HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 35829 OF 2014

O R D E R:

Petitioner passed SSC in Khammam District and ITI in the trade of Electrician with 580/700 marks. He belongs to BC-B community. It is stated that 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 that of 1755 vacancies including all backlog vacancies. Petitioner appeared for selection with Hall Ticket No. 30600044 and he got 64.86. He earlier filed Writ Petition No. 9193 of 2013 questioning the action of respondents in not allowing him for trade test scheduled on 13-04-2013 and this Court on 28-03-2013 directed respondents to subject petitioner to trade test, pursuant to which, petitioner has been permitted for trade test. He has been shown as below cut-off marks by considering his candidature only in the generating stations which falls within the districts in which he studied SSC and he has not been 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 of marks in other generating stations. Aggrieved by the same, petitioner filed Writ Petition No.22022 of 13 and the same is pending for consideration.

While so, respondents issued Provisional Selection List of candidates appointed in respect of post notified in O&M KTPS Palvancha and K.T.P.S. V Stage. Marks of petitioner are 64.86, where as the cut-off marks notified in BC.B Category are 76.94 and upon verification of selection list, petitioner came to know that respondents have violated rules of selection. The following irregularities were (i)Candidates belong to BC'B' with merit marks are selected against BC'B' roster vacancies only.

Sl. No Roster Point Marks

34. BC ‘B’ 81.89 63. BC ‘B’ 24 80.84 74. BC ‘B’ 35 80.73 Whereas O.C vacancies filled up with other communities with lesser marks.

Sl. No Roster point Marks

90. OC Filled with S.C- 80.31

92. OC Filled with BC ‘A’- 78.37 96. OC Filled with BC ‘B’-78.31 100. OC Filled with BC ‘B’-77.63 102. OC Filled with BC ‘A’- 78.17 106. OC Filled with BC ‘A’- 78.01 Sl. No Rooster point Marks 113. BC ‘B’ 77.57 124. BC ‘B’ 77.03 Whereas OC vacancies filled up with other communities with lesser marks.

Sl. No Rooster points Marks

115. OC Filled with BC ‘A’- 77.06

121. OC Filled with SC- 76.16 125. OC Filled with SC- 76.01 127. OC Filled with SC- 76.07

131. OC Filled with BC ‘C’-75.49

141 OC Filled with SC- 75.64 (ii) Though roster point no.94 ought to be filled with BC’B’ it was filled up with BC’E’

with 76.24 marks.

(iii) Similarly Roster Point 69 though prescribed for BC’B’ as per G.O.674, dt.30-10-

2008, but filled up with BC’E’ Candidate.

Apart from the above, respondents notified total nine vacancies in BC.B category in K.T.P.S. O&M and one back log vacancy. Out of nine posts, one was included in state-wide pool to be filled up from state-wide merit list while eight vacancies are to be filled up with local candidates but respondents filled up two vacancies from non-local candidates (Non Local) and seven only from local candidates such action is illegal. Arbitrary and further two more vacancies which were ought to be filled with BC-B as per the roster have been filled up with BC-E candidates, due to the above irregularities petitioner has been deprived of appointment. Therefore, petitioner filed Writ Petition No. 2360 of 2014 challenging the action of respondents in selecting meritorious candidate belonging to BC-B category against BC-B Roaster Vacancies instead of selecting them against OC vacancies. In the said Writ Petition, vide order dated 20-08-2014, respondents were directed to consider petitioner against the existing vacancies of Junior Plant Attendant in KTPS Palavancha, Khammam dis