ORDER :

This Writ petition is filed under Article 226 of Constitution of India, seeking the following relief:

“….to issue of Writ Mandamus declaring that the action of the 1st respondent in taking steps to issue posting/appointment orders to the Respondent No.3 for the post of Junior Assistant under S.C category in pursuance of Notification of the 1st respondent in Ref.No.A2/240/2013 dated 20.06.2018 for appointment of Junior Assistants/Typist in T.S. Ministerial Services Subordinate Services for limited recruitment of backlog vacancies of SC & ST in the District of Adilabad without submitting Pass Certificate/Degree Certificate at the time of submission of application and in violation of condition 2 (b) of Annexure-I of the Notification dated 20.06.2018 and set aside the final selection list dated 07.03.2020 selecting the Respondent No.3 as Junior Assistant and consequently direct the 1st respondent to issue posting orders/appointment orders to the petitioner as Junior Assistant in view of the provisional selection list……”

2. Heard Sri B.Sudhakar Reddy, Learned Counsel appearing for the petitioner and Government Pleader for Services-II appearing for respondent Nos.1 and 2 and Sri Santapur Satyanrayana Rao, learned Counsel appearing for the respondent No.3.

3. The Learned Counsel appearing for the petitioner submits that the 1st respondent issued notification vide Collector’s Ref. No.A2/240/2015 dated 20.06.2018 for the appointment of Junior Assistants/Typist in T.S Ministerial Services, Subordinate Services for limited recruitment of backlog vacancies of SC & STs in the District of Adilabad. In pursuance to the said notification the petitioner applied for the post of Junior Assistant as she possess requisite qualifications as prescribed in the notification. After due process of selection the respondent No.1 provisionally selected the petitioner on 01.02.2020 under SC Women Quota at Serial No.3 and the same was also displayed on the Notice Board of the 1st respondent. Thereafter, the 1st respondent issued another Provisional Common List of Junior Assistants and Typist under SC/ST Backlog-2018, wherein the respondent No.3 is placed at Sl.No.789 though the respondent No.3 did not submit any certificates of Technical qualifications and mentioned in the remarks column that only degree certificate is filed. In the remarks column of the respondent No.3 at Sl.No.1326 of Provisional List reflects as ‘year wise and computer generated marks memo enclosed”, but the column of total marks and marks obtained does not show the marks at all.

4. The learned Counsel for the petitioner further submits that the respondent No.3 has not passed degree examination as on the date of notification as per 2 (b) of Annexure-I of the application for recruitment to the posts of Junior Assistant and Typist in T.S. Ministerial Services. Contrary to the said provision the respondent No.1 taken steps to issue appoint order to the Respondent No.3 by deleting the name of the petitioner, and requested to set aside the final selection list dated 07.03.2020 and consequently direct the respondents 1 and 2 issue appointment order to the petitioner as Junior Assistant in view of provisional selection list of Junior Assistant for SC/ST category and requested to allow the writ petition.

5. The Learned Government Pleader for Services-II basing on the counter submits that as per the condition set by the notification, the respondent No.3 is eligible as on the date of notification for being appointed as Junior Assistant as her particulars are in compliance with the requirements of the notification and accordingly she was placed in the Provisional Final Selection list by replacing the petitioner. The application of the respondent No.3 is not in violation of condition No.2 (b) of Annexure. The remarks ‘yearwise and computer generated marks memo enclosed’ against her name in the provisional list dated 01.02.2020 has nothing to with her non-compliance with condition No.2 (b), this is