HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.6942 of 2010 Date: April 7, 2010 Between: Md. Khaja Hussain, S/o. Shaik Hussain, aged about 37 years, R/o.H.No.2-4-7, Near Masjid, Jammikunta, Karimnagar District … Petitioner And Northern Power Distribution Co. of Andhra Pradesh Ltd., Corporate Office at Warangal, represented by its Managing Director, and two others … Respondents Order: This writ petition is filed seeking Mandamus declaring the action of the respondents in not selecting the petitioner for the post of Junior Lineman as illegal and arbitrary. The respondents-Northern Power Distribution Company of A.P. Ltd., issued notification to fill up 398 posts of Junior Lineman on contract basis in Karimnagar Circle. When the candidature of the petitioner was not considered, he filed W.P.No.8186 of 2007 before this court and by order dated 19-04-2007, this court directed the respondents to consider his case and pass a speaking order. In the light of the directions issued by this court, respondents issued proceedings dated 21-01-2008 in Lr.No.SE/OP/KNR/PO/JAO/ADM/D.No.2300/07. In the said proceedings, it is stated that out of 398 posts notified 333 posts were filled up with contract Junior Linemen vide proceedings dated 16-11-007 and 18-12-2007. It is stated that remaining 65 posts of contract Junior Lineman would be filled up with fresh candidates on the basis of merit. The grievance of the petitioner is that, by changing the selection criteria, respondents have filled up the remaining posts without considering his candidature. On instructions, it is submitted by the learned standing counsel appearing on behalf of the respondents that remaining 65 posts of Junior Lineman were filled up as per the marks secured by the candidates in the qualifying examination, i.e. I.T.I. It is stated that the last candidate who got selected secured 82.3% marks, whereas the petitioner has secured only 74.6% marks; thus the petitioner could not be selected. It is to be seen that in pursuance of the directions of this court in W.P.No.8186 of 2007, dated 19-04-2007, respondents issued proceedings dated 21-01-2008 stating that out of 398 posts notified, 333 posts were filled up with contract Junior Linemen vide proceedings dated 16-11-007 and 18-12-2007. It is stated that remaining 65 posts of contract Junior Lineman would be filled up with fresh candidates on the basis of merit. As stated hereinabove, on instructions, it is submitted by the learned standing counsel appearing on behalf of the respondents that selections were made to remaining 65 posts of Junior Lineman on the basis of percentage of marks secured in the qualifying examination, i.e., I.T.I.; and, the last candidate selected secured 82.3% marks, whereas the petitioner secured only 74.6% marks and therefore the petitioner was not selected. It is further stated that, as alleged by the petitioner, there is no fault in the selection criteria. It is to be noted that all the vacancies are filled up and the petitioner has not questioned the appointments of any of the selected candidates. When merit is made the criteria for selection, the petitioner, who has secured lesser marks than the last candidate who was selected, is not entitled to the relief prayed in the writ petition and it cannot be said that the selection process undertaken by the respondents is illegal. The writ petition is liable to be dismissed and is accordingly dismissed. No order as to costs. _____________________ (R. SUBHASH REDDY, J) April 7, 2010 MRR