GOGINENI MURAHARI RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner is working as an Assistant Engineer in the Andhra Pradesh State Road Transport Corporation. Two vacancies arose in the category of Executive Engineers, which had to be filled in bv promotion from among the Assistant Engineers in the Corporation. The Regulations governing the service conditions, prescribed certain qualifications for promotion of Assistant Engineers to the posts of Executive Engineers. The Corporation found that none of the Assistant Engineers of the Corporation, including the petitioner, satisfy the said criteria, whereupon the General Manager wrote to the Selection Committee stating that since no candidate is eligible for consideration for promotion as per the Andhra Pradesh State Road Transport Corporation Regulations (or) as per the Andhra Pradesh Special Service Rules, the following procedure may be adopted for considering the candidates. He laid down the following criteria :-

(2.) Since selections were not stayed, pending the writ petition, I am now told that the Selection Committee has met and has selected the requisite number of candidates who have since been appointed on a regular basis. They are respondents to this writ petition.

(3.) Mr. K. Mahipathy Rao, the learned Counsel for the petitioner, contends that the selection and appointment of the said respondents in violation of the Regulations is illegal and the Corporation should be prevented from making such illegal appointments.