HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT APPEAL NO. 89 OF 2011 Between: A.P. Power Generation Corporation Limited and two others ………….Appellants AND B. Harja S/o Sri Veeraiah ………….Respondent JUDGMENT: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Appeal is preferred by the respondents in the Writ Petition, challenging the direction issued by the learned Single Judge while allowing the Writ Petition instituted by the respondent herein. The respondent-writ petitioner is a member belonging to Schedule Tribe. He possesses technical certiﬁcate of ITI in Fitter Trade. He has also undergone apprenticeship training at Kothagudem Thermal Power Station at Paloncha. On 2.2.1999 the respondents/appellants initiated the process of recruitment to 222 posts of Junior Plant Attendants (JPA) of them 100 posts are set apart for the trades of Turner/Fitter/Welder/Mechanics. Following the Rule of Reservation in favour of various social segments, such as backward classes, Schedule Caste, Schedule Tribe etc, the selections were required to be ﬁnalised. The writ petitioner was interviewed on 25.11.1999, but however, he was not selected. Hence, he instituted the Writ Petition. It is noticed by the learned Single Judge that the writ petitioner has secured 524 marks out of 700 in the ITI examination. He was awarded six marks in the interview whereas, an open category candidate by name, Naga Srinivasa Rao, who secured 481 marks in the ITI and who is awarded 6.33 marks in the interview was selected. The notiﬁcation has indicated the selection criteria clearly. The marks obtained by the respective candidates at the ITI examination will be standardised to 90% and the balance 10% of marks are earmarked for the purpose of interview. Therefore, the learned Single Judge allowed the Writ Petition, as, an open competition candidate who secured lesser marks than the petitioner, at the ITI examination, which comprises 90% of the selection criteria could not have been appointed ignoring the merit of the writ petitioner, who is a member belonging to Schedule Tribe. The diﬀerence in the marks secured at the ITI between the writ petitioner and the open competition candidate noted supra is 43 marks out of 700 i.e., as against 524 marks secured by the petitioner, the aforementioned candidate secured only 481 marks whereas he has only secured a mere 0.33 marks more than what the writ petitioner has secured at the interview. Sri C. Raghu, learned counsel for the appellant would submit that the said Naga Srinivasa Rao was selected because of his past service as a contract casual labour with the appellants. Such candidates were awarded additionally waitage marks and the candidates who came from the open market will not have any such advantage of waitage marks. Because of this diﬀerence, writ petitioner could not be selected or appointed. Though we do not wish to enter into the area, as to whether the appellants are justiﬁed in awarding additional marks towards waitage for the past service, however we wish to notice that a candidate belonging to Schedule Tribe, who has done so well could not have been completely ignored while making the selections. We are therefore of the opinion that the discretion used by the learned Single Judge is on appropriate lines. The judgment of the learned Single Judge therefore, does not warrant any interference at our hands. Hence, this Writ Appeal is dismissed at the admission stage. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J ________________________________ NOOTY RAMAMOHANA RAO, J DATE: 23.11.2011 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.