THE HON'BLE SMT. JUSTICE T. MEENA KUMARI & THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.26450 OF 2000 ORDER: (Per Sri TGK,J) 1 This Writ Petition is directed against the orders passed by the Central Administrative Tribunal, Hyderabad Bench in O.A.No.305 of 2000 dated 25.10.2000 whereby the selection of the petitioner for the post of Extra Departmental Branch Post Master of Mondigowrelli village, Yaharam Mandal was set aside. 2 The case in brief is that the official respondent issued a notification on 24.02.1999 calling for applications from the eligible candidates to fill up the post of Extra Departmental Branch Post Master of Mondigowrelli village, Yaharam Mandal. As per the said notification there was only one post for which seven applications have been received, which include the petitioner and the first respondent herein. As the said post was reserved for Scheduled Tribe community and as there were no applicants from S.T category, the post was filled up by the petitioner who belongs to S.C. community. The first respondent who belongs to open category and was not selected questioned the said appointment of the petitioner stating that when once the S.T. candidate is not available, and when the post is carried forward to S.C. category where there were no sufficient number of candidates it should be carried forward to the physically handicapped and if no physically handicapped person is available then it should have been carried forward to open category and in such an event he would have been appointed as the Extra Departmental Branch Post Master. Following the earlier order of the Tribunal in O.A.No.682 of 1999 where the Tribunal has taken the view that a minimum number of three applications shall be received for a post and then only the selection can be made and hence the said selection of the petitioner to the post of Extra Departmental Branch Post Master is not justified and accordingly set aside the said appointment of the petitioner. 3 Heard both sides. 4 In our considered view the said ratio adopted by the Tribunal appears to be not correct. It cannot be said that for each post there should be a minimum number of applications and if minimum number of applications are not received the post shall be carried forward. Apparently the post is reserved for S.T. category and as there were no applicants from that category, the post was carried forward to S.C. category. If there were no applicants even from the S.C. category also, then it should be carried forward to Physically Handicapped and thereafter to General Category. Here the petitioner belongs to S.C. category. May be he is a lone applicant from that category. But when once there is a candidate and he is otherwise qualified, in our considered view, he should be preferred and the question of carrying forward the said post to physically handicapped and thereafter to General Category does not arise. The Central Administrative Tribunal has not made any law stating that there should be minimum number of applicants for each post and it is only when three applications are received, then only the selection can be made. Hence we hold that the said order passed by the Tribunal is liable to be set aside. 5 Apart from the above, when the petitioner approached this court and filed the present Writ Petition, the said order passed by the Tribunal was suspended, pursuant to which the petitioner is allowed to continue in the post of Extra Departmental Branch Post Master of Mondigowrelli village, Yaharam Mandal. Further, in the counter affidavit it is clearly stated that the fourth respondent has already been employed as Extra Departmental Branch Post Master and he is working at Medipalli village, Yacharam Mandal. 6 In the light of the above discussion made by us, i.e. (1) there is no justification in holding that there should be a minimum number of applicants to make the selection, (2) in pursuance of the interim order passed by this court pursuant to which the petitioner was allowed to continue in the said post as Extra Departmental Branch Post Master of Mondigowrelli village, Yaharam Mandal, and (3) that the first respondent i.e. applicant in the O.A. before the Tribunal has already been appointed as Extra Departmental Branch Post Master of Medipalli village, the said order passed by the Tribunal is liable to be set aside. 7 Accordingly this Writ Petition is allowed and the order passed by the Central Administrative Tribunal, Hyderabad Bench in O.A.No. 305 of 2000 dated 25.10.2000 is hereby set aside and the petitioner shall be absorbed as the Extra Departmental Branch Post Master of Mondigowrelli village, Yaharam Mandal as per the selection made by the authorities. No order as to costs. The rule nisi is made absolute accordingly. ---------------------------------- Smt. T. Meena Kumari, J. ----------------------------------------- Sri Gopala Krishna Tamada, J. 26.07.2010 Kvsn/Gsn