The High Court dismissed a writ petition wherein a Scheduled Caste driver candidate challenged his non-selection for 197 contract posts. The Court found the selection valid as it was based on driving test marks, noting the petitioner scored 52.5 while the last selected SC candidate scored 69.
Writ petition dismissed.
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HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO
WRIT PETITION No.7363 of 2011
ORDER :
The petitioner belongs to S.C. category and a local candidate of Warangal District. He passed 5th Class and he has driving licence in HGV, HPV and LMV. He is eligible for the post of Driver.
2. While so, the 1st respondent issued a notification on 31.07.2010, for the post of Driver in APSRTC, Warangal Region for filling up 197 posts on contract basis. The petitioner submitted application on 17.08.2010 along with others. A call letter was issued to him asking him to attend for interview on 07.01.2011 along with the requisite original certificates including the community certificate. On 26.02.2011, a provisional selection list of Drivers was prepared and he was not in the selected list of candidates. When the selected candidates were called for medical examination, he filed the writ petition challenging the select list of Drivers, prepared on 26.02.2011.
3. A counter was filed on behalf of respondents admitting that a notification was issued on 31.07.2010 for filling up 197 posts of Drivers on contract basis in Warangal Region. The petitioner submitted his application and he was asked to attend interview on 07.01.2011 with requisite certificates. The Screening Committee verified original certificates and the candidates were subjected to driving test. The selection of the candidates was made on the basis of the average marks obtained in the driving test conducted by the Testing and Finalizing Committee. The petitioner secured 52.5 marks, whereas the last S.C. candidate secured 69 marks. In view of the same, the petitioner was not selected.
4. This Court carefully perused the notification, selection list and is
satisfied that the non-selection of petitioner was on the basis of marks obtained by him. There is no ground to issue any Writ as prayed for in the writ petition and the writ petition is accordingly dismissed. No costs.
As a sequel, pending miscellaneous applications, if any, shall stand closed.
_____________________________ A.RAMALINGESWARA RAO, J
17th February 2016
ajr
2 issues framed by the court
Whether the non-selection of the petitioner, a Scheduled Caste candidate, was legally sustainable since the selection was based on average driving test marks.
Whether the impugned selection list causing the petitioner's non-selection was void.
Petitioner
Respondent
A. RAMALINGESWARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
