D. S. R. VARMA, J. ( 1 ) THIS writ petition is filed for declaring the action of the respondents in not appointing the petitioner to the post of warden Gr. II at Paderu of I. T. D. A. as unconstitutional and illegal and consequently for a direction to the respondents to appoint him to the said post forthwith as he is in the panel of selected candidates. ( 2 ) THE brief facts of the case are as follows: the post of Warden Gr. II had been notified by the Project Officer, Integrated tribal Development Agency Paderu, visakhapatnam in 1999 as part of Special drive to fill up S. C. and S. T. backlog vacancies. The Government in order to fill up the backlog vacancies reserved for S. C. and S. T. candidates, have issued a g. O. Ms. No. 238, General Administration (Services-A) Department, dated 26-05-1999. By virtue of the said G. O. , the Government have relaxed the written examinations and interviews (oral tests) for limited recruitment to be conducted by various recruiting agencies, exercising the powers conferred under Article 309 of the constitution of India. While so on 17-6-1999, the petitioner was asked to appear for the interview for the post of warden Gr. II with all the relevant certificates. The said interview was scheduled on 25-6-1999. Accordingly the petitioner has attended the interview. Pursuant to the said process of interviews, on 18-8-1999 a selection list was released. In the selection list the petitioner s name is shown at Sr. No. 3. But the individual who was at Sr. No. 2 in the said list and who was given appointment did not join the duty and thereby another instantaneous vacancy has arisen. Having come to know about the said vacancy, the petitioner had approached the authorities concerned to consider his case in the said vacancy, as he was next in the merit list. On his representation, the district Tribal Welfare Officer, Paderu has sought for a clarification from the commissioner of Tribal Welfare and also from the respondent No. 3, the government, as to whether the case of the petitioner can be considered for the vacancy, which had arisen due to nonjoining of the candidate at Sr. No. 2. Further there is no dispute that the candidate at sr. No. 2. Further there is no dispute that the candidate at sr. No. 2 belongs to S. C. community and the petitioner also belongs to the same community and he is next in the merit list. The petitioner also made a representation to the respondent No. 1 on 5-5-2000 stating all the facts. Now the grievance of the petitioner is, till to-day his representations were not considered and no appointment was given to him and as such he has filed the present writ petition. ( 3 ) A counter-affidavit is filed by the respondent No. 1 denying all the allegations and sought for the dismissal of the writ petition. ( 4 ) THE relevant portion of the said G. O. is extracted hereunder for ready reference: ad Hoc Rule:"notwithstanding anything contained in the Andhra Pradesh State and subordinate Service Rules, 1996 and special Rules or Ad hoc Rules and any other rules governing the method of recruitment procedure adopted by various recruiting agencies for various categories of post by direct recruitment, the method of selection by written examination and interview (oral tests) for appointment by direct recruitment for filling up of backlog vacancies of Scheduled Castes and scheduled Tribes in all categories of posts, be relaxed as a one time measure and that the selection for such limited recruitment of Scheduled castes and Scheduled Tribes to be filled by 30th June, 1999 shall be made on the basis of marks obtained in the qualifying academic examinations by waiving written examinations and interviews (oral tests) as a one time measure to fill up the backlog vacancies before the said date. " ( 5 ) A reading of the above extracted G. O. discloses that Government have relaxed the conditions of written examinations and interviews for filling up the S. C. and S. T. backlog vacancies, as a one time measure. For the said selection, the only criteria prescribed was the marks obtained in the qualifying academic examinations. ( 6 ) THE learned Government Pleader submitted that the Government have issued g. O. Ms. No. 544 G. A. (Ser. A) Department dated 4-12-1998 and by virtue of the said g. O. the Government have issued orders for discontinuance of the operation of the waiting list and according to the said orders, the fall out vacancies, if any, due to relinquishment and non-joining etc. No. 544 G. A. (Ser. A) Department dated 4-12-1998 and by virtue of the said g. O. the Government have issued orders for discontinuance of the