THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.1613 of 2010 JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) This writ petition in the form of Public Interest Litigation is filed for issuance of a mandamus declaring the action of the respondents in not filling up 26 vacancies of School Assistants subject-wise (Urdu Medium) and 66 Secondary Grade Teachers (Urdu Medium) by de- reserving all the posts shown under roster point (backlog vacancies) under D.S.C 2008, as illegal and arbitrary. It is stated that the petitioner-United Muslim Youth Society was registered for the welfare of the Muslim Community and to fill up teacher vacancies for the Urdu Medium Schools. It had submitted a representation to the Secretary, District Legal Services Authority, Medak at Sangareddy, and the same was registered as F.P.No.111/2009. The said authority called for remarks from the fourth respondent-District Educational Officer, Medak vide Lr.Dis.No.1672/1, dated 07.11.2009. The fourth respondent submitted his remarks vide letter dated 20.11.2009 stating that out of 48 vacancies of School Assistants (Urdu Medium) only 21 posts were filled up and the remaining 26 vacancies were shown as backlog vacancies i.e., reserved for SC, ST, BC and Ex-Servicemen, and that since no eligible candidates are available under roster point, the same were not filled up. It is stated that the respondents have not followed the guidelines issued by the Government in G.O.Ms.No.112, Secondary Education (Genl.II) Department, dated 06.10.2009. It is further stated that the Government issued instructions vide G.O.Ms.No.21, Education (SE.Ser.VI) Department, dated 12.02.2008 permitting the Director of School Education, Hyderabad to fill up Urdu Teacher posts of various categories of School Assistants in all the Districts in the State in DSC- 2006 reserved for SC/ST/BC/Woman with open category candidates duly de-reserving the same. But, the same has not been adhered to in filling up the vacancies. It is well settled that unless the recruitment rules so indicate, the State is under no legal duty to fill up all or any of the vacancies, but the decision not to fill up has to be taken bona fide for appropriate reason but not in an arbitrary manner. Since the filling up of the vacancies depends upon the financial constraint, and in the absence of any indefeasible rights conferred on the petitioner to insist that all the vacancies should be filled up, no mandamus can be issued directing the respondents to fill up the vacancies in a particular manner. However, it is made clear that as and when the respondents are intended to fill up the vacancies, and if required number of candidates under the respective reserved categories are not available, they are under obligation to follow the guidelines issued under G.O.Ms.No.112, dated 06.10.2009 for de- serving the said vacancies and to fill up them categorically. With the above observation, the writ petition is disposed of. There shall be no order as to costs. A. GOPAL REDDY, J K.C.BHANU, J Date: 14.07.2010 va