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High Court for State of TelanganaWP/9588/2017dismissed no costs

Andru Avinash v. The State Of Telangana,

2017-03-22P Naveen Rao4 pages

HONOURABLE SRI JUSTICE P.NAVEEN RAO Date: 22.02.2017 Between:

Andru Avinash S/o Raja Rao, Aged about 27 years, Unemployee, r/o. H.No.15-1-185/1A, Bhagvandas Colony, Bhadrachalam, Bhadrachalam District. .....Petitioner And The State of Telangana, rep.by its Principal Secretary, Home Department, Secretariat Buildings, Hyderabad and another.

.....Respondents The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

Petitioner responded to the recruitment notification dated 31.12.2015. Petitioner belongs to Scheduled Tribe category. In the recruitment against vacancies reserved for local candidates of Khammam district. The cut-off mark was 98.5 for the post of Police Constable (Armed Reserve) or Fireman, whereas petitioner secured 99 marks. Grievance of the petitioner is that he should have been considered as local candidate for selection to the post of Police Constable (Armed Reserve) or Firemen and insisting petitioner to produce residence certificate is illegal. 2.

On perusal of the application form submitted by the petitioner, it is noticed that petitioner has clearly written that from Classes 4th to 10th, he has studied in 'other than Telangana'. Learned counsel for petitioner states that petitioner prosecuted education from 6th class to 10th class in Z.P.High School, Marrigudem, Kunavaram Mandal, Khammam District. 3.

Posts notified in 31.12.2015 notification are organized as district category posts. The recruitment to posts in Government service is governed by the A.P.Public Employment (Organization of Local Cadres and Regulation of Direct Recruitment) Order 1975 (Presidential Order). Presidential order prescribes reservation to district cadre post to the extent of 80% for local candidates of that district and 20% as open to all, where local candidates of the district can also compete.

3.

After bifurcation of the State of Andhra Pradesh and formation of separate State of Telangana from 02.06.2014, seven Mandals of Khammam district are made part of State of Andhra Pradesh including this Mandal.

Thus, after 02.06.2014, Kunavaram Mandal, where petitioner prosecuted education from 6th to 10th class became part of State of Andhra Pradesh. Thus, after 02.06.2014, petitioner cannot be treated as local candidate of Khammam district. The cut-off marks mentioned by the petitioner are meant for the local candidates of Khammam district for the vacancies reserved for local candidates. Since these facts are not in dispute, claim of the petitioner that he should have been considered or appropriate response ought to have given to him merits no consideration. Writ petition is liable to be dismissed in limini and is accordingly dismissed.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ___________________________ JUSTICE P.NAVEEN RAO Date: 22.03.2017 kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO Date: 22.03.2017 kkm