operation of the waiting list and according to the said orders, the fall out vacancies, if any, due to relinquishment and non-joining etc. ; of selected candidates shall have to be renotified to the next recruitment and thus the petitioner s case was not considered. He further submitted that by virtue of the g. O. Ms. No. 544, even though the candidate at Sr. No. 2 did not join, the petitioner would not automatically accrue any right of appointment in the said vacancy. This submission of the learned Government pleader cannot be accepted for the reason that as per the G. O. Ms. No. 238, dated 26-5-1999 the process of selection for filling up the backlog vacancies of S. C. and S. T. was taken up by the Government as a one time measure and the necessity of issuing the said G. O. is quite discemable. From the said G. O. Ms. No. 238, it is further clear that the procedure of selection through written test and interviews has been done away with and for that reason, all the candidates were called for the interview without subjecting them to any test, the only criteria being, marks obtained in the qualifying examinations. ( 7 ) THEREFORE, in such circumstances the question that arises for consideration is whether the G. O. Ms. No. 544 can be made applicable to the special recruitment for filling up the backlog vacancies of S. C. and s. T. and in view of other relaxations as a one time measure. ( 8 ) G. O. MS. NO. 544 dated 4-12-1998 is anterior to G. O. Ms. No. 238, which is dated 26-5-1999. The Government by virtue of the later G. O. had relaxed some conditions for filling up the backlog vacancies of S. C. and s. T. as a one time measure. No doubt g. O. Ms. No. 544 has prescribed certain procedure with regard to operation of waiting list. But as can be seen from this g. O. , the procedure prescribed is with regard to general recruitment, whereas the government have issued the later g. O. Ms. No. 238 relaxing certain conditions as a one time measure. Therefore, the procedure contemplated under G. O. Ms. No. 544 has prescribed certain procedure with regard to operation of waiting list. But as can be seen from this g. O. , the procedure prescribed is with regard to general recruitment, whereas the government have issued the later g. O. Ms. No. 238 relaxing certain conditions as a one time measure. Therefore, the procedure contemplated under G. O. Ms. No. 544 cannot be understood to be still in force even after issuing the subsequent g. O. Ms. No. 238. At the cost of repetition it is necessary to mention that the earlier g. O. Ms. No. 544 is with regard to general recruitment and whereas the later g. O. Ms. No. 238 is with regard to filling up of backlog vacancies as a "one time measure". In my view if the argument of the learned Government Pleader is accepted, it amounts to narrow interpretation of G. O. Ms. No. 238 and defeating the very object of the G. O. ( 9 ) THEREFORE for the above reasons, I am of the view that if the candidate at Sr. No. 2 in the selection list issued on 18-8-1999, did not join duty, it is incumbent upon the respondents to allot the said post to the next meritorious candidate in the selection list, without referring to the procedure prescribed under G. O. Ms. No. 544, inasmuch as the Government have brought out the later G. O. Ms. No. 238 as a beneficial measure in order to fill up the backlog vacancies of S. C. and S. T. candidates, as a one time measure. Further in such a case for the purpose of filling up of any vacancy that arises owing to non-joining of a selected candidate, the respondents cannot be permitted to revert back to procedure contemplated under G. O. Ms. No. 544. The expression one time measure in g. O. Ms. No. 238 is so emphatic and makes the intention of the 3rd respondent that all the backlog vacancies that were available as on the date of selection shall be filled at once and in the same process. Perceptibly the purpose of the G. O. is not to create another backlog vacancy. The expression one time measure in g. O. Ms. No. 238 is so emphatic and makes the intention of the 3rd respondent that all the backlog vacancies that were available as on the date of selection shall be filled at once and in the same process. Perceptibly the purpose of the G. O. is not to create another backlog vacancy. ( 10 ) FOR the above reasons I direct to the respondents to consider the case of the petitioner for appointment to the post of warden Grade II at Paderu of I. T. D. A. , provided he is the next meritorious candidate in the selection list issued on 18-8-1999. ( 11 ) WITH the above direction the writ petition is allowed. No costs.