IMPORTANT POINT
The court established that the elimination of waiting lists does not prevent the consideration of the next qualified candidate when the selected candidate does not join.

ORDER :

1. Respondents 1 to 4-Andhra Pradesh Industrial Infrastructure Corporation Limited appointed Respondents 5 and 6 as Managers (Electrical) and (Engineering) without considering the candidature of petitioner, vide proceedings dated 23.05.2012. Seeking a direction to Respondents 1 to 4 to set aside the said proceedings, petitioner is before this Court.

2. Petitioner claims to have possessed B.Tech (Electrical and Electronic Engineering) in 2007 with 60.67%. Her case is that she has to be selected to the Post of Manager reserved for ST Women as the originally-selected person viz. Suseela did not turn up to join in the post and she being the next candidate in the waiting list, however, Respondents 5 and 6 were appointed as Manager (Electrical). Petitioner therefore, filed Writ Petition No. 8808 of 2012, wherein this Court passed the order dated 29.03.2012 directing the respondents to consider the case of petitioner for appointment to the post of Manager (Electrical) reserved for ST women if her name is at serial No. 1 in the waiting list, within a period of six weeks from the date of receipt of a copy of this order. However, the respondent did not implement the said order which prompted her to file Contempt Case No. 725 of 2012. The Contempt Case was closed leaving liberty to petitioner to challenge the order passed by the Respondent, if she is aggrieved by the same.

It is also stated that the official respondents rejected the claim of petitioner vide letter dated 23.05.2012 on the sole ground that she is not eligible for appointment to the post of Managing (Electrical) as per G.O. Ms.No. 544, dated 04.12.1998. According to petitioner, the said G.O. was issued in 1998 but Respondents 5 and 6 were appointed in 2010 and the official respondents admitted in Para 5 of the counter filed in Contempt Case that the contention raised by petitioner in Para 11 of her affidavit that one B. Madhu, who is the 1st candidate in the waiting list was appointed in the place of Venugopal in SC Category and one Sri M. Dora Babu who was kept in waiting list was appointed in OC category is true, but it related to earlier recruitment of 2008 wherein the waiting list was prepared for the recruitment. The G.O. was issued in 1998 but the above persons were appointed against G.O.Ms No. 544, dated 04.12.1998. Petitioner’s case was not considered only on the sole ground that she is not eligible as per GO Ms.No. 544.

Petitioner contends that appointment of Respondents 5 and 6 is illegal and against the principles of natural justice and G.O.Ms.No. 544, dated 04.12.1998 and her case was not considered though the post was reserved for ST (Women). It is stated that both the Central Government and State Government provide special rule of reservation in favour of SCs., STs. for upliftment of downtrodden and since the subject post was reserved for Scheduled Tribe (women), not filling up the post with woman is illegal, arbitrary and against the principles of natural Justice. Hence, the Writ Petition.

3. Petitioner had taken out I.A. No. 3 of 2015 seeking amendment of prayer. By order dated 03.04.2024, the said Application was ordered directing amendment of prayer to the effect that ‘rejecting the claim of petitioner vide Lr.No. 53719/PW/APIIC/2010, dated 23.05.2012 as being arbitrary, illegal, unconstitutional and violative of Articles 14, 16 and 21 and consequently, direct the respondents 1 to 4 to appoint petitioner to the post of Manager (Electrical) in the respondent Corporation’.

4. In the counter-affidavit filed on behalf of the Andhra Pradesh Industrial Infrastructure Corporation Limited by its General Manager, it is stated that Smt. N. Susheela, who was provisionally selected for the post of Manager (Electrical) under ST (women) category did not join duty, hence, petitioner made Application dated 15.06.2011 seeking appointment as such. It is stated that in the present recruitment, pursuant to the notification and interview, no waiting list of the candidates se