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High Court for State of TelanganaWP/32870/2014dismissed no costs

Nagadasu Johnson Jacob, v. The Secretary, Andhra Pradesh Public Service Commission,

2015-01-27Ramesh Ranganathan,M.Satyanarayana Murthy2 pages

THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN And THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION No.32870 of 2014 ORDER: (per Hon'ble Sri Justice Ramesh Ranganathan) This Writ Petition is filed questioning the order of the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A.No.5995 of 2008 dated 03.07.2013. The petitioner herein, a graduate in Sciences, obtained Post Graduate Diploma in Communication & Journalism from the fourth respondent college during the academic year 1999-2000. Pursuant to the notifications issued by the first respondent dated 05.07.2006 and 10.10.2007, to fill up thirteen posts of Assistant Public Relations Officer, the petitioner submitted his application, appeared for the written test and, on his being successful therein, was issued memo dated 11.06.

2008 asking him to attend the certificate verification exercise on 23.06.2008 to enable him to be called for oral test/interview. When the petitioner appeared on 23.06.2008, the first respondent expressed reservation regarding his eligibility for being appointed as an Assistant Public Relations Officer. The petitioner was, however, called for interview. As he was not appointed as an Assistant Public Relations Officer, the petitioner invoked the jurisdiction of the APAT contending, among others, that, in terms of G.O.Ms.No.480 dated 23.09.1994, the diploma issued by the fourth respondent college is also an eligible qualification for being appointed as an Assistant Public Relations Officer.

By the order under challenge herein, the Tribunal held that the diploma issued by the fourth respondent was the prescribed qualification for appointment by transfer to the post of District Public Relations Officer and Assistant Director of Information only, and not for the post of Assistant Public Relations Officer. As the educational qualification which the petitioner possessed did not fulfil the eligibility criteria, for being appointed as Assistant Public Relations Officer, the APAT upheld the action of the Government in not appointing him to the said post. The rules in G.O.Ms.No.480 dated 23.09.

Information. The said G.O. has no application either to direct recruitment or for appointment to the post of Assistant Public Relations Officer. The order of the Tribunal does not suffer from any legal infirmity necessitating interference in proceedings under Article 226 of the Constitution of India. Sri G.Srinivas, learned counsel for the petitioner, would seek liberty to question the validity of G.O.Ms.No.480 dated 23.09.1994 in appropriate legal proceedings. Granting liberty as sought for, the Writ Petition is dismissed. The miscellaneous petitions pending, if any, shall also stand dismissed. There shall be no order as to costs. ______________________________ RAMESH RANGANATHAN, J __________________________________ M.SATYANARAYANA MURTHY, J 27th January, 2015.

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