APHC010325332022 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: Between: Rentala Sivanarayana The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. MANUBROLU SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following order Heard Sri Manubrolu Srinivasa Rao and learned Assistant Government Pleader for respondents. 2. The challenge in the writ petition is 5th respondent rejecting the claim made by the petitioner to appoint him vacancy that arose on account of Reddy, who stood first in the merit list office of the District Educational Officer, Kadapa. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 19533 of 2022 ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: MANUBROLU SRINIVASA RAO Counsel for the Respondent(S): GP FOR SERVICES II following order: Manubrolu Srinivasa Rao learned counsel for the petitioner Government Pleader for Services II appearing for the in the writ petition is to the proceedings respondent rejecting the claim made by the petitioner to appoint him on account of the disqualification of one Sri B.Chandra in the merit list, for the post of Junior Assistant in the office of the District Educational Officer, Kadapa. IN THE HIGH COURT OF ANDHRA PRADESH [3458] THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA ...PETITIONER ...RESPONDENT(S) learned counsel for the petitioner appearing for the the proceedings of the respondent rejecting the claim made by the petitioner to appoint him in the Sri B.Chandra for the post of Junior Assistant in the 3. The brief facts of the case are the petitioner had applied for the post of Junior Assistant, under the Special Recruitment Drive, 2016 for backlog vacancies reserved for Persons With Disabilities. The petitioner was placed second in the merit list published by the District Collector, Kadapa. The first ranker Sri B.Chandra Reddy, was appointed as Junior Assistant on 11.01.2018. However, upon verification of his certificates by the Police and Vigilance Department, it was found that the certificates produced by Sri B.Chandra Reddy were fake. The said Sri B.Chandra Reddy was dismissed from service vide proceedings dated 22.10.2021. 4. Thereafter, the petitioner requested the authorities to consider him for the vacant post of Junior Assistant, as he was the second ranker in the merit list. To this effect, the petitioner submitted representations before the authorities on 21.06.2021 and 04.10.2021. Subsequently, the petitioner filed a writ petition before this Court in W.P.No.27795 of 2021. The writ petition was disposed of with a direction to the 3rd respondent to pass appropriate orders on the representation of the petitioner. Pursuant to the order in the writ petition, the 3rd respondent passed the impugned order, observing that once the final selection list is prepared and the vacancies are filled, there is no concept of a waiting list for reserved posts. Any unfilled reserved posts will be carried forward for future vacancies of future recruitments. In such circumstances, appointing the petitioner to the post of Junior Assistant would not arise. If any selected person is subsequently removed or terminated from service, the resultant vacancy will be filled in future recruitment. 5. Learned counsel for the petitioner submits that the order passed by the 3rd respondent is unreasonable and does not specify the rule position supporting the observation. He urges the Court to direct the respondents to appoint the petitioner as Junior Assistant in the vacancy that arose due to the removal/dismissal of Sri B.Chandra Reddy, from services. 6. Learned Assistant Government Pleader for Services-II appearing for the respondents submits that once a vacancy has been filled through a selection process, and if any person appointed under that process is removed, dismissed, or terminated, the vacancy arising in such situations would be carried forward to future recruitment processes. 7. Considered the rival submissions, in the facts of the case, it is evident that Sri B. Chandra Reddy was appointed as Junior Assistant on 12.12.2017. However, the subsequent verification of his certificates, were found to be fake, he was dismissed from service on 22.10.2020. The vacancy thus arose is due to the removal of a selected candidate after three years of his appointment. Under these circumstances, the petitioner cannot seek any priority or precedent for his appointment. The vacancy will have to be filled through a fresh recruitment process and not based on the merit list of the previous selection process. 8. With the above observation, the Writ Petition is dismissed. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 23.04.2025 BSK 85 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 19533 of 2022 Date: 23.04.2025 BSK