WP/14539/2014 of Smt. K.Kavitha, Vs The Secretary, on 30 December 2014

THE HON'BLE SRI JUSTICE K.C.BHANUANDTHE HON’BLE MRS JUSTICE ANIS

WRIT PETITION No.14539 OF 2014

ORDER:- (per Hon’ble Sri Justice K.C.Bhanu)

This writ petition is filed challenging the order, dated 29.04.2014,in O.A.No.566 of 2013, which was disposed of along with O.A.No.970of 2013, on the file of the Andhra Pradesh Administrative Tribunal,Hyderabad (for short, “the Tribunal”) by way of a common order.

2. Petitioner/applicant filed the aforementioned Original Applicationbefore the Tribunal to call for the records relating to NotificationNo.25/2012, dated 29.12.2012, issued by respondent No.1 forrecruitment to the posts of Child Development Project Officers (forshort, “C.D.P.O.”) and declare that the action of respondent No.1 innotifying the proposed selection of candidates on State Wide Merit asillegal, arbitrary and in violation of the provisions of the PresidentialOrder and the Special Rules in force; and consequently, to set asidethe same.

3. The Tribunal, upon considering the material on record,dismissed the aforementioned Original Application. Challenging thesame, the applicant filed the present writ petition.

4. Against the common order, dated 29.04.2014, in O.A.No.970 of2013, applicant No.5 therein filed W.P.No.14332 of 2014 and the samewas dismissed by this Court holding that the writ petitioner therein,who participated in the written examination and became unsuccessful,cannot turn around and question the notification. The applicant inO.A.No.566 of 2013 filed the present writ petition.

5. Learned counsel for the petitioner/applicant contended that theissue involved in this writ petition is not covered by the judgment, dated 23.09.2014, in W.P.No.14332 of 2014 and therefore, it has to beheard and decided independently.

6. On the other hand, learned Standing Counsel appearing forrespondent Nos.1 and 2/Andhra Pradesh Public Service Commissionopposed the same on the ground that the prayers in both the OriginalApplications are one and the same and as W.P.No.14332 of 2014 wasdismissed, he prays to dismiss the present writ petition also.

7. The prayer in O.A.No.566 of 2013 relates to challenge made toNotification No.25/2012, dated 29.12.2012, issued by respondent No.1for recruitment of the posts of C.D.P.Os. Similarly, O.A.No.970 of 2013was also filed seeking the same relief challenging the samenotification issued by respondent No.1. Therefore, the issue in thepresent writ petition has been decided by this Court in W.P.No.14332of 2014 vide order, dated 23.09.2014. The only difference is that thewrit petitioner in W.P.No.14332 of 2014 was unsuccessful in thewritten examination, but in the present writ petition, the petitionerclaims that she is successful in the written examination and was calledto the interview. Still she is challenging the notification. Whennotification No.25/2012 itself is not quashed by this Court, we cannottake a different view than the one which was taken by this Court inW.P.No.14332 of 2014 on 23.09.2014. As the present writ petition iscovered by the said judgment, this writ petition is also liable to bedismissed.

8. Accordingly, the Writ Petition is dismissed. There shall be noorder as to costs. Miscellaneous Petitions, if any, pending in this WritPetition shall stand closed.

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JUSTICE K.C.BHANU

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JUSTICE ANIS

AMD

THE HON'BLE SRI JUSTICE K.C.BHANUANDTHE HON’BLE MRS JUSTICE ANIS

WRIT PETITION No.14539 OF 2014

DATE: 30.12.2014

AMD