HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 32472 OF 2018

O R D E R:

Petitioner filed this Writ Petition aggrieved by the action of the respondents in not considering her claim for appointment to the post of Assistant Beat Officer (ABO) in the resultant vacancy arisen due to selection of the candidate shown above her in the merit list for the post of Assistant Beat Officer selected for both the posts i.e. Forest Beat Officer (FBO)

and Assistant Beat Officer.

2. Petitioner claims to be belonging to ST community and passed intermediate, hence, she is eligible and qualified for the post of ABO. While so, the government accorded permission for direct recruitment of 23 posts of FBO in the erstwhile Adilabad Circle and ten ABO in Adilabad Circle. Accordingly, a notification was issued for 23 posts of FBO out of which six posts are to be filled by the Scheduled Area candidates and ten posts of ABO notified to Scheduled Area ST Post. The Government vide G.O.Ms.No. 12, dated 17.02.2012 constituted the Selection Committee to select the candidates by direct recruitment. Accordingly, Notification dated 26.03.2012 was issued for filling up the posts of FBO and ABO. Responding to the said notification, petitioner appeared for written test on 23.06.2012. The authorities directed the individuals to produce Scheduled Agency Area Certificates to verify the genuineness of Agency Area Certificates issued by the Tahsildar concerned. Out of 28 certificates produced by the candidates, the Authorities felt only two certificates were genuine and remaining including petitioner’s were cancelled by the District Collector, Adilabad. Aggrieved by the same, some of the candidates filed Writ Petition No. 22952 of 2014 and batch wherein, initially, this Court granted interim direction suspending the order passed by the District Collector. By virtue of the above dispute, recruitment process was stopped. Aggrieved thereby, petitioner approached the 1st respondent and submitted representation dated 17.07.2014 to reconsider his Agency Area Certificate by considering the relevant evidence produced by her. Consequently, the 1^st respondent directed the Authorities to re- conduct the enquiry with regard to the genuinity of petitioner’s certificate. Accordingly, the respondent Authorities re- considered the entire material submitted by her and submitted a report concluding that Scheduled Area Certificate produced by her is genuine. Meantime, the Writ Petitions filed earlier were allowed by the judgment dated 27.04.2017. In view of the said judgment, the respondent authorities decided to complete the selection process and accordingly, issued orders to the short- listed candidates to attend walking test. The 3^rd respondent therefore, issued proceedings dated 24.03.2018 to petitioner to attend the walking test at Forest Complex, Adilabad and petitioner participated in the test on 07.04.2018 at 05.00 A.M. Thereafter, in the merit list prepared separately for the post of FBO and ABO, petitioner secured 105 marks and show at Sl.No. 14 and a provisional list was prepared dated 07.04.2018 with six candidates for the post of FBO and ten candidates for ABO.

It is stated that on verification of the said list, one B.Manga was selected for both the posts; once Manga was selected to the post of FBO, petitioner is entitled to be considered for the post of ABO as she was the next meritorious person. In view of the same, petitioner submitted representation dated 10.04.2018 to the District Forest Officer/ District Collector / Conservator of Forests/ MLA to consider her claim for appointment to the post of ABO. Petitioner states that in similar circumstances, the government issued G.O.Ms.No. 61 dated 29.10.2010 to consider the claim of the candidates who applied for two posts and selected for both the posts in selection, will be considered for the higher post only and selection in the lower post will be automatically cancelled to accommodate the next meritorious candidate in