HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.26438 OF 2009 Dt.4.12.2009 Between: Dr.B.Srinivasa Murthy .. Petitioner And The Government of Andhra Pradesh Rep. by its Principal Secretary, Department of Higher Education, Secretariat, Hyderabad and others .. Respondents HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.26438 OF 2009 ORDER: (per Sri Justice Vilas V. Afzulpurkar) This writ petition is directed against the order of the A.P. Administrative Tribunal in O.A.No.5068 of 2005, dated 18.8.2009, whereby the Tribunal dismissed the O.A. The facts, in brief, are that the petitioner is working as Part-time Junior Lecturer in the Department of Medical Lab Technician (Vocational Course) in the 4th respondent college. In terms of the policy of the Government, the said post was to be filled up on contract basis and notification for that purpose was invited. The petitioner approached the Tribunal seeking to declare the action of the 4th respondent in filling up the said post on contract basis, ignoring the claim of the petitioner as illegal. An advertisement was given in the newspapers on 8.6.2005 and the said recruitment was to take place in accordance with the policy of the Government. Before the Tribunal the respondents filed counter bringing to the notice of the Tribunal that the petitioner himself was not willing to convert into contract system and did not opt for the said conversion. It is also mentioned in the counter that the petitioner is a local doctor practicing at clinics in Rayachoti town and obviously he has not given consent so as to continue his private practice as well as enjoying Government job. The Tribunal considered the aforesaid contentions and was of the view that no legal right of the petitioner is infringed and accordingly dismissed the O.A. In this writ petition, the learned counsel for the petitioner placed strong reliance in sub-clause (5) of para 3 of G.O.Ms.No.101, Higher Education (IE.I) Department, dated 29.7.2006, and contends that no such opportunity is given to the petitioner and he could have been continued on contract basis. The aforesaid contention cannot be accepted in view of the fact that in the counter affidavit filed by the respondents it is specifically stated that the petitioner never opted to get converted on contract basis. The respondents therefore were justified in ignoring his claim and filling the said post on contract basis in terms of the policy of the Government. Therefore, the order of the Tribunal does not warrant any interference by this Court under Certiorari jurisdiction. The writ petition is accordingly dismissed. ________________ V.ESWARAIAH, J. _________________________ VILAS V. AFZULPURKAR, J. 4.12.2009 kpr