IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 16966 of 2008 Between: 1 B. Thavurya S/o. B. Gholya Naik R/o.H.No.1-3-414, Opp: Raj Kamal Tenk House, Tallabasthi, Kavadiguda, Hyderabad, H.T.No.11861468 2 K.V. Krishnaiah S/o. K. Thimmaiah H.No.58/21 A, Chidambara Rao Street, Kurnool H.T.No.11609172 3 P. Anuradha D/o. Venkaiah R/o. Viruvur (Post), Podalakaur (M), Nellore District. H.T.No.11612234 4 T Praveen Kumar S/o. T. Vijay Kumar H.No.6-6-685, Ambedkarnagar Street, Karimnagar District, H.T.No.11502906 5 A. Prasanna Kumar S/o. Bashaiah H.No.16-11-782, Vhinta, Warangal, H.T.No.11813330 6 S.K.M. Subhani S/o. Shaik Ismail R/o. H.No.45/B, Flat No.10, S.R. Nagar, Hyderabad-500038. H.T.No. . .... PETITIONERS AND 1 Government of Andhra Pradesh, rep. by its Principal Secretary, General Administration Department, A.P. Secretariat, Hyderabad. 2 Andhra Pradesh Public Service Commission rep. by the Secretary, Pratibha Bhavan, Nampally, Hyderabad. .....RESPONDENTS 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 implementation of G.O.Ms.No.570, G.A.D. (Ser-A) Department dated 31.02.1997 in the recruitment to Group-I Services vide Advt.No.31/2007 dated 27.12.2007 as null and void, arbitrary and unconstitutional and violative of Articles 14, 16 & 309 of the Constitution of India and consequently direct the respondents to declare the Group-I Services Screening test results vide Advt.No.31/2007 dated 27.12.2007 in accordance with Rule 22 of A.P. State and Subordinate Services Rules, 1996. Counsel for the Petitioners:MR.B.SESIBUSHAN RAO Counsel for the Respondents: GP FOR GENERAL ADMINISTRATION The Court made the following : THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.16966 OF 2008 ORDER (Per Hon’ble Sri Justice Ghulam Mohammed): This writ petition is filed seeking a mandamus declaring the implementation of G.O.Ms.No.570, G.A.D (Ser-A) Department, dated 31.02.1997, in the recruitment to the posts of Group-I Services vide Advt.No.31/2007, dated 27.12.2007, as arbitrary, unconstitutional and violative of Articles 14, 16 and 309 of the Constitution of India; and consequently to direct the respondents to declare the Screening test results of Group-I Services vide Advt.No.31/2007, dated 27.12.2007, in accordance with Rule 22 of A.P.State and Subordinate Service Rules, 1996. 2. It appears, the 2nd respondent issued notification No.31/2007 for Group-I Services direct recruitment (General) dated 21.12.2007. The scheme and syllabus for recruitment to Group-I Services were revised and prescribed in G.O.Ms.No.625 GAD (Ser-A) Department, dated 22.08.2007, and applications were invited from eligible candidates and, as such, the petitioners applied for the said recruitment and appeared for screening test. Now, the grievance of the petitioners is that the 2nd respondent declared the results of screening test by giving effect to G.O.Ms.No.570, GAD (Ser-A) Department, which is no more in existence by virtue of G.O.Ms.No.625. 3. There is no necessity of going into all the details. 4. It is an admitted fact that the petitioners, before approaching this Court, had already filed O.A.No.4733 of 2008 on the file of Andhra Pradesh Administrative Tribunal at Hyderabad with similar reliefs and the Tribunal, on 03.07.2008, ordered to take personal notice to the respondents before admission and directed to post the O.A. along with O.A.No.4483 of 2008. While so, O.A.No.4716 of 2008 was filed by one Balaji Badhavath for the similar reliefs and it was dismissed on 04.07.2008. Aggrieved by the same, the petitioner in the O.A. preferred W.P.No.16029 of 2008 and it was disposed of on 23.07.2008 declaring the words “irrespective of communities” as in paragraph 2 of Annexure-II of the G.O.Ms.No.570 as irrational and, therefore, set aside those words. Assailing the said order, the 2nd respondent in the Writ Petition filed SLP.No.18308 of 2008 before the Hon’ble Suprme Court, wherein interim stay of the operation of the order of this Court was granted, but however, permitted the petitioners, who are eligible by virtue of Rule of Reservation, to appear for the main examination. Be that as it may, since the petitioners have already filed O.A. before the Tribunal with the similar reliefs and it is pending for consideration, we are not inclined to entertain this writ petition. Therefore, the writ petition is misconceived and is liable to be dismissed. 5. The writ petition is, accordingly, dismissed. No order as to costs. ______________________ GHULAM MOHAMMED,J ______________ C.V.RAMULU,J 05.08.2008 v v While so, O.A.No.4716 of 2008 was filed by one of the petitioners namely Balaji Badhavath for the similar relief and it was dismissed on 04.07.2008 on the ground that the lis is covered by the orders of this Court in W.P.No.24247 of 2004 dated 31.12.2004. Aggrieved by the same, the petitioners in the O.A. preferred W.P.No.16029 of 2008 and it was disposed of on 23.07.2008 on the ground that the words “irrespective of communities” in paragraph 2 of Annexure-II of the G.O.Ms.No.570 as irrational and, therefore, declared the words “irrespective of communities” as set aside. Assailing the said order, the 2nd respondent in the Writ Petition filed SLP.No.18308 of 2008 before the Hon’ble Suprme Court, wherein interim stay of the operation of the order of this Court was granted, but however, permitted the petitioners, who are eligible by virtue of Rule of Reservation, to appear for the main examination.