O R D E R

This Writ Petition is filed by the petitioner with the following prayer:

“to issue a Writ or order or any proceedings or directions more particularly one in the nature of Writ of Mandamus declaring the appointment made to the third respondent as Asst Manager pursuant to the notification dated 2152008 in Rc No 7/2008/HRD/H1 as illegal arbitrary and consequently direct the respondents to appoint the petitioner as Asst Manager in Nizams Institute of Medical Sciences”

02. Heard Sri A. Rama Krishna Reddy, learned counsel for the petitioner and Sri G. Anandam, learned counsel for the respondent Nos.1 and 2 and Sri V. Ravi Kiran Rao, learned Senior Counsel for the respondent No.3 and perused the record.

03(a). Learned counsel for the petitioner submitted that the petitioner was initially joined the Nizams Institute of Medical Sciences as an Ancillary Nursing and Midwifery (ANM) on 14.02.1992. Thereafter, she acquired higher qualifications by completing a Master’s Degree in Hospital Management and also underwent internship from November, 2006 to May, 2007. While so, the respondent No.2 issued a notification dated 21.05.2008 vide Rc.No.7/2008/HRD/H1 inviting applications from eligible candidates, in the prescribed format, for filling up four (04) posts of Assistant Manager, earmarked as SC(Women)–1, BC(Group-A) (Women)–1, OC–1, and OC (Women)–1, in the respondent No.1–institution. As per the said notification, the prescribed qualifications are a Post Graduate Degree in Management or a Management-related discipline such as Personnel Management, Hospital Management, or Business Management from a recognized University/Institution, knowledge in computer applications relating to office management and five (05) years experience in Public/Private Hospital Management Assistance or Secretarial Assistance. The last date for submission of applications was stipulated as 05.06.2008 at 3:00 p.m., and the selection process was scheduled to be held on 14.06.2008 from 10:00 a.m. onwards.

03(b). Pursuant to the said notification, the petitioner submitted her application on 05.06.2008, which was duly received by the respondent No.1 and acknowledged vide ICR No.615094. However, on 13.06.2008 at about 6:15 p.m., the petitioner received a telephonic communication informing her that she had not been shortlisted for the interview and, therefore, need not attend the interview scheduled on 14.06.2008. The respondent No.2 selected the respondent No.3 for appointment to the post of Assistant Manager.

03(c). It is the further contended that the petitioner in respect of the OC(Women) category, she was the only eligible candidate who fulfilled all the prescribed conditions. However, with a view to favour the respondent No.3, who was then working as a Personal Secretary to the respondent No.2, the selection process was conducted in a biased manner. It is alleged that the interview was held on 14.06.2008 and appointment orders were issued on the very same day, and the respondent No.3 joined the post immediately thereafter. It is submitted that the petitioner is fully qualified, possessing a Master’s Degree in Hospital Management, and is more meritorious and eligible than the respondent No.3. Therefore, he prayed to declare the appointment of the respondent No.3 as null and void, being contrary to the notification and prescribed qualifications, and consequently direct the official respondents to appoint the petitioner as Assistant Manager.

04(a). On the other hand, the learned counsel appearing for the respondent Nos.1 and 2 filed a counter affidavit and submitted that, in response to the notification dated 21.05.2008, a total of 17 candidates applied, out of whom 8 candidates were shortlisted for the selection process. A duly constituted Selection Committee conducted interviews and assessed the candidates by awarding marks based on their academic qualifications, experience, performance in the interview, and their