HONOURABLE SMT JUSTICE T.MEENA KUMARI WRIT PETITION NO:6319 OF 2000 DATED:19.8.2010. Between: M.G. Murthuza …Petitioner And 1. Bharath Heavy Electricals Limited, Research & Development, Vikasnagar, Hyderabad, rep., by its General Manager and others. …Respondents. This Court made the following: HONOURABLE SMT JUSTICE T.MEENA KUMARI WRIT PETITION NO:6319 OF 2000 ORDER: This writ petition is filed seeking to issue a Writ of mandamus to declare the selection of the 4th respondent as illegal and arbitrary and consequently, to direct the official respondents to appoint the petitioner in the place of the 4th respondent as Junior Dresser with all consequential benefits. The case of the petitioner reads as follows: Since 1978 to 1992, the respondents appointed so many persons under the scheme of providing jobs to ousters of the property. The petitioner herein passed SSC and also Senior First Aid Certificate Course from St. John Ambulance Association and he had one year experience in Anitha Nursing Home. Further, he is land ouster due to acquisition of his land. While so, the 2nd respondent stated in his letter dated 26.6.1998 to the District Employment Officer that none of the candidates forwarded by the District Employment Officer possess the requisite experience. On 1.7.1998, the petitioner sent a reminder to the 2nd respondent about his application, but no action was taken. Then, he filed a writ petition No.16088 of 1998 and the said WP was disposed of with a direction to the respondents to consider his case along with other candidates without insisting on sponsorship by employment exchange. As no action was taken, he filed another WP No.20723 of 1999, which was disposed of on the ground that the learned Counsel for the respondents-authorities submitted that the interviews were conducted and the case of the petitioner was considered along with one Swaruparani. However, the respondents served proceedings No.RD:03:r-142:PMX:2000, dated 12.2.2000 stating that the respondents-authorities considered the case of the unofficial respondent herein for the post of Junior Dresser. Hence, the present writ petition is filed. A counter-affidavit was filed on behalf of the official respondents. It is stated in the counter that the petitioner herein filed WP 16088 of 1998 seeking a direction to the District Employment Officer and BHEL R & D for considering his candidature for the post of “Junior Dresser” without insisting on the sponsorship of employment exchange and this Court disposed of the said writ petition with a direction to consider the case of the petitioner for the post of Junior Dresser along with other candidates without insisting on sponsorship by employment exchange. It is also observed that it is upto the respondents to consider the case of the petitioner on merits along with others provided he fulfills the requisite qualifications and eligibility criteria and interview, if interviews to the said post are already not over. Accordingly, the petitioner was called for written test/practical test/interview on 12.1.2000 along with others. The unofficial respondent herein was selected on the basis of the performance in the tests/interview and was issued offer of appointment on the recommendation of the Selection Committee and she joined. It is further stated that as per the award of the Special Deputy Collector (LA), dated 15.11.1978 the name of one Md. Khader, S/o Sri Md. Ghouse appears as one of the interested parties in respect of a piece of land in Survey No.66 and 67 measuring Ac.2.36 guntas and as there were other claimants in respect of the same piece of land, and due to the dispute between the claimants, the Special Deputy Collector ordered that the compensation in respect of this piece of land be deposited in the Civil Court under Section 30 read with 31(2) of the Land Acquisition Act and that the name of the petitioner does not appear as a claimant in the award and therefore, the petitioner does not have any right for any preferential treatment. Heard the learned Counsel and perused the material available on record. On a perusal of the material on record, it is apparent that the petitioner is seeking appointment on the ground that he is the land ouster. The award of the Special Deputy Collector was passed in the year 1978. As can be seen from the material on record, it appears that by that time, the petitioner was a minor and he is not eligible for any appointment. Apart from that, it appears that the petitioner is not made as a claimant to the award in respect of the land in question. Further, it appears that as per the directions of this Court in earlier writ petitions, the candidature of the petitioner has been considered for the post of Junior Dresser along with others and based on the recommendations, the unofficial respondent was given appointment. In view of the foregoing discussion, I feel that the writ petition is devoid of merits and hence, the same is liable to be dismissed. Accordingly, the writ petition is dismissed. No order as to costs. ________________________ Justice T.Meena Kumari Date:19.08.2010 NN HONOURABLE SMT JUSTICE T.MEENA KUMARI WRIT PETITION NO:6319 OF 2000 DATE:19.8.2010.