IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 2341 of 2009 Between: M. Narasimha Reddy S/o. M. Vasudeva Reddy Government High School, Rayachoti (M), Kadapa District ..... PETITIONER AND 1 The State of Andhra Pradesh, rep. by its Principal Secretary School Education Department, Secretariat, Hyderabad. 2 The Regional Joint Director of School Education, Kadapa, Kadapa District. 3 The District Educational Officer, Kadapa District, Kadapa. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to pass orders particularly one in the nature of Mandamus declaring the non interference of the Hon'ble A.P. Administrative Tribunal in O.A.No.920/2009 on action of the 3rd respondent in including the names of ineligible persons in the provisional seniority list of School Assistants with malafide intention of confirming the same without allowing any objections and the impugned orders of the Govt. in G.O.Ms.No.20, Edn. dt. 27.1.2009 to suit the inclusion of ineligible candidates as arbitrary, illegal, discriminatory, ultra vires, contrary the A.P.State and Subordinate Services Rules, and violative of Art. 14, 16 and 21 of the Constitution of India and consequently set aside the G.O.Ms.No.20, Edn. dt. 27.1.2009 and direct the respondents to consider for promoting the petitioner as Head Master as per the Staturory Rules framed under G.O.Ms.No.10, Edn. dt. 23.1.2009 grant such other relief Counsel for the Petitioner:MR.KASAJAGANMOHAN REDDY Counsel for the Respondent No.: GP FOR EDUCATION The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed challenging the order dated 29.01.2009 passed by the A.P.Administrative Tribunal, Hyderabad in O.A.No. 920 of 2009, wherein the Tribunal while admitting the O.A issued notice to the respondents therein returnable in four weeks and directed that any promotions made shall be subject to the result of the O.A. The learned counsel appearing for the petitioner vehemently contended that ineligible candidates have been included in the final seniority list and only four hours time was given for filing objections with regard to provisional seniority list. We have heard the learned counsel appearing for both sides and also perused the impugned order. When once the Tribunal is seized of the matter and there is no decision rendered on merits, it is not desirable for this Court to determine the rights of the parties. Hence, we are not inclined to entertain this Writ Petition and the same is liable to be dismissed. Accordingly, the Writ Petition is dismissed. However, we direct the Andhra Pradesh Administrative Tribunal to dispose of the matter as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ SANJAY KUMAR , J Dt. 13.02.2009 KA Note: Office is directed to communicate this order to the Registrar, Andhra Pradesh Administrative Tribunal, Hyderabad. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The State of Andhra Pradesh, rep. by its Principal Secretary School Education Department, Secretariat, Hyderabad. 2 The Regional Joint Director of School Education, Kadapa, Kadapa District. 3 The District Educational Officer, Kadapa District, Kadapa. 4 2 CCs to G.P.for Services-1, High Court of A.P. Buildings, Hyderabad OUT 5. 2 CD copies