Andhra Pradesh High Court - Amravati
Dr.Madam Jhansi Rani vs The State Of Andhra Pradesh on 22 November, 2022
IN THE NIGH COURT OF ANDHRA PRADESH AT AMARAVAT SPECIAL ORIGINAL JURI SOR TRON) TUESBAY, TRE UWE 3 Se0e SOND DAY OF NOVEMBER TWO WE AND PYEN TY TRAYO 'PRESENT: THE HONQURABLE SR] JUSTICE VE NK ATESWARLU NIMMAGADDA WRIT PETITION NO: SP FSS OF 202 Sehvean 4 a Ye Dr Madan Jhansi Ran, S¥o. Madar Dooter, Rég, 37/62. Moota Sa: S18504, y nae Reddy, aged about 29 years, Oce s, Nandyal, Kurnoal, Andhra Pradesh- Or. Katheramalia Sowmya, [vo. §- Rama Murthy, aged about 32 years, Gos Doctor r, Rio. HO No. 87-854-2, Sric raigar Gatany, ear Vaaya Durga Degree Colleges, BCamp, Surnool, Anciara Fradesh-S78gos, Dr, Neha aged shout 39 years. Occ Dee ctor, Rico. Pint noi', Lakshmi Gardens, Johar apuramn Road AC avi Kuro ol, Andhra Pradesh. S180 02 Or, Gantina Prasad, Glo. Rare OO, Jilela Akkirededypaile, Akkir 'ddypalie Kadepa, Andra Pradk dae gh- B16183, Ue. Akula Raiesh, S/o. Venkata Ramana, aged about 38 years, Occ Dontor, Rio. 3-14-98, Rail way OclonyicRalall Pets, Ralahmundry (Urban), East Godava ari Dist ot, Andhra Pradesh-Saa tk co P SEHONG ES Mrincinie Secretary, Deparinvent of The State of Andhra Pradesh, \ _ Secretarial, Velagaoud:, Amaravall, Health, Medical and Family Walt Andhra Pradash. 7 The Director of Medical Educ tov. General Hospital Campus, NTR Dist, Andhra Pradesh. 3 ee Juint Seoratary, Department of Hig! ner Education Ministry af Hurman if ouros Developrnent, Shastr Bhawan, New Delihi-? T0004. the 'De! nfal Counsel of India, Ren-Ry is Secretary, Anvan-E Gallo Marg, Kotla Read, Tarngle Lane, Oop Sun Sant Coll ege for Women, New Delhi 710008 se deg . Raspoandenis Betton urcier Aricie 226 of thesGanetituticn of india praying that in the Jumgtanices slated in the » affidavit Red therewith, the High Court may be pleased sue a Wirt Order or direction pa seclar ng ne actio jon of the action of Fy, ane in the nature of writ of Mandamus, respondent no.2, in issuing the notification 2022, notification tor the pasis of Senior Residants-2028, for th the | idenis in Anciva Pradesh Medical Education Seances, seiting any to thescandilaias who sfudied Past Graduation in Govyernviey | Medingt and Shantal Cok sof Ardara Pradesh discrimmating the Candidates who fave completed thetic. PostiGraduation from the Frivaie Dental Golleges as unfair, inal _ and vicis of the fundamental nghis quarentesd the petitioner under Aniicles 14, 18, 16. "AROS 4, and SMh}.4 of the Constitution of indi and Consequently ¢ ae the respondent te permit the petitioner to spply for the post of 'Senior Resident' on par "with hel Candidates studied Post Graduation in Gavermmiant acieges in the Notice é of Senior Residents-2029 co No. 1/2082, dated 13.11.2022, for the posts Fe rep WESeniaons. x * ue ee th oe & 5 Z oe 7 fee IA NO: 1 OF 2022 Petition under Section 151 CPC piaivitig "that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased be pleased to direct the respondent No. 2 to. permit the petitioners to apply for the post of 'Senior Resident' on par with the Candidates studied Post Graduation in Government colleges in the Notification: No: 4/2022, dated 13.11.2022, for the posts of Senior Residents-2022 considering the. -fepresentation of the petitioners, pending disposal of WP 37793 of 2022, on the Tike of the High Court. The petition coming on for hearing, "upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Jada Sravan Kumar, Advocate for the Petitioners and'of GP for Services-IV for the Respondent Nos.1 & 2 and Sri N. Harinath, Deputy Solicitor General for Respondent Nos.3 & 4, the Court made the following. _ ORDER:
foe "Heard learned counsel for the petitioners, learned Government Pleader for Services-!V and learned Deputy Solicitor General for respondent No.4.
