IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 2337 of 2009 Between: 1 V. Brahmaiah, S/o. V. Siddaiah, Z.P. High School, Vantimitta, Kadapa District. 2 M. Narasimha Reddy, S/o. M. Vasudeva Reddy, Government of High School, Rayachoti(M), Kadapa District. 3 O. Raghunatha Reddy, S/o. Subba Reddy, Z.P.H. School, Chinna Cheppali, (SS) Kamaapuram Mandal, Kadapa District. 4 G. Venkata Subba Reddy, S/o. G. Chinnapa Reddy, Z.P.H. School, Mydukur (M), Kadapa District. 5 K. Venkata Rami Reddy, S/o. Venkata Ramireddy, M.P.U.P. School, B.V.R. Nagar, Gopavaram (M), Kadapa District. 6 K. Vasundara Devi, D/o. K. Rama Subba Reddy, Praddatur (M), Kadapa District. 7 K.L. Narasimha Sashtry, S/o. K.L. Narasaiah, Z.P. High School Mydukur (M), Kadapa District. ..... PETITIONER(S) AND 1 The State of A.P. Rep by its Principal Secretary, School Education Department, Secretariat, Hyderabad. 2 The Regional Joint Director of School Education, Kadapa, Kadapa District. 3 The District Educational Officer Kadapa, Kadapa District. .....RESPONDENT(S) 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 to pass orders particularly one in the nature of Mandamus declaring the non interference of the Hon'ble A.P. Administrative Tribunal in OA No. 1264/2009 on the seniority list prepared by the 3rd respondent on 30-1-2009 without the redressing the grievances on the provisional seniority list and contemplating to conduct counseling for promotion to the posts of Headmasters on the basis of defective seniority list as arbitrary, illegal, malafide discriminatory and violative of Art. 14, 16 and 21 of the constitution of India, Rule 33 and 36 of the AP State and subordinate service rules and the principles of natural justice and consequently set aside the same and direct the respondents to prepare the final seniority list in terms of the AP State and subordinate Service Rules before conducting the counseling for promotion to the post of Head Masters in Zilla Parishad Schools and consider the cases of the petitioners for promotion and pass Counsel for the Petitioner: MR.KASAJAGANMOHAN REDDY Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed challenging the order dated 30.1.2009 passed by the A.P. Administrative Tribunal, Hyderabad in O.A.No. 1264 of 2009, wherein the Tribunal while admitting the O.A issued notice to the respondents therein returnable in four weeks and directed that any promotions made shall be subject to the result of the O.A. The learned counsel appearing for the petitioner vehemently contended that ineligible candidates have been included in the final seniority list and only four hours time was given for filing objections with regard to provisional seniority list. We have heard the learned counsel appearing for both sides and also perused the impugned order. When once the Tribunal is seized of the matter and there is no decision rendered on merits, it is not desirable for this Court to determine the rights of the parties. Hence, we are not inclined to entertain this Writ Petition and the same is liable to be dismissed. Accordingly, the Writ Petition is dismissed. However, we direct the Andhra Pradesh Administrative Tribunal to dispose of the matter as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ SANJAY KUMAR , J Dt. 13.02.2009 KA Note: Office is directed to communicate this order to the Registrar, Andhra Pradesh Administrative Tribunal, Hyderabad. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The State of A.P. Rep by its Principal Secretary, School Education Department, Secretariat, Hyderabad. 2 The Regional Joint Director of School Education, Kadapa, Kadapa District. 3 The District Educational Officer Kadapa, Kadapa District. 4 2 CCs to G.P.for Services-1, High Court of A.P. Buildings, Hyderabad OUT 5. 2 CD copies