Andhra Pradesh High Court - Amravati
B Parameswar vs The State Of Ap on 28 March, 2025
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APHC010272652021
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3310]
(Special Original Jurisdiction)
FRIDAY ,THE TWENTY EIGHTH DAY OF MARCH
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 15852/2021
Between:
B Parameswar ...PETITIONER
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. V RAJA MANOHAR
Counsel for the Respondent(S):
1. GP FOR SERVICES IV
2. .
The Court made the following:
ORDER:
This writ petition is filed under Article 226 of the Constitution of India for the following relief:
".....to issue appropriate Writ Order or direction more particularly WRIT OF MANDAMUS declaring that the speaking order of the 3rd Respondent dt 31.03.2021 31 2021 is illegal unethical irregular unconstitutional against principles of natural justice fundamental rights guaranteed to the tribals under the Constitution of India and consequently direct the Respondents 2 to 5 to consider the Petitioners candidature q qualifications ualifications including the special reservation for the chechus for the post ofITDA Programme Officer and appoint the Petitioner for ITDA Programme Officer post and pas...."2
2. Brief facts of the case are that the petitioner hailed from ST (Chenchu), which is a tribal group. Since long time, the post of "ITDA, Programme Officer", ITDA has been kept vacant, and that the Petitioner is eligible for the said post, he made a representation to the 1 st respondent requesting t fill the said post. In turn, the 1st respondent has sent the same to the 2nd respondent vide its Memo No.1220676/E.2/2018-1, dated 16.4.2018. Later, several representations were also made to the respondents by the petitioner. But in vain. Finally, the respondents No.2 and 3 have issued a notification No.1/NHM/2020, dated 1.10.2020 for filling up of several posts. Out of which, ITDA, Programme Officer" is also one, list in Sl.No.27 of the said notification. The respondents No.2 and 3 without considering the qualifications of the petitioner and the representations, kept the said post vacant. As the respondents have not considered the recommendations of the several authorities to fill up the vacancy with local tribal candidate, the petitioner earlier filed WP No.5028/2021before this Court and the same was disposed of. In pursuance of the same, the 3rd respondent has passed speaking order dated 31.3.2021 refusing the request of the petitioner. As the Respondents failed to implement the rule of law, rule of resolution, welfare schemes for the Chenchus, the Petitioner filed the present petition.
3. This Court, vide order dated 08.09.2021, has granted interim direction as under:
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".....hence, there shall be interim direction as prayed for in the I.A No.1 of 2021 directing the respondents not to fill up the post of ITDA Programme Officer with non-tribal, non-local candidate till 29.09.2021."
4. The counter affidavit has been filed by the respondents. While denying all the allegations made in the petition, inter alia, stated that, the speaking orders issued to the petitioner vide this Office Rc.No.W.P.No.5028/2021 Dated 31.03.2021, is holds good i.e. informing to the petitioner that Programme Officer ITDA, Srisailam under NHM Scheme with the Local Chenchu Candidates only / alone is not Correct. It is stated that, as per the Notification, selection will be as per the Merit and Rule of reservation as per the Andhra Pradesh State & Subordinate Service Rules 1996. As per the Rule 22 (Special Representation (Reservation) (1) (1) where there is only a single solitary post borne on the class or category of a service, the rule of special representation shall not apply for appointment to such post, notwithstanding anything contained in the foregoing sub-rules: Provided that the rule of special representation shall be applicable for appointment if the number of posts borne on the cadre, category or grade is more than one, even though selection is to be made against only one vacancy at any recruitment order than limited recruitment.It is further stated in the counter affidavit that, there is no Provision in the special rules / Adhoc Rules to provide reservation to Primitive Tribal Group (PTG) of Local Candidates of ITDA Srisailam because neither the ITDA Srisailam nor any part of Kurnool District is Notified Scheduled Area as per the Article 342 of the Constitution of India. It is further 4 stated that, the Notified Districts in Andhra Pradesh State are only Vishakhapatnam, East Godavari, West Godavari, Srikakulam, Vizianagaram, Prakasham (only some mandals) but not includes Kurnool District as per 5th Schedule. In view of the above, this Hon'ble Court may be pleased to dismiss the writ Petition.
