HONOURABLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.18487 of 2011 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed assailing the validity and legality of the order, dated 24.11.2009, passed by the A.P. Administrative Tribunal, Hyderabad, in O.A.No.726 of 2006, whereunder and whereby the said O.A. was disposed of, holding that the applicants are entitled to be considered in open category in the order of merit and further, directed the respondents to examine the case of the applicants and if they come within the zone of consideration in order of merit, they shall be considered for appointment as Secondary Grade Teachers (for short ‘S.G.Ts’) (Urdu) according to the Rules. The said O.A. was filed by the respondents herein- applicants seeking to declare the action of the respondents in filling up the posts of S.G.Ts (Urdu) after de-reservation contrary to Memo No.38011/ serv.VI.A1/92, dated 29.11.1992 as illegal and arbitrary and consequently, to declare that the applicants are entitled for selection and appointment to the post of S.G.Ts (Urdu) on the basis of their merit in DSC-2003 notification with all consequential benefits. It is the case of the respondents 1 to 6 herein- applicants that they appeared for the examination of S.G.T. (Urdu) as local candidates pursuant to DSC-2003 notification; that though secured 50% marks, they were not given appointment orders as S.G.Ts (Urdu) on the basis of their merit, instead the unofficial respondents 5 to 7 therein, who secured lesser marks than them were appointed in the said posts. It is the further case of the applicants that once the Government de-reserved the said posts through the orders in G.O.Ms.No.45, in view of non-availability of S.G.T (Urdu), the said posts shall be allotted and adjusted proportionately to other categories by following the rule of reservation. It is the grievance of the applicants that writ petitioners, who are respondents 1 to 4 therein, instead of following the said rule, decided to allow 50% of 26 posts to be reserved for women, which is contrary to law. Learned Government Pleader for Services-I appearing for the writ petitioners contended that for the said S.G.T posts, which was notified for Scheduled Caste and Scheduled Tribe women candidates, as there were no SC or ST woman candidates available, after de- reservation it was allotted to only the woman candidates in the open competition and as such, respondents 7 to 11 herein were appointed. In that view of the matter, the order of the Tribunal finding fault with the said action of the writ petitioners in appointing the respondents 7 to 11 herein to the posts of S.G.Ts (Urdu) is not sustainable and the impugned order is liable to be set aside. Per contra, learned counsel appearing for respondents 1 to 6 contended that the Tribunal rightly relied upon the judgment, dated 15.09.2009, of this Court in W.P.No.27284 of 2007, wherein it was held that all the vacancies can be filled by the candidates selected on the basis of open competition after de-reservation of the posts, and disposed of the said O.A. It is to be seen that under DSC-2003 notification, 34 vacancies to the posts of S.G.Ts (Urdu) were notified. Pursuant thereto, it appears that the respondents 1 to 11 appeared in the said examination. Notwithstanding, the order of merit secured by the candidates in the said examination, against the posts reserved for the Scheduled caste and Scheduled tribe women, as no candidates were available, the Government issued a memo de-reserving the same. Subsequently, respondents 7 to 11 herein were appointed as S.G.Ts (Urdu), who were non-locals and have secured lesser marks than respondents 1 to 6, as alleged by respondents 1 to 6. In a similar case, wherein the issue involved in the present case has fallen for consideration, this Court in W.P.No.27284 of 2007, by an order, dated 15.09.2009, held as follows: - “In view of the above, it is clear that the unfilled posts earmarked for a particular category viz., women of S.C./S.T/B.C. or women of O.C., have to be filled by way of a limited recruitment and even after the limited recruitment, such candidates are not available, then all those vacancies can be filled by candidates selected on the basis of open competition, and after filling up the said such vacancies in the open competition, such as those vacancies filled with open competition may have to be filled up along with the posts fallen subsequently in the next recruitment.” In the instant case also, it is the case of the writ petitioners that as the S.C and S.T. women candidates were not available as against the S.G.Ts (Urdu) posts earmarked for them, it was diverted to open competition for women. However, in the light of the said decision of this Court referred to above, the said action of the writ petitioners cannot be held to be legal and lawful as per the A.P. State and Sub-Ordinate Service Rules, 1996. In the facts and circumstances of the case, and also in the light of the judgment of this Court in W.P.No.27284 of 2007, this Court is of the opinion that this writ petition can be disposed with a direction to the writ petitioners to re-consider and undertake the whole selection process and complete the same within a period of eight weeks from the date of receipt of a copy of this order, after giving notice to the individuals concerned. Subject to the above directions, the writ petition is disposed of. There shall be no order as to costs. ______________________________ JUSTICE GHULAM MOHAMMED ___________________________ JUSTICE K.G.SHANKAR​ 04th July 2011 DR