HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.35811 of 2014 Date: 18-12-2014 Between Sk.Phoujiya … Petitioner and The APSRTC, Rep. by its VC & MD, Bus Bhavan, Musheerabad, Hyderabad, Telangana State; and another … Respondents HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.35811 of 2014 Order:
Heard Sri P.Venkateshwer Rao, learned counsel appearing for the petitioner and Smt. D.Radhika, learned Standing Counsel for the respondents-Andhra Pradesh State Road Transport Corporation (the Corporation, for short).
2. This writ petition is filed seeking to declare the action of the respondents in not considering the petitioner for appointment to the post of conductor in pursuance of Notification dated 25-5-2011 in APSRTC, Nalgonda Region on the ground that she has not enclosed the Study Certificate from 4th to 8th class for declaring as local candidate is bad, arbitrary and illegal, and contrary to the APSRTC Recruitment Regulations by setting aside the letter dated 09-4-2014 of the 2nd respondent and consequently direct the respondents to appoint the petitioner as conductor on par with her batchmates.
3. Pursuant to the Notification issued by the respondents-Corporation on 10-6-2011 for the recruitment of the posts of 143 conductors and 58 drivers on contract basis, the petitioner submitted an application for the post of conductor. She received a call letter and submitted the relevant certificates to the authorities of the respondents-Corporation. Subsequently, she noticed that some of the candidates who are less meritorious were selected but she was not selected. Enquiries made by her with the respondents- Corporation having recourse to the Right to Information Act revealed that as she failed to submit Study Certificate from IV Class to VII Class and submitted only Study Certificates for VIII Class to X Class, she was not considered to be a local candidate and that all the posts were meant for local candidates.
4. The learned counsel appearing for the petitioner invited the attention of this Court to the judgment of a Division Bench of this Court in W.A.No.741 of 1999 wherein the Division Bench took the view that the respondent-Corporation has no legal authority to limit the recruitment only to candidates belonging to a region of the State in which the posts/vacancies arise and that such course of action is violative of the Regulations of the Corporation and also violative of Article 14 of the Constitution of India. In the instant case also, the respondents-Corporation is not supposed to confine the recruitment only to the candidates belonging to Nalgonda Region and consider it as a unit for the purpose of recruitment. Further, it is submitted by the learned counsel appearing for the petitioner that the petitioner is a native of Nalgonda District and is a local candidate and she is ready to produce Study Certificates from IV Class to VIII Class.
5. In view of the aforementioned circumstances, the petitioner is directed to make a representation to the respondents-Corporation to reconsider her case for appointment to the post of conductor in the existing BC-E Women Category and produce the required certificates before the concerned authority and upon such representation, the respondents-Corporation are directed to consider the case of the petitioner according to Rules governing the recruitment. The writ petition is disposed of accordingly. The miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs.
R.KANTHA RAO, J.
18th December, 2014. Ak HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.35811 of 2014 18th December, 2014. (Ak)