior Technicians (Radio Mech.) by open selection for BDL, Bhanur, Medak District, without considering the candidature of the petitioner for the post of Junior Technician (Radio Mech.) who has completed his apprenticeship and also worked on casual basis in the respondent organization, as illegal, arbitrary and consequently direct the respondent to consider the candidature of the petitioner to the post of Junior Technician (Radio Mech.) on priority basis, and to grant such other relief or reliefs. Counsel for the Petitioner: SMT.W.V.S.RAJESWARI Counsel for the Respondent: MR.K.SRINIVASA MURTHY The Court made the following : ORDER: The petitioner assails the action of the respondent in restricting the consideration of candidates sponsored by the Employment Exchange for the post of Junior Technician (Radio Mechanic). 2. When the writ petition came up for admission, with the consent of the learned counsel appearing for the parties, it is taken up for final disposal. 3. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondent. 4. The only grievance of the petitioner is that the respondent refused to consider his application for the post of Junior Technician (Radio Mechanic) on the ground that his name was not sponsored by the Employment Exchange. 5. In view of the decision of the Apex Court in Excise Superintendent v. K.B.N.Visweswara Rao[1], the aforesaid action of the respondent cannot be sustained and he has to consider the case of the petitioner, on merits, even though he was not sponsored by the concerned Employment Exchange. 6. Accordingly, the Writ Petition is disposed of at the admission stage directing the Bharat Dynamics Limited (A Government of India Enterprises), rep. by its Senior Manager, C.P. & A. (PLG & ED), Kanchanbagh, Hyderabad-respondent to permit the petitioner to appear for the written test/interview for the post of Junior Technician (Radio Mechanic) to be held on 15.03.2009 or any other subsequent date along with other candidates on merit without his being disqualified on the ground that his name was not sponsored by the Employment Exchange. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:12th March, 2009. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI} [1] 1996 (6) SCALE 676