IN THE HIGH COURT OF ANDHRA PRADESH A (Special Original Jurisdiction) FRIDAY .THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 8061 OF 2020 Between; Momin Mazaharuddin, S/o Momin Vali, Aged about 27 Unemployed, R/o H.No. 17-129/2, Share Ahmed Street. Velgode - 518 533, Kurnool District, Andhra Pradesh years. ...PETITIONER AND Andhra Pradesh Public Service Commission, New Government Office Building, 2"*^ Floor, M.G. Road, 0pp. Indira Gandhi Municipal Complex, Vijayawada - 520010, Krishpa District, Rep. by its Chairman. The Secretary, A.P. Public Service Commission, New Government Office Building, 2"'' Floor, M.G. Road, 0pp. Indira Gandhi Municipal Complex, Vijayawada - 520010, Krishna District. The State of Andhra Pradesh, Rep. by its Chief Secretary, A.P.Secretariat, Velagapudi.Amaravati, Guntur District. The State of Andhra Pradesh, Rep. by its Principal Secretary, General Administration Department, A.P.Secretariat, Velagapudi, Amaravati, Guntur District. Respondent Nos. 3 and 4 impleaded as per Court Order dated 21.03.2024 vide I.A.No. 1 of 2023 in W.P.No.8061 of 2020. 1. 2. 3. 4. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ order or direction, more particularly one in the nature of MANDAMUS, declaring the action of the Respondents herein in not selecting the Petitioner herein for the post of Assistant Motor Vehicle Inspector in Andhra Pradesh Transport Subordinate Service Vide Notification No.11/2018 (General 05.12.2008, communicated by the 2"^ Respondent herein Recruitment), dated on 18.03.2020, though the Petitioner was eligible by securing III Rank marks obtained as per the final in the online computer based test conducted 17.04.2019, pursuant to the Notification No. 11/2018 on as illegal, arbitrary given in the Recruitment Notification and contrary to the instructions No.11/2018 dated 05.12.2018 under the head Para-3 / Educational Qualifications and Consequently direct the Respondents appoint the Petitioner herein for the post of Assistant Motor Inspector in Andhra Pradesh Transport Subordinate to select and Vehicle Service, by revising Respondent dated the Final Notificati^.. communicated by the 2""^ r\n 18.03.2020, forthwith. communicated by the 2""^ r\n 18.03.2020, forthwith. lA NO: 1 OF 7090 Petition under Section 151 CPC stated in the affidavit filed in praying that in the circumstances support of the petition, the High Court pursuant to the Selection may be pleased to Stay all further proceedings Notification dated 18.03.2020, communicated by the 2nd Respondent herein, in so far as one post of Assistant Motor Vehicle Inspector in Andhra Pradesh Transport Subordinate Service under the Notification dated 05.12.2018, issued by the 2"“ Respondent herein: Counsel for the PetitionenSRI. J SUDHEER Counsel for the Respondents: GP FOR SERVICES-I :SRI G SEENA KUMAR, STANDING COUNSEL The Court made the following: APHC010134072020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY,THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 8061/2020 Between: Momin Mazaharuddin ...PETITIONER AND Andhra Pradesh Public Service Commission and Others Counsel for the Petitioner: ..RESPONDENT(S) 1.J SUDHEER Counsel for the Respondent(S): 1.GSEENA KUMAR 2.GP FOR SERVICES I The Court made the following: ORDER: Heard Ms. Neha Hassan, learned counsel representing Sri J. Sudheer, learned counsel for the petitioner and the learned Assistant Government Pleader for Services - I and Sri G. Seena Kumar the learned standing counsel for the APPSC. 2 2. The grievance of the petitioner is that the respondents did not select the petitioner herein to the post of Assistant Motor Vehicle Inspector, despite his selection in the provisional list. Pursuant to the Recruitment Notification No. 11/2018, dated 05.12.2018, the petitioner has applied for the post of Motor Vehicle Inspector. He was qualified in the screening test and attended online computer based test held on 17.04.2019 and secured 190.54 marks out of 300 marks. The petitioner was provisionally qualified. On 05.11.2019, the petitioner was asked to submit the original certificates for verification. The petitioner has attended for the same thereafter, final Selection Notification was published on 18.03.2020, however the petitioner was not selected to the post. Challenging the action of the respondents in not selecting the petitioner to the post of Assistant Motor Vehicle Inspector, the instant Writ Petition is filed. 