IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.22949 OF 2009 Dt.14.12.2009 Between: P. Jayaprakasa Rao … Petitioner And The State of Andhra Pradesh, Represented by its Chief Secretary Secretariat, Hyderabad and others … Respondents Counsel for the Petitioner: Sri B. Mahender Reddy Counsel for Respondent Nos.1 and 2: G.P. for General Administration Counsel for Respondent No.3: Sri N. Ashwani Kumar for the Advocate General Counsel for Respondent No.4: Sri M. Vijay Kumar THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.22949 OF 2009 ORDER: (per the Hon’ble Sri Justice C.V. Nagarjuna Reddy) In this Writ Petition, the grievance of the petitioner, who filed this Writ Petition in public interest, is that the respondents have not been implementing the policy of the Government in excluding the creamy layer while implementing the reservations with regard to public employment. Respondent No.3 filed a counter affidavit, wherein it has been stated inter alia as under: “On the basis of the recommendation of the Cabinet Sub- Committee, Government issued G.O. Ms.No.3, dated 4.4.2006 adopting the criteria framed by the Union of India in this regard for determining the creamy layer amongst backward classes as fixed by the Government of India, except annual income limit which is fixed at Rs.4 lakh per annum in the State of Andhra Pradesh. The said G.O. Ms. No.3, dated 4.4.2006 is in operation as on date. Recently, the State Level Police Recruitment Board has issued notifications for recruitments to the posts of Stipendiary Cadet Trainee (SCT) Police Constables (Civil/AR/APSP) etc., and Stipendiary Cadet Trainee (SCT) Sub-Inspectors of Police (Civil/AR/APSP) etc. While issuing notifications, State Level Police Recruitment Board (SLPRB) has incorporated the creamy layer under B.C. Category and selections were completed accordingly duly following G.O. Ms. No.3, Backward Classes Welfare (C2) Department, dated 4.4.2006. 16,956 posts of Police Constables and 1661 posts of Sub-Inspectors were filled as per that notification. Further, vide G.O. Ms. No.23, Backward Classes Welfare (C2) Department, dated 7.7.2007, Government issued orders including the identified socially and educationally backward classes of Muslims as Category-E in the list of Backward Classes in addition to the existing A, B, C & D categories of Backward Classes for providing 4% reservation for admissions in Educational Institutions and for appointments to the posts in Pubic Services under the State and exclusion of creamy layer amongst groups covered by the category-E is undertaken in terms of G.O. Ms. No.3, dated 4.4.2006.” At the hearing, Sri B. Mahender Reddy, learned Counsel for the petitioner, submitted that though the respondents have come out with the plea as referred to above, in reality, they have not been excluding the creamy layer. But, no instances have been cited by the learned Counsel in support of his contention. Having regard to the categorical assertion made by respondent No.3 in the counter affidavit, as extracted above, we have no reason to believe that the respondents have not been excluding the creamy layer while implementing G.O. Ms. No.3, dt.4.4.2006. Therefore, while placing on record the above-mentioned assertion of the respondents, the Writ Petition is disposed of with liberty to the petitioner to avail appropriate remedy as and when the respondents fail to implement G.O. Ms. No.3, dt.4.4.2006, in particular cases, in future. As a sequel to disposal of the Writ Petition, W.P.M.P. No.29799 of 2009, filed by the petitioner for interim relief, is disposed of as infructuous. ______________ ANIL R. DAVE, CJ ______________________ C.V. NAGARJUNA REDDY, J 14.12.2009 bnr