IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.24225 of 1999 Between: 1. P.Brahmaiah, S/o. P.Venkataiah, R/o. Karimnagar. 2. K.Lachanna, S/o. Lingaiah, R/o. Adilabad. ... PETITIONERS AND 1 A.P.S.R.T.C., Rep. M.D., Mushirabad, Hyderabad-20. 2 A.P.S.R.T.C., Rep. Regional Manager, Karimnagar. 3 A.P.S.R.T.C., Rep. Regional Manager, Adilabad. 4 Sri. J. Ramulu, S/o. Raya Posham, Utnoor Depot, Adilabad. ...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, particularly one in the nature of Writ of Mandamus, declaring that the action of respondents No.1 to 3 in not considering the cases of petitioners for appointment to the post of Cleaner as illegal, unjust, contrary to law, arbitrary, discriminatory, in violation of principles of natural justice and violative of Articles 14, 16 and 21 of the Constitution of India, and further declare that on insisting for ITI certificates from petitioners as illegal and invalid, and grant all consequential benefits. Counsel for the Petitioners: Mr. A.K. Jayaprakash Rao Counsel for the Respondents: Smt. P. Rajani Reddy (SC FOR APSRTC) The Court made the following: Order: This writ petition is filed seeking Mandamus declaring the action of respondents 1 to 3 in not considering the cases of the petitioners for appointment to the post of cleaner and insisting for I.T.I. certificates as illegal and arbitrary. 2. In the affidavit filed in support of the writ petition, it is stated that the petitioners were selected by the selection committee constituted by the respondents on 28-03-1990 to undergo apprenticeship training in bus-bodybuilding workshop at Miyapur belonging to APSRTC and they have successfully completed the same. It is the grievance of the petitioners that though their claims were considered for appointment to the post of cleaner, on the ground that they have not produced I.T.I. certificates, they were not appointed to the said post and according to them, as they have already undergone apprenticeship training, the respondents have denied them appointment without assigning any valid reasons and appointed the fourth respondent herein as Coach Builder. 3. The Law Officer of APSRTC has filed a counter affidavit on behalf of the respondents stating that respondent No.1 was not at all interviewed for the post of cleaner and therefore the question of not selecting him on the ground that he has not produced I.T.I. certificate does not arise. So far as petitioner No.2 is concerned, it is stated that though he was interviewed by the selection committee on 15-07-1997 he was not selected as he failed to produce I.T.I. certificate. It is further stated that the candidates who have undergone apprenticeship training in APSRTC are only being selected basing on the marks secured by them in I.T.I and respondent No.4 who belongs to S.C. community (Madiga) passed the trade test for the post of Coach Builder and he was appointed as such. 4. As per the Recruitment Regulations, for a candidate to be appointed as cleaner, one should possess minimum qualification of I.T.I. (diesel mechanic) trade and nowhere in the said regulations it is stated that preference will be given to the candidates who have completed apprenticeship training. It is stated in the counter affidavit that petitioner No.1 was never interviewed by the selection committee and though petitioner No.2 was interviewed, as he failed to produce I.T.I. certificate, he was not selected. On the short ground that the petitioners do not fulfill the eligibility criteria for being appointed as cleaners, I do not find any illegality in the action of the respondents. 5. The writ petition is devoid of merits and is accordingly dismissed, however, in the circumstances, with no order as to costs. _____________________ R. SUBHASH REDDY, J. February 12, 2009 MRR