HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE N. RAVI SHANKAR WRIT PETITION NO. 27589 OF 2010 Between: The Government of Andhra Pradesh represented by its Secretary Education Department and three others ………….Petitioners AND N. Ramachandram S/o Narsaiah and one another ………….Respondents ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed in the nature of Writ of Certiorari calling for the records relating to and connected with the order dated 30.6.2010 passed in O.A.No. 11975 of 2009 by the Andhra Pradesh Administrative Tribunal, Hyderabad and quash the same as illegal. First respondent herein filed the O.A under Section 19 of the Administrative Tribunal Act, 1985 to declare the action of the respondents in preparing the select list of DSC 2008 for the posts of School Assistants (English) in Karimnagar District contrary to the selection rules issued in G.O.Ms.No. 8 GAD, dated 8.1.2002 thereby denying the opportunity of the applicant for selection and appointment to the said post, as illegal and arbitrary. That O.A was allowed with the following observation: “In view of the above adjustment being made, the applicant and one Middoddy Koteswar will be entitled to be appointed in other two vacancies of reserved BC-A category. Therefore, the respondents shall issue appropriate orders by appointing the applicant against the vacancy which occurred when three rank holders 5,10 and 25 are adjusted in open category and pass consequential orders within four weeks from the date of receipt of a copy of this order.” Aggrieved by the same, the present Writ Petition is filed by the Government. The learned Government Pleader for Services-I contended that the Tribunal has committed a serious error in allowing the O.A. He also stated that as per the instructions of the Government from time to time out of 125 vacancies notified 33 vacancies are earmarked to OC general and 7 vacancies BC-A general. Under 20% unreserved vacancies, 7 vacancies are earmarked to OCs and 2 vacancies are earmarked to BC-A general. Similarly under 8% local 26 are earmarked to OC general and 5 vacancies are earmarked to BC-A general. Thus 7 BC-A candidates were selected against 20% and 80%, under BC-A group. The last candidate Sri N. Sridhar under 80% local BCA got 62 marks with 151 rank whereas, the first-respondent applicant BC-A local got 61 marks with 167 rank and therefore not selected for the post of School Assistant (English) in DSC-2008. Heard the learned counsel appearing for both sides and also perused the entire material made available on record. We have perused the order impugned in question. The main grievance of the first respondent-applicant is that the rank holders 5,10,25, who belong to BCA category who come on merit can be adjusted in Open Category posts, which have been shown under 20% Open Category and two vacancies are to be filed up with the applicant and other person. On the other hand, the learned Government Pleader submits that the last candidate Sri N. Sridhar under 80% local BCA got 62 marks with 151 rank and the first respondent-applicant BCA local got 61 marks with 167 rank and therefore, not selected for the post of School Assistant (English) in DSC-2008. But the Tribunal without considering all those aspects straight away directed the petitioners herein to issue appropriate orders by appointing the applicant-first respondent against the vacancy, which occurred when three rank holders 5,10,25 are adjusted in Open Category as they come on merit. Therefore, the Tribunal has committed serious error in giving positive direction directly directing the respondents therein. Hence, the order passed by the Tribunal is liable to be quashed. Accordingly, the order dated 30.6.2010 passed by the Andhra Pradesh Administrative Tribunal in O.A.No. 11975 of 2009, is quashed. However, it is open for the petitioners herein that the case of the first respondent may be considered in accordance with law provided if there are vacancies. Accordingly, the Writ Petition is allowed. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J _______________________ N. RAVI SHANKAR, J DATE: 08.12.2010 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.