High Court for State of TelanganaWP/36192/2016dismissed no costs

Smt. S. Pushpalatha v. The District Medical And Health Officer,

2016-10-27V Ramasubramanian,Gudiseva Shyam Prasad3 pages

HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN AND HON'BLE SRI JUSTICE G.SHYAM PRASAD Writ Petition No.36192 of 2016 Order: (per V.Ramasubramanian, J.) The petitioner has come up with the above writ petition challenging the dismissal of her application for appointment to the post of Lab Technician.

2. Heard Mr. Gopala Rao Gandrakota, learned counsel for the petitioner.

3. By a Notification bearing No.1/2007 issued in March, 2008, the respondents invited applications from eligible candidates for appointment to Para-Medical posts on contract basis. The petitioner applied but was not considered. Therefore, she filed O.A.No.7570 of 2008. In the said application, the Tribunal granted an interim order dated 15-9-2008 to allow the petitioner to attend the counselling on 16-9-2008. The petitioner was permitted for counselling but was not selected. Eventually O.A.No.7570 of 2008 was disposed of.

4. In the year 2011 when there was no notification at all, the petitioner made a representation and filed a second application in O.A.No.2437 of 2012 seeking a mandamus before the Tribunal to consider her for appointment. The Tribunal dismissed the application, forcing the petitioner to come up before us.

5. Apparently, there was no notification in 2011. Therefore, the question of considering the petitioner for appointment pursuant to her representation dated 20-10-2011 did not arise. In any case, the respondents filed a reply before the Tribunal that there was neither a notification nor a representation. Therefore, it is not possible for the respondents to consider the individual representations when no recruitment process had been initiated. As a result, we find that the order of the Tribunal is perfectly justified.

6. It appears that there is a recent recruitment notification bearing No.3 issued in July, 2016. If the petitioner had applied and if she is qualified as per the rules, she may be considered in accordance with the statutory rules. Accordingly, the writ petition is dismissed. The miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs.

___________________________ V.RAMASUBRAMANIAN, J.

______________________ G.SHYAM PRASAD, J.

27th October, 2016.

Ak Note:- Issue C.C. by 28-10-2016.

(B/o) Ak

HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN AND HON'BLE SRI JUSTICE G.SHYAM PRASAD Writ Petition No.36192 of 2016 (per VRS, J.) 27th October, 2016.

(Ak)