HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 7817 OF 2015

O R D E R:

Petitioner’s case is that he passed SSC in Khammam District and ITI in the trade of Electrician with 569/700 marks. He belongs to BC-A community. Respondents issued Notification dated 05-01-2011 notifying 1086 posts of Junior Plant Attendant in various generating stations. Thereafter, supplementary notification was issued on 17-10-2011 increasing the posts to 1755 including all backlog vacancies. Petitioner appeared for selection with Hall Ticket No. 30600220 and got 62.39 marks. Respondents while declaring results, notified cut-off marks in respect of each generating station with reference to the District. It is submitted that petitioner was shown as below cut-off marks by considering his candidature only in the generating stations which falls within the districts in which petitioner studied SSC and his case was not considered for the posts in other generating stations by treating him as Non-local by applying A.P. Public Employment (Organization of Local Cadre and Regulation of Direct Recruitment) Order, 1975 (herein after referred to as ‘presidential order’) though petitioner is within cut-off marks in other generating stations.

It was further stated that respondents issued Provisional Selection List of candidates appointed in respect of posts notified in O&M K.T.P.S Palavancha and K.T.P.S. V Stage. The marks of petitioner are 62.39, whereas cut- off marks notified in BC.A Category in KTPS are 76. Upon verification of selection list, he came to know that respondents have violated rules of selection and reservation. Verification of selection list shows the following irregularities.

(i) Candidates belong to BC‘A’ with merit marks are selected against BC‘A’ roster vacancies only.

Sl.No. 59 with Roster Point 20 BC ‘A’ and 81.31 marks.

Sl.No. Roster Point Marks 71. 32OC 80.91

75. 36OC 80.8(SC) 76. 37OC 80.71(SC) 85. 46OC 80.6(OC) 87. 48OC 80.5(OC) 90. 51OC 80.31(SC)

109. 70BC‘A’ 77.71(BC‘A’)

Whereas S1.No. Roster Point Marks

112. 73OC 77.57—BC‘B’Appointed 1119. 80OC 77.03—BC‘B’ Appointed Sl.No. Roster Point Marks

1to 8. 79 BC‘A’ 77.37 BC‘A’ Appointed Whereas O.C. Vacancies filled up with other communities with lesser marks.

Sl.No. Roster Point Marks

121. 82OC 76.16 SC Appointed Whereas OC vacancies filled up with other communities with lesser marks.

It was further stated, as per note III of the notification as per G.O.Ms.No.98, dated 15-04-1986, “The vacancies if any left- over or unfilled out of 50% of vacancies earmarked for Land Losers/displaced persons by virtue of non-availability of candidates with prescribed qualifications for the post of JPA and as per the selection procedure prescribed in the above G.O. shall be converted as “General Vacancies” and shall be filled up with non-displaced persons/general candidates. Out of total notified vacancies, 50% vacancies were earmarked to be filled up with Land Losers. It is submitted, after finalization of recruitment, the vacancy position as furnished by respondents under the Right to Information Act is as follows:

Notified Vacancies Vacancies filled up Carry forwarding KTPS(O&M) 170 160 10 According to petitioner, the above would show that there are total 10 vacancies left unfilled. Therefore, in view of the vacancies existing left unfilled out of total vacancies notified, respondents sought to have considered the candidates below the cut-off marks notified in proportion to the vacancies now remained vacant but acting contrary and in arbitrary manner, respondents have been stating that vacancies left unfilled from the General Recruitment as well as land looser category have been carried forward to next General recruitment which action is illegal, arbitrary unconstitutional. Petitioners marks are 62.39 therefore, lost selection with 13.61 marks and as per the vacancy position, there are 10 existing vacancies remained unfilled which are earmarked for Scheduled Tribe candidates and if respondents consider the candid