THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.5955 of 2011 ORDER: The Regional Manager, A.P.S.R.T.C., Warangal, respondent No.2 herein, issued a notification on 01.11.2010 inviting applications for the post of Shramiks in the region. The petitioner holds the qualifications that are stipulated by respondent No.2 and he belongs to B.C-B category. A written test was conducted and interviews were held. The petitioner was awarded 78.93 marks. However, he was not selected. A candidate with 79.43 marks was appointed as Shramik against a vacancy reserved in favour of B.C-B candidates. The petitioner submits that after the selection list was displayed, 8 candidates have not joined the duty for variety of reasons. Now, his grievance is that his case is not being considered for the existing vacancies. On behalf of the respondents, it is stated that the merit list was acted upon and once the selections are made, the list lapsed. According to them, the resultant vacancies, if any, would be notified in future date. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. It is only in the recent past, that the selection process was taken up. The petitioner secured 78.93 marks. It is no doubt true that he did not stand for selection on account of the fact that a candidate with 79.43 marks was selected in B.C-B category. If the matter was to end there, the petitioner cannot have any genuine grievance. It is not in dispute that as many as 8 candidates did not join and there are that number of vacancies. It is not uncommon that if some candidates, who are shown in the merit list, do not join the post. In such an event, the employer is under obligation to select the persons who are immediately next, in the merit list. Not only no prejudice would be caused to the organization, but also it would be spared of the ordeal to undertake the process once again if, such a course is adopted. The endeavour should be to ensure that the notified posts are filled up, than to stand on technicalities. It is not as if the petitioner is approaching this Court years after the selection became final. Strictly speaking, the selection cannot be said to have become final till all the notified posts are filled through the candidates that figure in the merit list. Hence, the writ petition is allowed and the respondents are directed to consider the case of the petitioner for appointment as Shramik against any vacancy that was notified in the notification, dated 01.11.2010; in case any candidate with less number of marks than him either in B.C-B category or in the general category, are selected. This exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:12.09.2011 kdl