APHC010255272013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3457]

(Special Original Jurisdiction)

MONDAY,THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 5331/2013 Between:

1. P . VENKATA RAO,, S/O SUBBA RAO, COMMUNITY BC-A, AGED ABOUT 28 YEARS, UN EMPLOYEE, R/O PULIKONDA VILLAGE, CHIMAKURTHY MANDAL, PRAKASAM DIST, ...PETITIONER AND

1. A P S R T C, REP BY ITS VC & MD, MUSHEERABAD, HYDERABAD.

2. T HE REGIONAL MANAGER, APSRTC, ONGOLE, PRAKASAM REGION, PRAKASAM DIST.

3. S K SHAHID BASHA, SHRAMIC, APSRTC, PODILI DEPOT, PODILI, PRAKASAM DIST.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issued a Writ, order or directions more in the nature of writ of Mandamus declaring the action of the respondents herein not selecting the petitioner to the post of shramik on the ground that the petitioner has not produced the National Apprenticeship certificate is arbitrary, unjust contrary to Notification and Circulars of APSRTC and discriminatory and in violation of Article14, 16, and 21 of the Constitution of India and set aside the same and consequently direct the respondents to appoint the petitioner to the post of Shramic in 2nd respondent Region in the existing vacancies awarding 30 marks as the petitioner has already submitted provisional national Trade Certificate in the trade of Mechanic (Diesel)

IA NO: 1 OF 2013(WPMP 6658 OF 2013 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents herein to grant 30 marks under the head of for undergone apprenticeship and consider for selection to the post of shramik in Prakasam Region in the interest of justice IA NO: 5 OF 2013(WPMP 88291 OF 2013 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Counsel for the Petitioner:

1. P GOVINDA RAJULU Counsel for the Respondent(S):

1. P DURGA PRASAD SC FOR APSRTC The Court made the following:

Order:-

The petitioner is challenging the action of the respondents in not selecting the petitioner to the post of Shramik on the ground that the petitioner failed to produce the National Apprenticeship Certificate. It is stated that the respondents ought to have granted 30 marks for submission of the National Apprenticeship Certificate and that the certificate issued by the respondents was not considered.

2. It is submitted that several similarly placed writ petitioners who approached this Court were granted relief, whereby the respondent authorities were directed to consider the cases of the petitioners on production of the National Trade Certificate and appropriate orders with regard to their selection as Shramiks were directed to be communicated to the petitioners therein. It is submitted that the petitioner also stands on the same footing and that this Court had held that on production of the National Trade Certificate, the cases of the petitioners therein would be considered against any existing vacancies and this Court refused to re-open the selections which were already made in pursuance of the notifications issued in the year 2010 and 2011.

3. The learned Standing Counsel appearing for the respondents submits that the petitioner does not possess the National Apprenticeship Certificate and that the certificates produced by him from the Zonal Staff Training College of the respondent corporation cannot be equated with a National Apprenticeship Certificate. That apart, it is submitted that the petitioner, on merits, was not within the range of merit for selection and the petitioner secured 47.36 marks under BC-A category whereas the last candidate who was selected under BC-A category secured 60.71 marks.

4. Considering the submission that the peti