JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Andhra Pradesh at Amravati in Writ Petition No. 12144 of 2015 by which the High Court has allowed the said writ petition preferred by the State and has quashed and set aside the order passed by the A.P. Administrative Tribunal, Hyderabad in O.A. No. 4916 of 2013, the original applicant has preferred the present appeal.

2. The facts leading to the present appeal in nutshell are as under:-

2.1 That the appellant herein participated in the selection process carried out by the respondents for recruitment of Teachers under the Notification dated 30.01.2012 called as DSC-2012. Thirty-three (33) posts were notified and the recruitment process was initiated for the notified 33 vacancies. The appointments were governed by the Andhra Pradesh Direct Recruitment for the post of Teachers (Scheme of Selection) Rules, 2012 (hereinafter referred to as “Rules, 2012”), which were framed in exercise of the powers conferred by Article 309 of the Constitution of India r/w sub-sections (3) and (4) of Section 169, subsections (3) and (4) of Section 195 and Section 243 of the Andhra Pradesh Panchayat Raj Act. Rule 16 of the Rules, 2012 provided for preparation of selection lists. As per sub-rule (5) of Rule 16 the number of candidates selected shall not be more than the number of vacancies notified. It also specifically provided that there shall be no waiting list and posts, if any, unfilled for any reason whatsoever shall be carried forward for future recruitment.

2.2 That vide G.O. Ms. No. 91 dated 03.11.2012, the State issued detailed guidelines. Clause 8 provided for verification of certificates and preparation of select lists (which shall be dealt with hereinbelow).

2.3 The appellant participated in the said selection process, however, secured 58.08 marks and placed at 34th position. The respondents declared that the candidates upto serial No. 33 (notified vacancies) in the merit list are being selected in the available vacancies and accordingly invited the 33 candidates to appear for counselling. One candidate, who secured 18th rank with 60.83 marks did not turn up for counselling that was held on 28.12.2012. Consequently, one post in general category remained unfilled due to the non-participation of the said candidate. The appellant made a representation before the respondents seeking for consideration of his candidature relying upon para 8 of the Guidelines issued under G.O. Ms. No. 91 dated 03.11.2012. As the appellant was not offered the employment, the appellant approached the Tribunal by filing O.A. No. 4916 of 2013 seeking a direction to the respondents to appoint him as Secondary Grade Teacher (S.G.T.) in the unfilled vacancy. The Tribunal allowed the said O.A. holding that the appellant is entitled for appointment as per para 8 of the Guidelines issued under G.O. Ms. No. 91 dated 03.11.2012.

2.4 Feeling aggrieved and dissatisfied with the order passed by the Tribunal, the State preferred writ petition before the High Court and by the impugned judgment and order, the High Court has allowed the said writ petition and has quashed and set aside the order passed by the Administrative Tribunal.

2.5 Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court, the original applicant has preferred the present appeal.

3. Ms. V. Mohana, learned Senior Advocate appearing on behalf of the appellant has vehemently submitted that in the present case, 33 posts were notified; therefore, until 33 posts are filled in, it cannot be said that the selection process is complete.

3.1 It is submitted that as per Rule 16(5) of Rules, 2012, the number of candidates selected shall not be more than the number of vacancies notified. Hence, in the present case, the selection was incomplete since one of the candidates did not turn up for counselling and receiving the order of selection. Therefore, the appe