3. The ground on which the petitioner was not selected for the post is that the petitioner does not possess a valid driving license required for the post. The license possessed by the petitioner is “Non Transport - Motorcycle with/ without gear, light motor vehicle Non Transport”. 4. 5. The 2"^ respondent has filed counter-affidavit stating that, as per the notification, one must hold a Degree in Mechanical Engineering or Automobile Engineering of recognized University OR Diploma in Automobile Engineering and must hold a motor driving license and have 3 ' experience in driving motor vehicles for a period of not less than three (03) years and possess Heavy Transport Vehicle endorsement. In case, persons with three (03) years experience in driving motor vehicle are not available, in such cases the persons with two (02) years experience in driving motor vehicles may be appointed. It has been stated by the respondents that one must have experience of three (03) years in driving motor vehicle not the motor cycle. It is further contended that as per the data, received from the Transport Authority the petitioner acquired light motor vehicle license on 10-1-2017, thus does not possess the required qualification. Therefore the respondents have rightly rejected the case of the petitioner. Learned counsel for the petitioner draws the attention of the Court to the definition of “motor vehicle” and “motor cycle” as defined under 6. the provisions of Motor Cycles Act, 1988, which are as follows; ‘‘Section 2 (28): "motor vehicle" or "vehicle":- means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion Is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding [twenty-five cubic centimeters] (i.e. "thirty-five cubic centimeters" by Act 54 of 1994, w.e.f, 14.11.1994). 4 Section 2 (27): "motor cycle": means a two-wheeled motor vehicle, inclusive of any detachable side-car having an extra wheel, attached to the motor vehicle. ” Thus contends that the license that the petitioner is possessing is valid license to meet the requirement of the impugned notification dt. 18-03- 2020. Considered the rival submissions. The qualifications prescribed by the 2"^* respondent are as follows; 7. educational “il) Must hold a Motor Driving License and have experience in driving motor vehicles for a period of not less than 3 years and possess Heavy Transport vehicle endorsement. Provided that where persons with 3 years experience in driving motor vehicles are not available, persons with two years experience in driving motor vehicles may be appointed. Provided further that In case of Women, they must hold a Motor Vehicle driving license, if they are holder of Light Motor Vehicle Driving License only, they shall acquire the Heavy Transport Vehicle Endorsement within two years of their joining the service as Assistant Motor Vehicles Inspector, failing which their services will be terminated without assigning any reasons. ” As noted from the driving license of the petitioner, it appears that the license has been issued on 24.08.2018. Having regard to the same, the petitioner does not possess the required experience of 2/3 years experience in driving the motor vehicle as on date of the Notification for 8. Recruitment, therefore, whether the license held by the petitioner is heavy motor vehicle license or light motor vehicle license would not merit any W consideration at this hour, since the driving license was issued to the petitioner on 24-08-2018, thus the petitioner lacks required experience driving the motor vehicle, as per the recruitment notification. I therefore do not find any merit in the contentions advanced on behalf of the petitioner. 5 in 9. With the above observation, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, ( 1. One CC to SRI. J SUDHEER Advocate [OPUC] 2. One CC to SRI. G SEENA KUMAR Advocate [OPUC] 3. Two CCs to GP FOR SERVICES-I, High Court Of Andhra Pradesh. [OUT] 4. Three CD Copies HIGH COURT \ DATED:02/05/2025 ORDER OF ANDW^ 55 JU' m WP.No.8061 of 2020 ar 09 o Curreni Seciion * DISMISSING THE WRIT PETITION WITHOUT COSTS