THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE K.G.SHANKAR W.P.No.4744 of 2011 ORDER: (Per Sri Justice Ghulam Mohammed, J) This writ petition is filed assailing the legality and validity of order, dated 18.01.2011, passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, (for short ‘the Tribunal’) in O.A.No.6905 of 2010. In the affidavit filed in support of the writ petition, it is stated that the petitioner belongs to Scheduled Tribe Community and he is a local candidate of Ranga Reddy District. He has completed B.Sc. in 2004 and also M.Sc. (Bio-technology) from JNTU. It is further stated that pursuant to the decision taken by the Government to fill up the backlog vacancies without any delay, the first respondent – District Collector, Ranga Reddy, issued notification, dated 07.01.2009, inviting applications for 7 posts of Typist apart from Junior Assistant in Ranga Reddy District under DSC SC/ST backlog recruitment on the ground that during general recruitment by the DSC, no eligible Scheduled Tribe candidates were available for appointment to the posts thereof. Among that 7 posts of Typist notified for ST category, 2 posts are reserved for only ST women and 5 posts for men, as such, the petitioner has applied for the post of Junior Assistant-Typist but he could not succeed in it. Thereafter, as he learnt that 2 more Typist posts are not filled up due to non-availability of eligible candidates, he submitted a representation to the first respondent seeking to appoint him as Typist. The said representation was rejected by the authorities on the ground that the petitioner did not possess the required qualification. After his acquiring required qualification for the post of Typist, he again submitted a representation to the first respondent on 26.12.2009 seeking appointment. This time also, his request was rejected in view of the fact he did not possess the qualification as on 07.01.2009. He alleges that even though the Government issued G.O.Ms.No.360, dated 25.07.2009, extending time to fill up the backlog vacancies of SC/ST candidates up to 30.06.2010, and he possessed required qualification, rejecting his request by the first respondent is arbitrary and illegal. Therefore, he filed O.A.No.3871 of 2010 before the Tribunal seeking to issue direction to the respondents therein to forthwith fill up the backlog vacancies of Typist post reserved for ST candidates by 30.06.2010 but the said O.A. was dismissed. Later, he approached this Court by filing Writ Petition No.15005 of 2010. During pendency of the proceedings before this Court, the Government issued G.O.Ms.No.537, GAD, dated 17.09.2010, extending time up to 30.06.2011 to fill up the backlog vacancies of various posts in Group IV services. He again approached the Tribunal for similar relief and also seeking direction to the authorities to consider his case for appointment as Typist, by filing O.A.No.6905 of 2010, which in turn, was dismissed by the impugned order. Hence, this writ petition. Learned counsel for the petitioner vehemently contended that though the time for filling up backlog vacancies of SC/ST is extended by 30.06.2010 by the Government through G.O.Ms.No.360, GAD, dated 25.07.2009, rejecting the request of the petitioner seeking to appoint him as Typist is arbitrary and illegal. He further contended that despite the fact that the Government issued another G.O.Ms.No.537, dated 17.09.2010, extending the time for filling up the backlog vacancies up to 30.06.2011, the authorities have not chosen to do so. He also contended that the Tribunal without giving any direction to the respondents to fill up the backlog vacancies, dismissed O.A.No.6905 of 2011 filed by the petitioner by the impugned order, as such, the impugned order is erroneous and liable to be set aside. Learned Government Pleader for Services-II appearing for the respondents submitted that the Government issued G.O.Ms.No.537, dated 17.09.2010, amending the ad hoc rules to the effect that extending the time from 30.06.2010 to 30.06.2011. He also submitted that as the Government has given time for filling up the backlog vacancies up to 30.06.2011, it is for the authorities concerned to issue notification and the petitioner to apply for the post as and when the notification is issued. Heard the learned counsel for the petitioner and the learned Government Pleader for Services-II appearing for the respondents and perused the material available on record. It is not in dispute that in pursuance of the policy decision taken by the Government, the first respondent issued notification on 07.01.2009 for filling up the backlog vacancies, in response to which, the petitioner applied for the post of Typist reserved for Scheduled Tribe but his application was rejected on the ground that he did not possess required qualification. At a later point of time, as he attained required qualification, he submitted representation to the first respondent seeking to consider his case for appointment to the post of Typist but the same was rejected on the point that he did not possess the required qualification as on 30.06.2009. Subsequently, to fill up the backlog vacancies, the Government issued G.O.Ms.No.360, dated 25.07.2009 extending the time limit up to 30.06.2010 and also G.O.Ms.No.537, dated 17.09.2010 extending the time limit up to 30.06.2011. Alleging that the authorities are not filling up the backlog vacancies, the petitioner filed O.A.No.6905 of 2011 before the Tribunal but he is unsuccessful. In the impugned order, the Tribunal observed as follows: “It is obvious that the applicant cannot be considered for the said posts, as he was not qualified for the said posts, as on the date of notification. His right is only to apply for the said post as and when a notification is issued. He has no right to ask the Government or the authorities to notify the vacancies. It is a prerogative right of the employer to fill up the posts by direct recruitment, by issuing a notification. No prospective candidate has a right to ask for filling up of a post. His right is only to apply for the same and ask for consideration whenever a notification is issued. So, no direction can be given to the respondents to further notify or fill up those vacancies. As the time is extended by the Government to fill up the backlog vacancies reserved for SCs/STs till 30.6.2011, the concerned authorities are at liberty to notify the said posts. I do not think, for that, additional permission is required. If the competent authority feels that permission is required, they may address the same. But, as already observed, no direction can be given. But, the applicant cannot approach the Tribunal repeatedly whenever time is extended for filling up the vacancies, without fresh notification. Such a course is abuse of process. This O.A. is third in succession. If he repeats, serious view will be taken and it may be good cause to impose exemplary costs.” Whenever there are vacant posts, it is for the Government to notify the same and when such vacancies are notified, it is for the applicants to respond to it. It is to be noticed that the Government issued G.O.Ms.No.537, dated 17.09.2010, extending the time for filling up backlog vacancies up to 30.06.2011. However, the petitioner has no right to ask the Government or the authorities to notify the vacancies, as rightly observed by the Tribunal in the impugned order. Further, the time for filling up the backlog vacancies reserved for SC/ST candidates, is available till 30.06.2011, as extended by the Government through G.O.Ms.No.537, as such, it is for the authorities concerned to take steps. For the aforesaid reasons, we do not find any infirmity in the impugned order. However, the first respondent is directed to take steps for filling up the backlog vacancies as referred to above, by 30.06.2011. Subject to the above direction, the writ petition is dismissed. No order as to costs. _________________________ GHULAM MOHAMMED, J ___________________ K.G.SHANKAR, J 22nd MARCH, 2011. kvni