- (1.)This court ordered notice before admission on 15-11-2007 and issued Rule Nisi on 13-12-2007. Counter affidavits are filed.
(2.)Sri Ch.Shankar Rao-writ petitioner filed the present writ petition praying for a Writ of Mandamus declaring the action of the respondents in conducting written examination while appointing a dealer for Fair Price Shop in Kotari Village, Ichapuram Mandal, Srikakulam District, as arbitrary, illegal and unconstitutional and consequently to direct the respondents to conduct interview only as per rules, while setting aside the selection process taken on 07-11-2007 by respondent No.4, culminating in the selection of respondent No.5 as dealer of Fair Price Shop, Kotari Village with consequential effect of setting aside the proceedings Rc.No.1317/2007 A, dated 08-11-2007 by the 4th respondent and pass such other suitable orders.
(3.)Sri K.S.Murthy, learned counsel representing the writ petitioner had taken this court through the contents of the affidavit filed in support of the writ petition, the contents of the counter affidavits filed by respondents 4 and 5 as well and also had drawn the attention of this Court to the relevant portion of G.O.Ms.No.53, dated 06-10-2003 and would maintain that when the rules governing the field do not contemplate conducting written examination, the very selection process is vitiated, since it is not in controversy at all that written examination had been conducted and marks had also be taken into consideration in the selection process and hence, the impugned selection cannot be sustained and the same is liable to be quashed and if necessary the vacancy to be notified again.