IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE ELEVENTH DAY OF APRIL TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO. 9190 of 2011 Between: K.Swamy Gound and others. …PETITIONERS AND The APSRTC and another ....RESPONDENTS The Court made the following : THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO. 9190 of 2011 O R D E R: This Writ Petition has been filed under Article 226 of the Constitution of India to declare the action of the respondents in rejecting the petitioners claim for appointment as Shramiks on the ground that the petitioners have not submitted the Provisional National Apprentice Certificate along with the applications, as arbitrary and illegal and consequently set aside the same with all consequential benefits including appointment as Shramiks. 2. In pursuance of the notification, dated 01.11.2010, issued by APSRTC calling for the applications from the suitable and eligible candidates for the post of Shramiks, the petitioners applied for the said post. After verification of qualifications and certificates, the respondents sent call letters to the petitioners to appear for interview for the post of Shramiks on 18.01.2011. Thereafter, the petitioners appeared for the interview on respective date before the Selection Committee, and the Selection Committee also satisfied with the qualifications and the certificates produced by the petitioners. But, subsequently the petitioners were orally informed that their claims were rejected on the ground that they have not produced the Original Provisional National Apprenticeship Certificate along with the applications. 3. On instructions by this Court, the learned counsel for the petitioners contended that the Original Provisional National Apprenticeship Certificates have been produced before the Selection Committee, therefore, the case of the petitioners ought to have been considered. 4. On the other hand, learned Standing Counsel for APSRTC contended that in the call letters, they asked the candidates to produce the Original Provisional National Apprenticeship Certificates, proof of date of birth certificates, apprenticeship certificates etc., but the original provisional National apprenticeship certificates have not been produced. 5. According to the learned counsel for the respondents, the petitioners have not produced the Original Provisional National Apprenticeship Certificates issued by the competent authority, but they have produced Provisional National Apprenticeship Certificates, which are not original certificates. Therefore, as the petitioners have not acted in accordance with call letters given by APSRTC, their applications were rejected. Now, the recruitment is also over. At this stage, the entire selection process cannot be unsettled in the absence of arbitrary action on the part of the respondents. It is well settled that the exercise of administrative power will stand vitiated if there is a manifest error of record or the exercise of power in arbitrary. If the power has been exercised not in accordance with the terms and conditions laid down in the notification, but exercised according to one’s pleasure or will, it can be said to be arbitrary. In the facts and circumstances of the case, the action of respondents cannot be said be arbitrary. The cases of petitioners have been rejected rightly as they have not produced the relevant original certificates. 6. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. _______________ K.C.BHANU, J APRIL 11, 2010 YVL