Mohammed Noushed and others vs Secretary, Govt. of A.P., Education Department, Hyderabad and others

B. Subhashan Reddy, J.—These writ petitions arise out of a common order dated 27-4-1998 passed by the A.P. Administrative Tribunal in a batch of OAs. viz., OA Nos.2968, 2293, 2399 of 1995; and 5973 of 1996. Filing these writ petitions, the petitioners have questioned the orders passed by the A.P. Administrative Tribunal rejecting the contentions raised by the petitioners that their cases had to be considered for selection to the post of Hindi Grade II Pandits in the vacancies that are available as on the date of notification viz., 28-7-1994. The Tribunal had rejected the claim on the ground that the appointing authority have the power to withdraw a notification and until appointments are made, no right accrues to the petitioners. But that is a question apart, as the real question is whether vacancies arising even after the notification can be filled with the candidates who have been called for the interview pursuant to the notification. In that context the foot note appended to the notification assumes relevance.

In the foot note it is clearly mentioned that the vacancies position is subject to variation. In fact a similar question arose for consideration before this Court in writ petition No.23308 of 1996 and by the judgment dated 16-12-1996, a learned single Judge has held that having regard to the foot note in the notification as also Rule 8(b) of G.O. Ms. No.221 dated 16-7-1994, which reads, "The number of'''' vacancies notified are subject to variation at any time", the vacancies arising later can be pooled for consideration of the candidates for appointment pursuant to the notification. It is not disputed by the learned Counsel appearing for the respondents that this judgment was affirmed by a Division Bench of this Court by its judgment dated 16-1-1997 in Writ Appeal No.1498 of 1996. In view of the same, these writ petitions are allowed.

Accordingly, there shall be a direction to the respondents 2 & 3 viz., The District Selection Committee, rep. by its Chairman, District Collector, Chittoor & The District Selection Committee, rep. by its Member/Convenor, District Educational Officer, Chittoor, to consider the cases of the petitioners for selection to the post of Grade II Hindi Pandit in the vacancies that were available as on the date of the notification viz., 28-7-1994 within a period of one month from the date of receipt of a copy of this order.