( 1 ) APPOINTMENT of the 3rd respondent, as. Assistant Professor of Indian Medicine in s. V. Ayurvedic College, Tirumala Tirupati devasthanam, (for short T. T. D. ), vide proceedings dated 18-06-1994, is questioned in this writ petition as being contrary to the provisions of the A. P. Public Employment organisation of Local Cadres and Regulation of Direct Recruitment Order, 1975, notified in g. O. Ms. No. 674, dated 20-10-1975.

( 2 ) THE facts, to the extent necessary for this writ petition, are that the 2nd respondent issued an advertisement on 14-09-1993 inviting applications for two posts of Assistant professors in S. V. Ayurvedic College and hospital run by the T. T. D. One of these two posts was reserved for the Scheduled Tribes. Three candidates were called for interview on 22-01-1994, viz. , the petitioner, the third respondent and one Dr. N. Chanda. While the petitioner was the only Scheduled Tribe candidate from Zone-IV, (comprising of chittoor, Ananthapur, Cuddapah and Kurnool districts), the other two candidates were from the Telangana area, outside the local area of the T. T. D. The 3rd respondent was selected on the basis of merit and appointed as Asst. Professor vide proceedings of the 1st respondent dated 18-06-1994.

( 3 ) A counter affidavit is filed by the 1st respondent, wherein it is stated that the post of Assistant Professor, under Scheduled Tribe category, was not reserved for candidates from the local area, that the third respondent belongs to Telangana area, that he is an in- service candidate, that he was appointed as a Medical Officer in S. V. Ayurvedic College, tirupati, during the year 1989 and that for all purposes, he was treated as a local candidate since he had been residing at Tirupati for the past six years. It is stated that the third respondent was selected on the basis of his merit and not on the basis of his being a local candidate, that the zonal system is not followed in T. T. D. for appointment in various cadres including medical posts in s. V. Ayurvedic College, Tirupati, that a list of candidates was obtained from the Regional employment Exchange, Hyderabad and that interviews were conducted from amongst those candidates whose names were sponsored by the Regional Employment exchange. It is further stated that in recruitments to teaching and medical posts in s. V. Ayurvedic College at Tirupati, during the years 1984, 1987 and 1989, applications were invited from all eligible candidates without restricting it only to local candidates. Candidates from several regions in the State were selected and appointed, more particularly in the backlog reserved vacancies of Medical Officers in S. V. Ayurvedic College, tirupati, which were filled up during the year 1989. It is also stated though the petitioner possessed the requisite educational qualifications prescribed for the post, he did not come up higher in merit and was there fore not selected, that the post of Assistant professor in Indian System of Medicine is higher than the post of Civil Assistant surgeon, these two posts are not inter transferable, and that selection of the third respondent was approved by the Selection committee, the Commissioner, Indian medicines and Homoeopathy, Hyderabad, and the Vice-Chancellor, University of Health sciences.

( 4 ) THE petitioner a resident of Cuddapah district, contends that since T. T. D. is in zone-IV, it is he and not the 3rd respondent who is from the Telangana Area, who should have been appointed in the sole vacancy, reserved for Scheduled Tribe candidates, in the posts of Assistant Professor in Indian medicine, S. V. Ayurvedic College, Tirupati.

( 5 ) THE questions, which therefore arise for consideration in this writ petition, are (1) whether the Presidential Order would apply to posts in the T. T. D ?; (2) whether posts in the T. T. D. are posts in a civil service or civil posts under the State or posts under a local authority within the State of A. P. ? and (3) Whether the State Government

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