S.Srinivasulu, S/O Mallaih, vs The Collector, Mahabubnagar ...
2023 Latest Caselaw 3343 Tel

     THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
                        AND
     THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR

                  WRIT APPEAL No.351 OF 2011

JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)

       Mr. D.V. Shrikanth, learned counsel appears on behalf of

Mr.D.L. Pandu, learned counsel for the appellant.

2.     This intra court appeal is filed against the order dated

08.04.2011 passed by the learned Single Judge by which Writ

Petition No.22010 of 2010 preferred by respondent No.4 has been

disposed of.

3. Respondent No.4 had filed a writ petition seeking a direction

to respondent Nos.1 to 3 to fill up the dealership vacancy of newly

created fair price shop by selecting a person from BC (Woman)

community.

4. In view of the stand taken by the Revenue Divisional

Officer in the counter affidavit, the learned Single Judge has found

that the apprehension of the writ petitioner that the vacancy is

sought to be filled up by appointing a person belonging to the

scheduled caste category is misconceived. It has further been held ::2::

that the BC candidate has already been selected and therefore an

order of appointment has been directed to be issued in favour of the

selected candidate.

5. We have heard learned counsel for the appellant.

6. We therefore find any ground to interfere with the order

passed by the learned Single Judge. The order does not suffer from

any infirmity in the exercise of intra court appeal. The vacancy

was not reserved for scheduled caste category and therefore the

same has rightly been filled up with BC (Woman) candidate.

7. In the result, the appeal fails and is dismissed. There shall be

no order as to costs.

As a sequel, miscellaneous petitions, pending if any, stand

closed.

__________________ ALOK ARADHE, CJ

________________________ N.V.SHRAVAN KUMAR, J Date:19.10.2023 Lrkm