IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 26890 of 2008 Between: P. Shataz, GDSBPM. W/o. Mahaboob Pasha Residing at Panjani Satram (V), Pedda Panjani Mandal, Chittoor District. ..... PETITIONER AND 1 Post Master General Kurnool. 2 Sr. Superintendent of Police Offices Chittoor. 3 Inspector of Posts Palamaner Chittoor. 4 Arikela Purshothama Raju S/o. Sree Hari Raju Panjani Sathram (V), Pedda Panjani (M), Chittoor District, A.P. .....RESPONDENTS 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 issue any appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the orders passed in O.A.No. 550/2006 dated 17-10-2008 on the file of Central Administrative Tribunal and consequently set aside the same. Counsel for the Petitioner:MR.SURESH KUMAR REDDY KALAVA Counsel for the Respondent Nos.1 to 3: MR.S.S.VARMA (ADDL CGSC) Counsel for the Respondent No.4: None The Court made the following : THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 26890 of 2008 Order: (per Hon’ble Sri Justice Ghulam Mohammed,J) Aggrieved by the order of the Central Administrative Tribunal, Hyderbad Bench, Hyderabad in O.A. No. 550 of 2006, dated 17.10.2008, the petitioner filed the present writ petition. The facts in brief are that the respondent-authorities issued a notification on 18.7.2006 inviting applications from the eligible candidates for selection to the post of Gramin Dak Sevak Branch Post Master (GDS BPM). Pursuant to the same, the petitioner and the 4th respondent herein have submitted their applications. The respondent-authorities through proceedings dated 15.9.2006 appointed the petitioner herein as Gramin Dak Sevak Branch Post Master (GDS BPM) of Panjani B.O. in Chittoor District, while rejecting the case of the 4th respondent herein on the ground that he submitted his application by way of ordinary post. Assailing the said order, the 4th respondent filed O.A. No. 550 of 2008 before the Tribunal. Before the Tribunal, the respondent-authorities filed a counter affidavit stating that the last date for receipt of the applications was fixed as 17.8.2006 and the date of opening of sealed covers was fixed as 26.8.2006. It is further stated that in response to the notification, 32 applications were received and out of them only two applications were received by ordinary post and three applications were received after the last date and as per Clause 3(1) of the notification, all the applicants should submit their applications only by Registered Post and in the instant case since the 4th respondent has sent his application by ordinary post, he was not considered for selection. The Tribunal having heard the learned counsel for the parties and having perused the material on record, while relying on an earlier order passed by it in O.A. No. 784 of 2005, dated 27.6.2007 and the order of this court in Writ Petition No. 17638 of 2007, dated 21.8.2007, allowed the O.A. by setting aside the selection. Aggrieved, the petitioner who is 4th respondent in the said O.A. filed the present writ petition. Learned counsel for the petitioner would contend that since the 4th respondent herein has sent his application by way of ordinary post, the respondent-authorities rejected his application. He further contends that when there is a clear mention in the notification that the applicants have to send their applications by Registered Post, the 4th respondent, on the contrary, sent the same by ordinary post and in such circumstances, the authorities were justified in rejecting the application of the 4th respondent. He, therefore, submits that the Tribunal ought not to have allowed the said O.A. by setting aside the selection. There is no dispute about the fact that the respondent-authorities issued a notification inviting applications from eligible candidates to the post of Gramin Dak Sevak Branch Post Master (GDS BPM), prescribing the last date for receipt of the applications as 17.8.2006. Undisputably, the respondent-authorities rejected the case of the 4th respondent herein on the ground that he had submitted his application by ordinary post. Merely because the 4th respondent had sent his application by way of ordinary post, the respondent-authorities were not justified in rejecting his case. That apart, when a similar issue fell for consideration before this Court in Writ Petition No. 17638 of 2007, through order dated 21st August, 2007, this Court disposed of the said writ petition observing thus: The respondents-authorities are directed to call for the interview of all the persons, including the applicant as well as the 3rd respondent-writ petitioner who have attended the interview conducted on 20.6.2005, by constituting a separate selection committee, on a date as fixed by the authorities. Such a process of selection shall be completed within a period of two (2) months from the date of receipt of a copy of this order. It is needless to observe that the selection of the candidate shall be meritorious and subject to fulfillment of all the requirements. Since the issue raised in this writ petition is also substantially similar, the Tribunal while following the said judgment of this Court in Writ Petition No. 17638 of 2007, allowed the O.A. impugned in this writ petition by setting aside the selection and directed the respondent-authorities to call for interview of all the persons who have attended the interview on 28.8.2006 including the 4th respondent and the petitioner herein. It also directed the respondent-authorities to constitute a separate selection committee for scrutinizing the applications and the originals of all the candidates who appeared for the said interview and complete the selection process within a period of two months and who ever is meritorious among them shall be selected subject to fulfillment of all the other requirements. That apart, against the aforesaid judgment of the Division Bench of this Court in W.P. No. 17638 of 2007, an S.L.P. was preferred before the Supreme Court and the Supreme Court while confirming the judgment of this Court in the said writ petition, dismissed the appeal. In the circumstances, we do not find any reason to interfere with the order of the Tribunal. The writ petition fails and it is accordingly dismissed. No costs. _______________________ GHULAM MOHAMMED,J DATE: 10th December, 2008 ________________________ B. SESHASAYANA REDDY,J pnb