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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
M. GANGA RAO, J.
Public Information Officer – Petitioner
Versus
Mareboina Satyanarayana – Respondent
Writ Petition No. 9909 of 2014
Decided On : 07-02-2023
RTI Act - Sections 4 (1)(b), 20, 6 , 7 , 18 and 19 - Code of Civil Procedure, 1908 - Posts of Assistant Beat Officers - Recruitment of Assistant Beat Officers - Seeking information - Notification was given directly and through Employment Exchange calling for applications to fill up posts of Assistant Beat Officers from eligible and qualified candidates - Held, Respondent's application before 2nd respondent asking for information with regard to key and after furnishing the key to question, he raised dispute with regard to awarding of marks to Question and he says that right answer is (a) and whereas in key, answer is given as (b) - It appears to be wrong answer but whereas candidate selected answered Question and he was awarded two marks for wrong answer - But without approaching appropriate forum for redressal of his grievance, 1st respondent cannot seek remedy before 2nd respondent, which is not competent to redress such grievance - Court finds that impugned order was passed exceeding power and jurisdiction and contrary to provisions of the RTI Act - Writ Petition is allowed
ORDER :
1. The petitioners two in number being the Public Information Officer and Appellate Authority-2nd petitioner under the provisions of the Right to Information Act filed this writ petition being aggrieved by the decision of the Information Commissioner, Hyderabad under Right to Information Act in Appeal No. 12807/SIC-MVN/2013 dated 11.12.2013, wherein and whereby directed the Divisional Forest Officer, Giddalur to consider appointment of the appellant for the post of Assistant Beat Officer, provided he possesses higher educational qualifications and age when compared with the selected candidate in the relevant category within one month from the date of decision as being illegal, arbitrary and contrary to the provisions of Right to Information Act, 2005.
2. Brief facts of the case are that the Principle Chief Conservator of Forests, Andhra Pradesh, Hyderabad had accorded permission by proceedings dated 18.11.2011 to fill up the posts of Assistant Beat Officers. A notification was given directly and through Employment Exchange calling for applications to fill up the posts of Assistant Beat Officers from the eligible and qualified candidates. By Notification dated 26.3.2012, 13 posts of Assistant Beat Officers were permitted to be filled by direct recruitment in Giddalur Division against different roster points. Total 4707 applications were received out of which, 260 candidates are sponsored by District Employment Officer and 4447 applications were received directly.
3. As per G.O.Ms. No. 12 dated 17.2.2012, a Committee was constituted with the following members for recruitment of Assistant Beat Officers in Giddalur Division and as per Circulars dated 26.3.2012 and 28.3.2012:
| 1. | Additional CCF/CF/Guntur | Chairman |
| 2. | Divisional Forest Officer, Giddalur | Member-Convener |
| 3. | Revenue Divisional Officer, Markapur | Member |
The selection process comprises of written test and walking test to see the physical endurance of the candidates. The first step and second steps are thus:
(i) Paper 1 - Essay writing - The examination will be of one hour duration and maximum marks of 20.
(ii) Paper 2 - General Knowledge - This examination will be of one and half hour duration and maximum marks of 100.
(iii) Paper 3 - General Mathematics - This examination will be of one and half hour duration and maximum marks of 100.
Second Step: The candidates selected in the first step shall be subjected to the test of walking, distance of 25 KM walking is to be completed in 4 hours duration for male candidates and 16 KMs for woman candidates. The walking test is only a physical endurance test and shall not carry any marks. It is treated as a qualifying test.”
The Selection Committee had finalized the candidates for walking test as per the written examination in the ratio of 1:2 as per the merit. The same was displayed in the notice board of the office of Divisional Forest Officer, Giddalur and sent intimation cards to the candidates to attend the walking test on 25.2.2013. The finalized list was kept in sealed cover and is opened after completion of the walking test before the Committee. The following candidates were provisionally selected for the post of Assistant Beat Officers against roster points duly observing local/Non-local reservation and other conditions as per rules:
| S. No. | Roster | No. of vacancies | No. of candidates finally selected | Roster point No. | Final selected candidates Hall Ticket Nos. |
| 1 | OC(G) | 4 | 4 | 88(GLR) | N. Guruswamy (30642) |
| 92(GLR) | Syed Imran (30690) | ||||
| 98 (GLR) | M. Sunil Kumar (30800) | ||||
| 100(GLR) | A. Murali Krishna | ||||
| 2 | OC(W) | 2 | 2 | 90(GLR) | K. Subhadra Devi (330637) |
| 96(GLR) | N. Roja Ramani (30054) | ||||
| 3 | BC-B(G) | 1 | 1 | 95(GLR) | A. Lakshmaiah (30798) |
The selected candidates’ names were d
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