Important Point—
No candidate acquires indefeasible right to a post merely because he has appeared in examination or even found a place in select list.

Anis, J.

1. Writ Petition Nos.23932, 23931, 25398 & 23152 of 2010 are filed challenging the order, dated 08.09.2010, in O.A.No.3143 of 2010 & batch on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short ‘the Tribunal’). Writ Petition No.30110 of 2010 is filed challenging the order, dated 26.10.2010, in O.A.No.6301 of 2010 on the file of the Tribunal, dismissing as directly covered by the order, dated 08.09.2010, in O.A.No.12968 of 2009 & batch (includes O.A.No.3143 of 2010).

2. All the Writ Petitions are directed to be disposed of through this common order as the facts as well as the questions are identical.

3. The brief averments made in the writ petitions are as follows:

The Commissioner of Prohibition & Excise by letter dated 22.06.1993 has submitted a proposal to the Government for sanction of additional staff for strengthening the Excise Department to cope up with new task under the new Excise policy with effect from 01.10.1993 i.e. imposition of partial prohibition in the State and the Government has issued G.O.Ms.No.927, Revenue (Excise-III) Department, dated 21.09.1993 and accepted the said proposal by sanctioning 3613 additional posts of Excise Constables in addition to the existing cadre strength and further directed the Director General to release 1200 Armed Reserve Constable posts with arms and ammunition, and also directed the Inspector General (Home Guards) to release 2000 Home Guard posts to serve the Excise Department and further directed the Additional Director General (Recruitment) to recruit 3000 Armed Reserve Constables and after that they would be deputed to the Excise Department. Subsequently, the Government has modified the aforesaid G.O.Ms.No.927, dated 21.09.1993 to the effect that instead of recruiting 3000 Armed Reserve Constables to recruit 3000 APSP Constables as per the additional sanction of posts in temporary cadre of Excise Constables and G.O.Ms.No.467, Revenue (Excise-III) Department, dated 23.05.1994 also indicated regarding recruitment of number of vacancies in the IX Battalion in the State. The Government clearly discloses that recruitment should be done only in A.P. Police Battalion and those people have to be recruited temporarily in the Excise Department to cope up with the new task and for that task, they should come back to their parent department, and therefore, the posts are also created in the A.P. Police Department, which posts are required for every year. Subsequently, the Commissioner of Prohibition & Excise by Proceedings dated 14.07.1994 has informed to the Government that despite creation of aforesaid 3613 new posts of Excise Constables besides permitting to convert 539 other posts in the department, there were large number of vacancies of Excise Constables in the department remained unfilled and he had sought permission to recruit 2366 posts of Excise Constables in the Excise Department. In pursuance of such request and information given by the Commissioner of Prohibition & Excise, the Government issued G.O.Ms.No.1303, Revenue (Excise.I) Department, dated 31.08.1994, permitting the Commissioner, Prohibition & Excise to fill up 1751 posts of Excise Constables which are regular and permanent in the cadre. In pursuance of the aforesaid decision taken by the Government, the Commissioner of Prohibition & Excise has issued a notification for recruitment to the posts of Prohibition & Excise Constables in the State indicating number of posts in various districts in the State and also given schedule for selection process which would commence from 12.09.1994 and completed by 31.10.1994 i.e. issuing appointment orders. On 22.10.1994, the General Election Code came into force. Therefore, the Commissioner of Prohibition & Excise has telephonically informed all the selection authorities to the effect that the selection process should be completed for the posts of Excise Constables but not to issue any appointment orders which are supposed to be issued by 31.10.199