IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.20126 OF 2011 Date:18.07. 2011 Between:- E. Siddi Raju .. Petitioner And The Chairman and Managing Director, Singareni Collieries Company Ltd, Kothagudem and others. .. Respondents THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.20126 OF 2011 ORDER: This writ petition is filed seeking to issue a writ of Mandamus declaring Circular vide Ref.No.CRP/PER/C/025/1583, dated 23.06.2011, issued by respondent No.2 as illegal and arbitrary and consequently, direct the respondents to consider the petitioner’s case for the post of Under Manager/Safety Officer/Ventilation Officer (E2) as per the internal Circular vide Ref.No.CRP/PER/C/025/1964, dated 11.09.2007. 2. The petitioner has been appointed as a Badli Worker in the respondent organization in the year 1974. Subsequently, he underwent various promotions. He acquired Manager’s Second Class Certificate of Competency to manage a coal mine. While so, the respondents issued an internal circular, dated 11.09.2007, for filling up of vacancies in the cadre of Under Manager/Safety Officer/Ventilation Officer (E2). Though the petitioner secured more than 50% of marks, he was not appointed to the said post. When represented through the union leaders, he was informed orally that his case would be considered when vacancies arise. But, without considering the case of petitioner, the respondents issued fresh internal circular, dated 23.06.2011 for filling up of the posts of same cadre. Hence, the present writ petition. 3. Learned Counsel for the petitioner contended that the petitioner was qualified for the post of Manager (E2) as per the internal circular, dated 11.09.2007 and therefore, his case has to be considered in accordance with the regulations governing the service conditions of the post. 4. On the other hand, Sri N.Krishna Rao, learned Standing Counsel appearing for the respondents, contended that E2 post is a selection post whereunder written test and an oral interview will be conducted and basing on merit, ability and seniority, the person would be selected. 5. In view of the rival submissions, it is clear that the petitioner has no right to seek for appointment to the E2 post, which is a selection post. However, he has got a right to be considered for promotion, if he is otherwise eligible and qualified for that post. For that purpose, he has to compete the written examination and oral interview, and if he is qualified, then the case of the petitioner has to be considered by the respondents. Therefore, respondents are directed to consider the case of the petitioner, if he secures the highest marks in the written examination and oral interview for appointment to E2 post. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. ______________________ JUSTICE K.C.BHANU 18th July, 2011. AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.20126 OF 2011 Date:18.07.2011 AMD