IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 5622 of 1999 Between: S.Jayaprakash S/o.Venkataramana R/o.Valligatla Village Somala Mandal Chittoor District ..... PETITIONER AND 1 The District Educational Officer Chittoor 2 The Mandal Educational Officer, Somala, Chittoor Dist 3 The Chairman, Viya Committee Z.P.High School, Kandur Chittoor Dist 4 P.Chandra sekhar S/o.Lakshmikantham Z.P.High School Kandur, Somala Mandal Chittoor District .....RESPONDENT(S) 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 a writ, order or direction more particularly one in the nature of the writ of mandamus declaring the proceedings of the 1st respondent in Rc.No.1477/A3-1/98, Dt.18/12/1998 selecting the 4th respondent as Vidya Volunteer, Z.P.High School, Kandur, Somala Mandal, Chittoor District and the consequential proceedings of the 3rd respondent in Rc.No.1/Pavika/Viva/98-99 Dt.22/12/1998 appointing the 4th respondent in the said post as illegal, arbitrary, unjust and contrary to the norms and issue a consequential direction to the respondents Nos.1 to 3 to appoint the petitioner herein in the said post and pass such other order or orders as the Court deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner: MR. K.G.KRISHNA MURTHY Counsel for the Respondent Nos.: GP FOR SERVICES II The Court made the following : ORDER : THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE G.BHAVANI PRASAD WRIT PETITION No.5622 of 1999 ORDER : ( per Hon’ble Sri Justice Ghulam Mohammed ) This writ petition is ﬁled against order dated 18- 12-1998 passed by the 1st respondent in selecting the 4th respondent as Vidya Volunteer, ZP High School, Kandur, Somala Mandal, Chittoor District and the consequential proceedings of the 3rd respondent dated 22-12-1998 appointing the 4th respondent in the said post as being illegal, arbitrary and contrary to the norms and consequently direct the respondents 1 to 3 to appoint the petitioner in the said post. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Services-II. 3. The case of the petitioner is that in response to the notiﬁcation issued by the Commissioner and Director of School Education, Andhra Pradesh, Hyderabad, the petitioner and the 4th respondent applied to the post of Vidya Volunteer and according to the petitioner, though his name was included in the selection list, instead of appointing him, the oﬃcial respondents appointed the 4th respondent as Vidya Volunteer. The petitioner, in the ﬁrst instance, approached the Tribunal by ﬁling an OA being OA No.65 of 1999, but the same was dismissed on the ground that of maintainable observing that the post of Vidya Volunteer is either a ‘civil post’ under the State or a post which comes under ‘civil service of the State’. 4. The appointment of 4th respondent was in the year 1998 and it is stated that the period of appointment is only one academic year, which has elapsed long back. 5. In the circumstances, no cause survives for adjudication in this writ petition and, therefore, the writ petition is dismissed as having become infructuous. No order as to costs. ______________________ Ghulam Mohammed, J ____________________ G. Bhavani Prasad, J Dated: 10th September, 2008 Nrg. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TPK}