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[Cites 4, Cited by 0]

Andhra Pradesh High Court - Amravati

Shaik Baji Sharief, vs The State Of Andhra Pradesh, on 5 December, 2024

APHC010330952024
                     IN THE HIGH COURT OF ANDHRA               [3331]
                                 PRADESH
                              AT AMARAVATI
                       (Special Original Jurisdiction)

                   THURSDAY ,THE FIFTH DAY OF DECEMBER
                     TWO THOUSAND AND TWENTY FOUR

                                  PRESENT

          THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

                        WRIT PETITION NO: 17138/2024

Between:

   1. SHAIK BAJI SHARIEF,, S/O.SHAIK SAIDULU, AGED 29 YEARS, OCC
      UNEMPLOYEE,        R/O.D.NO.29-247,   CHINNAGANUGAPALEM,
      ADDANKI PRAKASAM DISTRICT -523201, HALL TICKET NO
      17200617, (BC-B)

   2. SK GOHARJAN,, D/O SHAIK JALABDEEN AGED 30 YEARS, OCC
      UNEMPLOYEE, R/O.302, 3RD FLOOR, MEGHANA RESIDENCY,
      NEAR BANK OF BARODA, OLD INDIAN GAS ROAD, GUDIVADA-
      521307 HALL TICKET 17200126 (BC-E)

   3. MANIPURI BRUNDA MADHURI,, D/O SANYASI RAO, AGED 28
      YEARS, OCC UNEMPLOYEE,          R/O.1-41A, MAIN ROAD,
      GURAMMAVALASA VILLAGE, NENTADA MANDALAM, JAKKUVA,
      VIZIANAGARAM-535581 HALL TICKET 17100271 (BC-D)

                                                         ...PETITIONER(S)

                                    AND

   1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
      SECRETARY,     HEALTH, MEDICAL AND FAMILY WELFARE
      (HMANDFM)    DEPARTMENT,     SECRETARIAT BUILDINGS,
      VELAGAPUDI, AMARAVATHI.

   2. THE COMMISSIONER, DEPT.OF AYUSH, 22-19, JASTHI TOWERS,
      4TH FLOOR, SAIPURAM COLONY, GOLLAPUDI, VIJAYAWADA
      521225
    3. ANDHRA PRADESH PUBLIC SERVICE COMMISSION, REP. BY THE
      SECRETARY, RANDB BUILDING, M.G.ROAD, VIJAYAWADA.

                                                          ...RESPONDENT(S):

      Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased topleased to issue a Writ, Order or Direction, more particularly one in
the nature of Writ of Mandamus, to declare the action of the 3rd Respondent
in preparing and publishing wrong final Key pertaining to Question No.146 in
Paper-1 and Question.No.20, 117, 133 and 143 in Paper-ll in the Medical
Officer (Homoeopathy) written examination for the Notification No. 17/2022
dated.26.09.2022 conducted on 02.04.2023, despite objections were raised
as illegal, arbitrary, unconstitutional and violation of Art.14, Art.16 of
Constitution of India and violation of Hon'ble Supreme Court Judgement
Hon'ble Supreme Court in Kanpur University v. Samir Gupta,(AIR 1983 SC
1230). consequently direct the respondents to Revise the Final Key published
on 04.07.2024 pertaining to Question No. 146 in Paper-1 and
Question.No.20, 117, 133 and 143 in Paper-II in the Medical Qfficer
(Homoeopathy) written examination for the Notification No. 17/2022
dated.26.09.2022 and accordingly publish fresh Results setting aside the
earlier Results Dated.04.07.2024 and pass

IA NO: 1 OF 2024

      Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased
pleased to stay all further process pertaining to the direct recruitment of
Medical Officer            (Homoeopathy) vide Notification No. 17/2022
dated.26.09.2022 pending disposal of the writ petition and pass

IA NO: 2 OF 2024

      Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased
pleased to constitute an independent expert committee to consider the
petitioners contentions along with others for Question No. 146 in Paper-I and
Question.No.20, 117, 133 and 143 in Paper-II in the Medical Officer
(Homoeopathy) written examination for the Notification No. 17/2022
dated.26.09.2022 stay all further process pertaining to the direct recruitment
of Medical Officer (Homoeopathy) vide Notification                 No. 17/2022
dated.26.09.2022 pending disposal of the writ petition and pass
 Counsel for the Petitioner(S):

   1. THANDAVA YOGESH

Counsel for the Respondent(S):

   1. GP FOR SERVICES IV

   2. V.VENKATA NAGA RAJU (SC FOR APPSC)

The Court made the following:


                                    :: ORDER :

:

In pursuance of the Court slip dated 04.12.2024, learned counsel for the petitioner seeks permission to withdraw the present writ petition.
Permission is accorded.
Accordingly, this Writ Petition is dismissed as withdrawn. No order as to costs.
Miscellaneous petitions, if any pending, in this case, shall stand closed.
___________________________ JUSTICE SUBBA REDDY SATTI Date: 05.12.2024 ANS 64 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17138/2024 Date: 05.12.2024 ANS