THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.5216 of 2000 ORDER : (Per the Hon’ble Sri Justice Goda Raghuram) -- Heard the counsel for the Petitioner and the Government Pleader for Service-I for the Respondents. The petitioner assails proceedings, dated 10-12-1998, whereby the fourth respondent communicated that the petitioner is ineligible for appointment as Vidya Volunteer since he crossed 35 years of age. The petitioner was appointed as Vidya Volunteer by Proceedings, dated 30-11- 1998. Initially, the petitioner filed O.A.No.9122 of 1998 before the Andhra Pradesh Administrative Tribunal for the self-same relief as presented here. By the Judgment, dated 04-11-1999, the learned Tribunal, however, dismissed the O.A. on the ground that it is not maintainable, in view of the earlier decision of the Tribunal in O.A.No.65 of 1999, dated 05-01-1999. Hence, the petitioner has approached this Court. In a counter-affidavit, the third respondent contends that as the petitioner had crossed 35 years of age, he is not eligible for selection and appointment as Vidya Volunteer. The petitioner does not contest this position. Neither the petitioner nor the respondents have chosen to place before this Court any statutory Rules or other legal instruments on the basis of which the petitioner claims validity of his appointment as Vidya Volunteer and the respondents contend that persons beyond the age of 35 years are unqualified to be appointed as Vidya Volunteer. As the respondents’ contention that persons beyond the age of 35 years are not qualified to be appointed as Vidya Volunteers is not challenged or rebutted by the petitioner in any subsequent pleadings, on the principle of non-traverse the contention of the respondents that persons beyond the age of 35 years are not qualified to be appointed as Vidya Volunbteers must be inferred as the correct legal position. On the aforesaid premise, the petitioner has no merits for grant of relief as sought in this Writ Petition. The Writ Petition is accordingly dismissed but under the circumstances, without costs. _____________________ GODA RAGHURAM , J. _________________ NOUSHAD ALI, J. 11th March, 2010. skmr THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.5216 of 2000 Date : 11-03-2010 Between : Shaik Mahaboob Subhani .. Petitioner And The District Collector-cum-Chair Person, School Education Committees, Guntur District and four others .. Respondents