Dr Arshiya Parveen v. The State Of Telangna

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.33805 OF 2018 Dated:03.10.2018 Between:

Dr. Arshiya Parveen, D.o. Moh. Abdul Quader, Aged about 36 years, Occ: Unemployee, R/o.H.No.19-2-323, Palam Road, Kamatipura, Hyderabad .. Petitioner And The State of Telangana, rep., by its Principal Secretary, Medical, Health and Family Welfare Department, Secretariat, Hyderabad and another .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.33805 OF 2018 ORDER:

Heard learned counsel for petitioner and learned Government Pleader for Medical, Health and Family Welfare appearing for the respondents.

2.

This Writ Petition is filed challenging the Recruitment Notification No.01/U//2018, dated 28.08.2018. 3.

Petitioner is Post Graduate in Unani Medicine from Government Nizamia Tibbi College, Hyderabad, affiliated to NTR University of Health Sciences, Vijayawada.

4.

According to learned counsel for petitioner, there are large number of vacancies in sanctioned posts, particularly in Unani Medicine, whereas only few vacancies are notified and the same is arbitrary and discriminatory. He further submits that when there are large number of vacancies available, the Government could not confine recruitment only to few vacancies.

5.

Learned Government Pleader, on instructions, would submit that the Government has intended to notify only eight vacancies in Unani Medicine in various disciplines and accordingly notification was issued. He would further submit that after formation of separate State, the roster was arrived at afresh and therefore the vacancies now notified are shown under new roster. 6.

It may be true that there are large number of vacancies available, but the petitioner cannot contend that the State should

fill all the vacancies available. It is within the domain of employer to notify the vacancies as required or assessed by him. The Court also cannot mandate to fill all the vacancies available and it is not within the purview of judicial review to issue mandamus as sought by the petitioner. Therefore, I see no merit in the Writ Petition and the same is liable to be dismissed. The Writ Petition is accordingly dismissed. Pending Miscellaneous Petitions, if any, shall stand closed.

____________________ P. NAVEEN RAO, J Date:03.10.2018 KH