IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO : 17415 of 2008 Between: Sri Sai Scale Adjusting Services, Rep. by its Prop. P. Mahipal Reddy, S/o. Bal Reddy, Aged about 54 years, R/o. Jangaon, Warangal District. ..... PETITIONER AND 1 The Assistant Controller, Legal Metrology, Weights and Measures, Warangal. 2 The Controller, Legal Metrology Department, Government of Andhra Pradesh, Hyderabad. 3 Farooq Mohammed, S/o. Mustafa, R/o. D.No. 25-6-148, Balaji Nagar, Nizamabad. .....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 and appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent Nos. 1 and 2 herein in issuing the Certificate of Skill in repairing weights, measures, weighing and measuring instruments vide Certificate No. 523/2008, dt. 8-5-2008, in favour of the 3rd respondent herein as illegal, arbitrary and contrary to Memo No. 11491/L1/2006 dt. 7-6-2006 issued by the 2nd respondent and consequently cancel the same, and to grant such other relief or reliefs. Counsel for the Petitioner:MRS.S.NANDA Counsel for the Respondent Nos. 1 and 2: GP FOR CIVIL SUPPLIES Counsel for the respondent no.3: none The Court made the following : THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO :17415 of 2008 ORDER: This writ petition is by a licensee authorized to repair weights and measures and weighing and measuring instruments under the provisions of the Standards of Weights and Measures (Enforcement) Act, 1985, assailing the Certificate No. 523 of 2008, dated 8.5.2008, issued by the 2nd respondent in favour of the 3rd respondent constituting a Certificate of skill for repairing weights and measures, weighing and measuring instruments. It is alleged that the Certificate has been issued to the 3rd respondent contrary to the 2nd respondent’s own Circular dated 7.6.2006, whereby the 2nd respondent directed all Assistant Controllers under his jurisdiction that Skilled Worker Certificate should be issued only after conduct of Skilled Worker Test, to be evaluated after a written and practical examination to test the knowledge of an applicant for obtaining Skilled Worker Certificate. The 3rd respondent has not been subjected to such written and practical examination is the allegation. The circular dated 7.6.2006 has in fact been issued by the 2nd respondent and it is the 2nd respondent, who has issued the certificate in favour of the 3rd respondent. It is settled principle of administrative law that this Court does not enforce administrative instructions. At any rate, it is the same respondent who has issued the circular constituting the guidelines to subordinate officers, but has nevertheless issued the certificate in favour of the 3rd respondent. It is not the case of the petitioner that any provision under the Act or the statutory principles would enjoin the conduct of practical and written examination as a condition precedent to the issuing of such certificate. In the absence of any statutory requirement, mere administrative instructions are not enforceable under Article 226 of the Constitution. On the aforesaid analysis, there are no merits. The writ petition is accordingly dismissed. No costs. ____________________ GODA RAGHURAM,J DATE: 11th August, 2008 pnb