2. Notification for the posts of 'Senior Residents bearing Notification No.1 of 2022 dated 13.11.2022 is under challenge in the present Writ Petition. This Notification is based on G.O.Rt. No. 852 Health Medical and Family Welfare (A1} Department, dated 10.11.2022. The petitioners are Post Graduates and they are aspirants for the post of Senior Resident. They are aggrieved by the terms of eligibility prescribed in this. Notification dated 13.11.2022. In Para No.1 of the said Notification, the Eligibility to Apply reads as under :
"Eligibility to apply: Oo
4. Candidates who studied Post graduation in Government Medical & Dental Colleges of Andhra Pradesh are only eligible to apply.
2. Local candidates are only eligible to apply."
3. The above Clause No.1, o according to the petitioners, is discriminatory, in as much as, it has "excluded all the doctors who have completed their Post Graduation in private colleges to that of Government Medical and Dental Colleges of Andhra Pradesh. In other words, except the candidates who have completed their Post Graduation in Government Medical and Dental Colleges of Andhra Pradesh, all other Post Graduates are excluded.
4, Learned Counsel for the petitioners submits that this Clause, on the face of it, is discriminatory in nature and it offends the spirit of Articles 14, 15 and 16 of the Constitution of India. |
5. Learned Government Pleader for the Services-IV, after having received the written instructions, submits that there is no discrimination in the said Glause, for the reason that the sandidates who are axchided from the purview of this Notification, has ample angortunity in the other Institutions. He has drawn the altention af this Courtin the Para Nos.9 & 16 of the written imatructions, which ara extracted hereunder:
"2. Past Graduates who have studied in private medical colleges or outside the sfafe medical collages can aa thar SR in their respective macdical calfeges ag every madigal (c offege} s atelf prowicte fa S& ship as per fre NAG Reguiations. :
1. AN the petitioners sivaied post-graduation in various specialities in private magical sallages. Al the medical colleges, as per NAIC nonss, shall provine SR ship in the respective speciaiiies, Accordingly, patiioners have ay apgorkunity for completion af SS ship in thelr pagspective medical cafieges where PG campfeted." .
§. Afler having cansidered the submissions of the learned Counsel, this Court desms it appropriate fo 'stay 4 ihe Notification Noo of 2022 dated VAL2022 unt further Orders. Notifie sation No.l of 2082 dated 13.14.2022 is Stayed unt further Orders. As the. Notification is stayed, this Court deems Rh appropriate to hear and dispose of this matter on expeditious basis.
¥. List the matter on OF 13.0092."
Sd K. SRINIVASA RAG ASSISTANT RE SQISTRAR TRUE COPY! SECTION OFFICER Pope Re For TS,
1. The Principle Secretary, Deparim aot Health, Madical and Farndy Welfare, State of Andhra Pradash, AR Ses reste ial, Ve Nagapudl Arnaravall, Andhra Pradesh, a
2. The erect! of Medical | Education, ols Savi. General Hospital Campus, NTR Dist, Andhra Pradesh. saya
3. The Joint Secretary, Departs of Higher Education Ministry of Numen Resource Reveloonent, Shast 8 awan, New Delhi 170007.
4, The Secretary, Dental | Counseratindia, Ahvan-6 Gai " Marg, Kotla Road, Te ample e Lane, Don Sundari { Cau lege for Women, Naw Oelthi, 710002. (7 te 4 by RPAD} & One CC to Sn. Jada Sravan Kumar, Advocate [OF UC) &. One CC to Sd N. Herinath, Denuty Solicitor General POPUC] Fy. Two OCs to GP for § sarvices-1V mourt of Andhra Pradesh. HOUT]
8. One spare copy. :
HION COURT NY DATED eid 2028 ORDER LIST THE MATTER ON OF.92.2028 WP.No od? fad of 2022 INTEREW DIRECTION