J.Mohan Rao v. The State of Andhra Pradesh

Heard the learned counsel appearing on behalf of the petitioners and the learned Government Pleader for Home appearing on behalf of the respondents. The main grievance of the writ petitioners is against non-granting of the order on an application seeking interim relief pending substantive application filed under Section 19 of the Administrative Tribunals Act, 1985 in O.A.No.3948 of 2006 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (‘the Tribunal’ brevity). The case of the petitioners is that having regard to the qualification as prescribed which is under challenge; the petitioners’ applications are not considered and therefore, seek directions at least to receive their applications, so that it would amount to allowing the O.A. at a later stage. Admittedly, even according to the learned counsel, the process of appointment has not yet started and the Tribunal ordered Notice Before Admission. Hence, we do not find any reason to get into such proceedings at this stage invoking the extraordinary jurisdiction of Article 226 of the Constitution of India. The Writ Petition is accordingly disposed of with liberty to the petitioners to pursue their applications, which are already pending before the Tribunal. No costs. _________________ (B.PRAKASH RAO, J) _______________________ (RAMESH RANGANATHAN, J) 21st July 2006 RRB