G.S. Singhvi, C.J.

Whether the doctrine of equality enshrined in Article 14 can be invoked by the High Court for issue of a mandamus to the State or its instrumentalities/agencies or any public authority to pass an illegal order or commit an illegality on the premise that in a similar case, such an illegal order has been passed or illegality has been committed by the State etc. is the question which arises for determination in this appeal filed by Shri Y.V. Subramanya Kumar against order dated 2.1.2007 passed by the learned Single Judge in Writ Petition No.24158 of 2007.

The appellant worked as a labour under various contractors, who were awarded different works by the erstwhile Andhra Pradesh State Electricity Board (for short, ‘the Board’). In the year 1997, he along with some others filed Writ Petition No.23578 of 1997 for issue of a mandamus to the Board to absorb them in the regular establishment in accordance with the policy contained in B.P.Ms.No.36, dated 18.5.1997. The learned Single Judge on 18.9.1997 disposed the same of with a direction to the respondents to consider the cases of the petitioners in accordance with the policy framed by the Board. Thereafter, the Selection Committee interviewed the appellant, but his candidature was rejected on the ground that all the vacancies of Lineman had been exhausted and he was not eligible for appointment as Lower Division Clerk (LDC). To this effect, communication dated 14.8.2002 was sent by the Superintendent Engineer (Operation Circle), Southern Power Distribution Company of Andhra Pradesh Limited, Cuddapah (respondent No.3 herein) to the Chief General Manager, Operation/APSPDCL, Tirupathi (respondent No.2 herein). For the sake of convenient reference, that communication is reproduced below:

SOUTHERN POWER DISTRIBUTION COMPANY OF A.P. LTD.

VIDYUT BHAVAN: CUDDAPAH – 4

From:

The Superintending Engineer, Operation Circle/APSPDCL

CUDDAPAH 4

To

The Chief General Manager,

Operation/APSPDCL,

TIRUPATI

Lr.No.SE/O/CDP/Adm/C2/7.135/D/No.1807/02, dt.14.8.02.

Sir,

Sub: Estt. APSPDCL – Appointment of LDC under 50% vacancies filling-up with Contract Labours – Reg.

Ref:

1) Memo No.CGM/Opn./DS/AS.II/AI/Adm/D.No.1326/02,

Dt.29.7.02.

***

Adverting to the reference cited, it is to inform that Sri Y.V. Subramanya Kumar who worked as Contract Labour in the Circle has attended to the interview on 28.10.97 in terms of B.P.Ms.No.36/dt.18.5.97. As on the date of interview, he has produced his qualification certificate as Intermediate. As per the qualifications, his case has been considered for the post of Jr.Lineman and could not be appointed, since 50% vacancies existing as on 18.5.97 in the cadre of Jr. Lineman have been exhausted by filling-up with eligible Ex-Casual Labours and Village Electricity Workers as per the order of preference.

Sri Y.V. Subramanya Kumar acquired graduation in Bachelor of Arts subsequently in the year 2001 and represented to this office for appointment as LDC. But, as per the guidelines issued for filling-up of 50% vacancies in terms of B.P.Ms.No.36/dt.18.5.97, the qualification as on the date of interview has to be considered.

Further, it is to inform that the 50% vacancies existing as on 18.5.97 in the cadre of LDC have already been exhausted. Hence, his case is not considered for the post of LDC.

Sd/-

Superintending Engineer,

Operation : Cuddapah

The appellant questioned the above noted decision in Writ Petition No.24158 of 2002 by contending that refusal of the non-petitioners to absorb him in the regular establishment is ultra vires the policy contained in B.P.Ms.No.36, dated 18.5.1997 and is also violative of Articles 14 and 16 of the Constitution. He pleaded that by having worked as contract labour from 1988, he had acquired a right to be regularly appointed, but the concerned authority arbitrarily rejected his claim despite the fact that several other persons, who did not possess the requisite qualification on the cut-off date, have been absorbed and, in this manner, his r