IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD HON'BLE SRI JUSTICE P. DURGA PRASAD WRIT PETITION No.24541 of 2001 Date:09.12.2010 Between: A. Seetha Babu .....Appellant AND: Commissioner of Collegiate Education, Government of A.P., Hyderabad and others. ....Respondents. HON'BLE SRI JUSTICE P. DURGA PRASAD WRIT PETITION No.24541 of 2001 ORDER: The petitioner has filed this writ petition for issuance of a writ or order in the nature of Writ of Mandamus declaring the process of Selection in respect of notification published in Eenadu dated 01.09.2001 in respect of the backlog vacancy of Lecturer in Commerce issued by the 3rd respondent is arbitrary, illegal and to direct them to hold the selections in terms of G.O.Ms.No.214 dated 08.05.2001. The main contention of the petitioner is that he passed M.Com with 55.17% and M.Phil with 70.6% and having teaching experience of 4 years and 4 months having been worked in Rajeev Gandhi Degree College from August, 1995 to December, 1999 besides possessing the State Level Eligibility Test for Lecturership (SLET) and he is eligible to be considered for the post of Lecturer in Commerce in all respects of backlog vacancy including the post of Lecturer in Commerce reserved for SC ( C ) category. The said notification stipulates percentage of above 55.17% in Post Graduation. Therefore, the notification itself is arbitrary. For the post of Degree College Lecturer that is not the necessary qualification. The Government of Andhra Pradesh published revised norms dispensing with the interview for the backlog vacancies and in the light of that prescribed marks have to be awarded to various inputs and then the decision is to be taken. Thus, the notification and the process of interview is contrary to G.O.Ms.No.214 dated 08.05.2001. The petitioner has not received the call letter but others have received the call letters fixing the date of interview on 29.11.2001. Therefore, the petitioner is questioning the notification issued by the 3rd respondent and also not calling him for the interview. The counter was filed on behalf of the respondents 1 and 2 specifically pleading in paragraph No.3 that after identification of backlog posts in aided institutions as per the roster registers all the managements were instructed to fill up aided vacancies to the extent of backlog SC/ST points. Government issued guidelines for the recruitment of Lecturers vide G.O.Ms.No.214 Dated 08.05.2001. Government instructed that the process of recruitment and approval of appointments of SC/ST vacancies should be completed with in a stipulated period. Further, to avoid any kind of malpractice and favouritism in the selections, Government instructed that the selection should be made basing on the marks obtained in P.G., besides preference given to the NET/SLET candidates or candidates having M.Phil/Ph.D prior to 31.12.1993. It is further pleaded in the counter that the petitioner who was among the candidates who again applied for the post of Lecturer in Commerce after the third respondent College cancelled all the earlier notifications was called for the interview held on 26.03.2002 and was placed 6th position in the order of merit as per the marks based in the Post Graduation. and that the interview scheduled on 01.09.2001 was cancelled and the post was advertised again and the petitioner herein appeared for the interview that was conducted subsequently but he was un-successful. The petitioner has not filed any reply to the said counter denying the said averments. Therefore, from the above said averments in the counter, it is evident that the earlier notification issued by the 3rd respondent was cancelled and fresh notification was issued and the petitioner applied for the said post and he was called for the interview on 26.03.2002 and he was placing 6th position in the order of merit as per the marks based on the Post Graduation Degree, but he was unsuccessful candidate. Therefore, the petitioner having appeared for the subsequent interview and being unsuccessful candidate and as the earlier notification which is being questioned by the petitioner was also cancelled by the respondent, the petitioner is not entitled for any reliefs as prayed for. Accordingly, the Writ Petition is dismissed. No order as to costs. ______________________ P. DURGA PRASAD,J December 09, 2010 GK. THE HON'BLE SRI JUSTICE P. DURGA PRASAD WRIT PETITION No.24541 of 2001 Date: 09.12.2010 Gk.