THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.5131 OF 2020
ORDER:-
This writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:
"......pleased to issue a writ, order or direction more
particularly one in the nature of WRIT OF MANDAMUS declaring the
action on the part of Respondents in not qualifying the Petitioner for
recruitment of the post of Assistant Motor Vehicle Inspector as per notification No.11/2018 Dt.05.12.2018 issued by 2nd Respondent and also certificate of physical fitness issued by 3rd Respondent as illegal, irregular, irrational, arbitrary, without jurisdiction of law without any authority of law and violative of the provisions of said statute and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the Respondents to re-conduct Medical Test through Respondent No.3 and process the selection of the petitioner and to pass....."
2. Though the petitioner made several allegations against the respondents, during hearing, Sri V.Nageswara Rao, learned counsel for the petitioner, requested this Court, without touching the merits of the case, to issue a direction to respondent No.3 to dispose of the representation submitted by the petitioner on 03.02.2020.
3. Learned Government Pleader for Transport appearing for respondent No.1 and Sri N.Addanki Rama Chandra Murthy, learned Standing Counsel appearing for respondent No.2, readily agreed to dispose of the representation of the petitioner dated 03.02.2020, if any, pending with the respondent authorities keeping in view G.O.Ms.No.147, Finance (HR-1, Plg.Policy) Department, dated 06.08.2016.
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4. In view of the submission of the learned Government Pleader for Transport and the learned Standing Counsel, I need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in the case of The Government of India v. P.Venkatesh1, wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do no service to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to respondent No.3 to dispose of the representation, dated 03.02.2020, submitted by the petitioner keeping in view G.O.Ms.No.147, Finance (HR-1, Plg.Policy) Department, dated 06.08.2016, I find no other alternative except to issue such direction.
5. In the result, the Writ Petition is disposed of, directing respondent No.3 to dispose of the representation submitted by the petitioner on 03.02.2020, keeping in view G.O.Ms.No.147, Finance (HR-1, Plg.Policy) Department, dated 06.08.2016, within a period of one month from today. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
_________________________________________ JUSTICE M.SATYANARAYANA MURTHY Date : 8.2.2021 AMD 1 2019 (8) SCALE 544 3 11 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION No.5131 OF 2020 Date : 08.02.2021 AMD