IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 18213 of 2008 Between: Dr. K. Ekambari D/o. Beran Tarnaka Hospital, R/o. Hyderabad. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Principal Secretary, Transport Department, Secretariat, Hyderabad. 2 The Andhra Pradesh State Road Transport Corporation, rep. by its Managing Director, Musheerabad, Hyderabad-500 020. .....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 an order or direction more particulars in the nature of Writ of Mandamus: (a) declare that the petitioner is fuly eligible and qualiﬁed to be promoted as Senior Medical Oﬃcer Specialist and further declare that the action of the respondents in not considering the case of the petitioner for promotion to the post of Senior Medical Oﬃcer Specialist by considerin the cases of unqualiﬁed candidates who does not possess the minimum requisite length of service for promotion to the post of Senior Medical Oﬃcer Specialist as arbitrary, illegal and violative of Articles 14 and 16 of the Constitution of Inda; (b) consequently direct the respondents to consider the case of the petitioner for promotion to the post of Senior Medical Oﬃcer Specialist on par with other candidates and in accordance with Rule 30 of the APSRTC Recruitment Rules. Counsel for the Petitioner: MR.ABHINAND KUMAR SHAVILI Counsel for the Respondents: GP FOR TRANSPORT The Court made the following ORDER: The petitioner is working as a Medical Oﬃcer in the A.P.S.R.T.C. According to the relevant Service Regulations, the next superior post is Senior Medical Oﬃcer Specialist. The appointment to that post is by promotion and if suitable candidates are not available, by deputation from the service of the State Government. The qualiﬁcations prescribed for that post is that a candidate must put in six years of service, out of which two years shall be after obtaining P.G. Degree. The petitioner contends that the respondents are trying to ﬁll up the post by relaxing the qualiﬁcations, though she is eligible for appointment. The learned Standing Counsel for the respondents, on the other hand, submits that as of now, no promotions are taking place and as and when the promotions take place, the candidature of the petitioner would also be considered. He contends that according to his information, the petitioner is also not qualified. The petitioner approached this Court on the apprehension that the respondents are not only ﬁlling up the posts of Senior Medical Oﬃcer Specialist, but also relaxing the qualiﬁcation in favour of any qualiﬁed candidates. With the information furnished by the respondents, the apprehension of the petitioner appears to be without any basis. All the same, whenever the second respondent undertakes to ﬁll up the post of Senior Medical Oﬃcer Specialist, the case of the petitioner shall be considered along with the other eligible candidates, provided, she also fulfills the qualification. The writ petition is accordingly disposed of. There shall be no order as to costs. __________________ L.NARASIMHA REDDY,J Dt:22.08.2008 kdl