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3 While the matter stood thus, as there was no ex-service candidates available to fill up the Physical Education Teachers posts, the petitioner filed O.A.No.12224 of 2009 before the Tribunal for conversion of Ex-servicemen quota posts to open category. The said O.A. was allowed on 22.03.2010 directing the respondents to consider the case of the petitioner for appointment according to the merit ranking issued by the DSC for roster points 13 and 37, which are earmarked for Ex-servicemen. Thereupon, the Government issued Memo dated 04.06.2010 permitting the Commissioner and Director of School Education to appoint eligible candidates of DSC 2008 as per merit under O.C (G) category in the resultant vacancies meant for Ex-servicemen. The petitioner came to know through an application made under RTI Act from the District Educational Officer, Medak at Sangareddy that the Ex-Servicemen quota posts were filled up by (1) Md. Hasham Ali, 37 marks, Rank No.113 and (2) Akki Swamy, 46.5 marks, Rank No.29.

4 Petitioner further submits that the second respondent issued proceedings dated 26.03.2014 rejecting his case for appointment to the post of Physical Education Teacher after revaluation of marks as per the orders of the Tribunal stating that the last selected candidate under OC category is one K.Raja Goud who got 49 marks whereas the petitioner got only 46.50 marks after adding marks as per the directions of the Tribunal. The petitioner filed an appeal to the Government on 18.06.2014 stating that two candidates who are less meritorious than him were appointed in the resultant vacancies meant for Ex-Servicemen quota which is contrary to the orders passed by the Government vide Memo dated 04.06.2010. Thereafter, the petitioner filed W.P.No.38837 of 2018 and during the pendency of the said writ petition the first respondent issued the impugned Memo dated 16.11.2018 rejecting his claim for appointment stating that the petitioner is not coming under selection zone in OC category and his candidature is not feasible for consideration for selection as the other candidates have more marks than the petitioner. Hence the present writ petition. 5 Official respondents filed counter affidavit stating that after revaluation of the answer sheet the petitioner got 47 marks whereas the last selected candidate K.Raja Goud got 48 marks. The fourth respondent Akki Swamy also got 48 marks after revaluation whereas the petitioner got 47 marks after revaluation. So the petitioner did not come into the selection zone. It is further submitted that DSC - 2008 selections and appointments were made in 2010. As per the Notification which is a statutory one, there is no waiting list and the selection of candidates should be limited to the number of vacancies notified. It is not mandatory that the vacancy earmarked for Ex-servicemen should be filled only with OC candidate, even the BC/SC/ST candidates who got higher marks than the O.C candidate can be filled in the PET vacancy earmarked for Ex-Servicemen when it was filled by O.C candidates. It is not feasible to consider any of the requests for selection and appointment of candidates who were not in the merit list of DSC- 2008 at this distance of time since as of today there are no vacancies available which were notified in DSC-2008, Medak district selections.

15 The learned Government Pleader submitted that the DSC- 2008 selections and appointments were made as long back as in 2010. As per the Notification which is a statutory one, there is no waiting list and the selection of candidates should be limited to the number of vacancies notified. It is not feasible to consider any of the requests for selection and appointment of candidates who were not in the merit list of DSC-2008 at this distance of time since as of today there are no vacancies available which were notified in DSC- 2008, Medak district selections.