IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 1027 of 2005 Between: R. Venkatesh S/o R. Krishna R/o Kambalapuram Villge, Pebbara Mandalam Sri Rangapuram Post, Mahaboobnagar District, Presently R/o 2-22, 78/1, V.V. Nagar colony Kukatpally, Ranga Reddy District ..... PETITIONER AND 1 The Director General of Medical Service (Army) 3(B) Government of India, Adjutant General Branch, Army Head Quarters, L-Block, New Delhi 2 DDMS Area, Government of India, Head Quarter, ATNK&K, Area (MED), Island Grounds, Chennai-09 3 Y. Ravi Kumar S/o Venkateswara Rao H.No. 9-1-223/1, Ramdaspura, Langarhouse, Hyderabad, Permanent Address Guntur District. .....RESPONDENTS 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 issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.1 Keeping the pending of appointment of cook post in spite of fulfilling the conditions given in the advertisement and the interview was also completed and the Police Verification, Medical fitness also completed the Respondent No.1 ought to have appointed the petitioner immediately without calling any other candidates including the Respondent No.2 for one post of cook. Counsel for the Petitioner:MR.CHAYANAM RAVINDRANATH Counsel for the Respondent Nos.1 and 2: MR.A.RAJASHEKAR REDDY (SC FOR CG) Counsel for the Respondent No.3: None appeared The Court made the following : ORDER: The petitioner filed this writ petition seeking a writ of Mandamus to declare the action of the 1st respondent in keeping the appointment of cook post pending, though he has fulfilled the conditions, as illegal and arbitrary. None appears for the petitioner in the forenoon and in the afternoon today. Heard the learned counsel for the respondents. The learned counsel for the respondents contended that as per the earlier notification, the petitioner was selected for the post of cook and has been kept under reserve at serial No.3. If the candidates appearing at serial Nos.1 and 2 do not come then only he is eligible for appointment. The respondent No.3 stood first in the selection process. The selection process in not under challenge. The seniority list, as prepared by the 1st respondent, is not under challenge. Therefore, the Writ Petition is totally devoid of merit and the same is, accordingly, dismissed. ____________ K.C.BHANU, J. Dated 31-01-2005. SKMR To 1 The Director General of Medical Service (Army) 3(B) Government of India, Adjutant General Branch, Army Head Quarters, L-Block, New Delhi. 2 DDMS Area, Government of India, Head Quarter, ATNK&K, Area (MED), Island Grounds, Chennai-09 3.2CD copies