5. Rejoinder has been filed by the petitioner to the counter affidavit filed by the respondents. It is stated that Srisailam ITDA(PTG) is a part of tribal sub plan for the implementation of all welfare schemes, National Health Mission programme, as per G.O.Ms.No.287, dated 19.10.2010. Wherein it is mentioned any vacancy shall be filled up by a candidate, who hailed from the area of Tribal Sub Plan. Likewise, as per GO RT No.400, dated 23.03.2010 also gives the same impact. Apart from the same, the Commissioner of Rural Development, Government of Andhra Pradesh, Saifabad, Hyderabad issued proceedings vide proceedings No.015/SRDS/SPM-HR/2013, dated 14.03.2013 wherein orders were passed basing upon the circular orders dated 11.03.2012 of Director Rural Development in respect of Recruiting the Local Tribal Youth for the posts of senior mates, technical assistances, computer operators, engineering consultants, additional programme officer by specifying the required qualifications. In the said proceedings, the Government of Andhra Pradesh also gave certain guide lines in respect of appointment of programme officers educational qualification or also mentioned as shown below:
1.M.A.(RD),
2.MSW, 5
3.MA(SW) It is further stated that, the 3rd Respondent in this petition while filing the counter, failed to consider the recommendations made by the Director of Tribal Welfare, Vijayawada, dated 18.01.2021 and also failed to discuss the proceedings of the Commissioner of Rural Development, dated 14.03.2013 and erroneously commented that filling the post of Programme Officer ITDA Srisailam under NH M Scheme with the local Chenchu Candidates only/alone is not correct, is improbable much more so, the 3rd Respondent in this petition intentionally failed to touch the proceedings of the Commissioner of Rural Development, Hyderabad dated 14.03.2013 and praying the Hon'ble Court to dismiss the petition is unfortunate.
6. Heard Sri V. Raja Manohar, learned counsel appearing for the petitioner and learned Government Pleader for Services-IV appearing for the respondents.
7. On hearing, learned counsel for the petitioner while reiterating the contents made in the petition, requests this Court to pass appropriate orders by setting aside the impugned order.
8. Whereas, learned Government Pleader appearing for the respondents while reiterating the contents made in the counter affidavit, submits that the petitioner challenged the speaking orders issued by the 3rd respondent. He submits that, whatever the instructions in Proc.Rc.No.015/ SRDS/SPM-HR/2003 of Commissioner of Rural Development, Andhra 6 Pradesh, not applies for the post of Programme Officer ITDA, Srisailam under NΗΜ. Further, the petitioner has not produced any written instructions to fill up post with local ST candidates only, hence not considered. He further submits that there is no provision to fill up with local Tribes candidates. It has to be filled as per merit only and also because the post is single post there is no reservation and therefore, it is open as per merit. He further submits that whatever the instructions in G.O.Ms.287 HM&FW(j2) Dept. Dt 19.10.2010, not applies for the post of Programme Officer ITDA, Srisailam under NHM. He further submits that as per GO.Rt.No.400 HM&FW(J2) Dept. Dt.23.03.2020, the subject is about filling up 276 backlog vacant post of Staff Nurses reserved for ST candidates. Hence the post of Project Officer, ITDA Srisailam is no relation with the said GO. But Rule of reservation has to be followed when to be filled posts are more than one post. As per the Rule 22 (Special Representation (Reservation) (1) (j) where there is only a single solitary post borne on the class or category of a service, the rule of special representation shall not apply for appointment to such post.Therefore there is no illegality in the order passed by the 3rd respondent and hence prayed to dismiss the same.
