HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 26040 OF 2017

O R D E R:

This Writ Petition is filed aggrieved by the action of respondents in not considering petitioner’s claim for appointment to the post of Veterinary Assistant though he secured higher marks.

2. Petitioner, who admittedly, belongs to BC-B category, claims to have prosecuted Intermediate Vocational Course in Dairy and Poultry Science and e is fully eligible and qualified to hold the post of Veterinary Assistant in accordance with the Rules issued in G.O.Ms.No.26, Animal Husbandry, Dairy Development and Fisheries (AH II) Department, dated 28.06.2004. As per the said G.O., 50% vacancies are meant for direct recruitment and 50% for in-service candidates working in the department. It is relevant to submit that, during 2006, Sri Venkateswara Veterinary University also introduced the Veterinary Polytechnic Courses for 2 years. Therefore, the Government issued amended Rules through G.O.Ms.No.27, dated 03.05.2008 giving eligibility to the Polytechnic candidates of S.V.V. University on par with Intermediate Vocational Candidates.

While so, responding to the Notification issued by the 3rd respondent dated 27.10.2008 for filling up the post of Veterinary Assistant in the State including Khammam District, petitioner is stated to have submitted Application but the same was not received on the ground that Rules were amended through G.O.Ms.No.27, dated 03.05.2008. Aggrieved thereby, petitioner along with others filed O.A No.9611 of 2008, wherein the Tribunal granted interim direction on 21.11.2008 to receive their Applications and permit them for selection process, but not to announce the results. Pursuant thereto, petitioner is stated to have attended interview and waiting for appointment orders.

In the meantime, similarly-situated persons approached the Tribunal challenging amendment to Clause (ii) (b) against the post of Veterinary Assistant in category-4 in class-A under the method of appointment in table rule -5 to the Rules issued in G.O.Ms.No.26 dated 28.06.2004 by way of amendment notified vide G.O.Ms.No.27, dated 03.05.2008, in O.A.No. 10298 of 2008 and batch. The Tribunal granted interim direction suspending the impugned amendment of undergoing one year departmental training. Consequently, it is stated, respondents issued G.O.Ms.No.6, dated 10.02.2009 dispensing with one year departmental training prior to selection. Therefore, the Tribunal disposed of O.A.No. 10298 of 2008 and batch by judgment dated 21.12.2009 directing respondents to declare results in respect of the candidates who submitted Applications prior to amendment and they should be appointed by ignoring the condition imposed in G.O.Ms.No.27, dated 03.05.2008. Pursuant to the said order, the 2nd respondent issued U.O Note No. 22486/B.III/B 24/2009, dated 14.10.2010 imparting training of one year Veterinary Assistants course for selected candidates and accordingly, 74 candidates were sent for in-service training. The grievance of petitioner is that he secured 702 marks in Intermediate, however, the persons with less marks got selected and appointed to the post of Veterinary Assistant. In spite of repeated representations, respondents have not provided merit list. Under the Right to Information Act, he could secure the list of selected candidates which discloses that the persons secured less marks than petitioner were appointed.

It is stated, similarly-placed persons belonging to Warangal District filed O.A.No.1141 of 2015, wherein the Tribunal granted interim direction stating that "Pending disposal of the O.A., as the applicants possess Intermediate Vocational Course in Diary and Poultry Science and attended interview on 26.11.2008 and their names were shown in the merit list, Respondents 2 and 3 are directed to consider their cases for undergoing one year training course and for appointment to the post of Veterinary Assistants in the existing vacancies in terms of Memo No.6175/AH-II(2)/2012, date