IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 21930 of 1999 Between: D.Venkateswara Rao S/o. Seetharama rao O/o.Commissioner of Handlooms & Textiles BRK Bhavan , Hyderabad R/o.Hyderabad. ..... PETITIONER AND 1 A.P.Administrative Tribunal Rep byits Registrar Hyderabad. 2 The Sate Of A.P Rep by its Secretary General Admn. Services Dept., Secretariat , Hyderabad. 3 The Commissioner of Land Revenue Govt of A.P, Hyderabad/ 4 The Commissioner of Commercial Taxes M.J.Road , Nampally , Hyderabad. .....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 May be pleased to issue a writ , order or direction especially one in the nature of writ of Certiorari calling for the records of the order Dt: 20-3-1998 in O.A.No.3853/1996 and quash the same and further declare that petitioner entitled to be appointed as Assistant Commercial Tax Officer in the Vacncy available due to non-joining of K.Manuja Devi and pass such other order or orders. Counsel for the Petitioner:MR.M.SURENDER RAO Counsel for the Respondent No.: . The Court made the following : HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE C.V.RAMULU Writ Petition No.21930 of 1999 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition seeks to quash the order dated 20-3-1998 passed in O.A.No.3853 of 1996 on the file of Andhra Pradesh Administrative Tribunal. 2. The details necessary for deciding the writ petition are that pursuant to the Notification No.8 of 1990 issued by Andhra Pradesh Public Service Commission, the petitioner was appointed in the post of Assistant Development Officer, Office of the Commissioner of Handlooms and Textiles, Hyderabad. The petitioner claims that he is entitled to be appointed in the post of Assistant Commercial Tax Officer (ACTO) in order of preference as Smt. K.Manuja Devi did not join in that post after her selection. When he was not appointed as ACTO, he filed O.A.No.3853 of 1996, which was disposed of by the Tribunal vide impugned order. Hence, this writ petition is filed by the applicant. 3. Learned counsel for the petitioner contended that the petitioner ought to have been appointed as ACTO in place of Smt. K.Manuja Devi, as she did not join in that post. 4. Even according to the petitioner, he belongs to Zone-V. It is not disputed that the post of ACTO is earmarked for women and Dr. K.Manuja Devi has not joined in the said post. Further, the vacancy arising out of non-joining of Dr. K.Manuja Devi has to be filled by a woman only. In fact, the Tribunal has directed the official respondents to consider the case of the petitioner and the operative portion of the impugned order reads as under: “Thus, in view of the above referred discussion and the decision of this Tribunal in O.A.4243/96 and batch dt. 13-08-97, the respondents are directed to see whether there are any women candidates in Zone-V for consideration to the post of ACTO, which has fallen vacant due to non-joining of Dr. K.Manuja Devi, and if there is no women candidate and if the applicant is No.1 in the merit in OC category in Zone-V, his case may be considered for posting as ACTO in that vacancy.” In view of the above, the right and interest of the petitioner are adequately safeguarded and we are not inclined to interfere with the impugned order in exercise of writ jurisdiction under Article 226 of the Constitution of India. The writ petition is liable to be and is accordingly dismissed. No order as to costs. __________________________ GHULAM MOHAMMED, J. ___________________ C.V.RAMULU, J. 18-06-2008 bsc ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRR}