ORDER :

This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:-

"To issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of Respondents in not considering the case of the petitioners for appointment to the post of Assistant Professor (Mechanical Engineering) though they are selected as per their merit in the selection process conducted under Notification bearing Advertisement No.2/2013 dt.1.6.2013 as illegal, unjust, arbitrary discriminatory and violative of Article 14, 16(4) and 21 of Constitution of India and contrary to the judgment of this Hon’ble Court dt.13.11.2015 in W.P.No.5107/2015 & Batch and consequently direct the Respondents to consider the cases of the petitioners for appointment to the post of Assistant Professor (Mechanical Engineering) with all the consequential benefits and pas such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case."

2. After filing of the Writ Petition, the 3rd petitioner was died and the Writ Petition filed by the 3rd petitioner is dismissed as abated.

3. The petitioners herein have applied for the post of Assistant Professor (Mechanical Engineering) in pursuance of the Notification bearing Advertisement No.2/2013 dated 01.06.2013. The petitioners herein are working as Lecturers (Mechanical Engineering) on contract basis at Nuzvid centre of the 2nd respondent-University since 2011 onwards and the 1st petitioner belongs to B.C-B category and the 2nd petitioner belongs to B.CD category. The 1st petitioner herein has applied only for the Nuzvid Centre and the 2nd petitioner has applied in all three centres, i.e., Nuzvid, R.K.Valley and Basara centres. As per the Notification, the selection process comprises in two tires, i.e., written test and interview. Written test is only meant for short listing the candidates for interview. It is asserted in the writ affidavit that more than 1000 candidates have applied for the notified posts of Assistant Professors (Mechanical Engineering). After verifying the academic record of the applicants, the respondent-University has sent call letters to more than 500 candidates and after conducting written test to more than 500 short listed candidates, the 2nd respondent-University sent call letters for interview only for 49 candidates.

4. It is the contention of the 1st petitioner that one post at Nuzvid centre in Mechanical Engineering is reserved for B.C-D category and though he was shown in the merit list and there is no cut-off mark was prescribed in the notification, the University without considering the same has not selected the 1st petitioner though he is a meritorious candidate and kept the post vacant and the said action of the respondent-University in keeping the post kept vacant is assailed in the present Writ Petition on the ground that though there is no specific cut-off mark was prescribed, in not allotting the said post to the 1st petitioner under B.C-B category as being arbitrary.

5. It is the contention of the 2nd petitioner that the 2nd respondent-University instead of appointing two meritorious B.C-D candidates, i.e., Mr. Naga Srinivasa Rao, who secured 84 marks (Sl.No.21 in the merit list of R.K.Valley & Sl.No.25 of Nuzvid) and Mr. Cheepurupalli Vasu, who secured 80 marks (Sl.No.7 in the merit list of R.K.Valley & Sl.No.8 of Nuzvid) against O.C. posts (General Category post) illegally appointed them against B.C-D posts at R.K.Valley and Nuzvid respectively while keeping the General Category (OC) posts vacant.

6. The 2nd petitioner would contend that the reservation under Article 16(4) do not operate like communal reservation. That is to say that some members belonging to backward class/scheduled caste got selected in the open competition field on the basis of their own merit, the