9. Perused the material on record.
10. It is contention of the petitioner counsel that the post of ITDA, Programme Officer erstwhile known as "Project Manager". Previously in the composite State of Andhra Pradesh and separated State of Andhra Pradesh, all ITDAs fill up the post o "Project Manager" with local, eligible, Scheduled 7 Tribes candidates only. But the respondents No3 to 5 herein colluded with non-triblas filled up the post of "ITDA Programme Officer" Srisailam,with Non-
tribal candidate by name M.SrinivasaRao. And alter it was withdrawn by the 3rdrespondent vide order dated 18.3.2019.
11. As seen from the Circular of the Commissioner of Rural Development, State of Andhra Pradesh dated 14.3.2013 in Prog.No.015/SRDS/SPM-HR/2003, reads as follows:
GOVERNMENT OF ANDHRA PRADESH OFFICE OF THE COMMISSIONER OF RURAL DEVELOPMENT H.No. 5-10-192, 2 & 5W HIDA HERMITAGE OFFICE COMPLEX, HILLFORT ROAD, SAIRABAD, HYDERABAD-500 004 Proceedings of Chief Executive Officer, SRDS Sri Shashi Bhushan Kumar, LA S., Prog. No.015/SRDS/SPM-HR/2013 Dt. 14.03.2013 Sub : SRDS-HR - implementation of MGNREGS in Tribal Areas Appointment of F'TEs with local ST candidates by Project Officers ITDAS-Orders - Issued.
Re1. GO.MS.No.1, PR&RD (RD-11) Department, dt:02.01.2013
2. Letter No 15/SRDS/SPM(HR)/2013, Dt 17:01.2013 from CEO, SRDS. 3. Circular No14319/CRD/960/SPM(DM)/2012, Dt.11.03.2012 of Director, Rural Development.
ORDER Orders have been issued in G.O 1 read above for improving effectiveness of implementation of MGNREGS in Tribal Areas under single line administration. In the Circular 3rd read above the Project Officers, ITDA are delegated with the powers of appointing authority for recruiting the local tribal youth for the post of Senior mates, Technical Assistants, Computer Operators, Engineering Consultants, Additional programme Officer etc. In Accordance with the orders issued in the Circular 3rd read above the following guidelines on recruitment policy of FTEs of different categories are issued for observance by the Project Officers, ITDA for making recruitments to the existing vacancies in future.
The posts of Technical Assistants, Computer Operator's cum Accounts Assistants, Engineering Consultants, Additional Program Officers etc shall be filled by calling online applications by issuing notification to be published in local Telugu news papers.
1. Requisite educational qualifications for each category for FTE are as given below:
i) Educational Qualifications Technical Assistants in Tribal Areas:
1. Diploma in Civil Engineering
2. Diploma in Agriculture 8
3. Diploma in Hortföulture
4. B.Sc(Matho, Physics, Chemistry)
5. B.Sc(Sericulture)
ii) Educational Qualification of Computer Operator cum Accounts Assistants
1. B.Com (Computers)
2. B.Sc(Computers)
3. B.Com with PGDCA
4. B.Com with DCA
iii) Educational Qualification of Engineering Consultants.
1. BE (Civil)/B.Tech (Civil)
2. B.Tech (Agriculture Engineering
3. B.Sc(Agriculture)/B.Sc(Horticulture)
iv) Educational Qualification of Additional Program Offica
1. MA(RD)
2. MSW
3. MA(SW) The candidates should have passed the above qualification by studying regular course in recognised institutions / colleges under recognized universities in Andhra Pradesh. The candidates possessing above qualification through distance mode are not eligible.
The maximum age limit of local ST candidates should be 40 years. All the above posts of FTEs in Tribal areas should be filled up local ST candidates only. Selection to the categories of each FTE shall be made as per merit i.e., percentage of marks obtained in the educational qualifications prescribed for the category of FIE. A skill test may be conducted to CO cum AA Applicants to assess their proficiency in Computer Applications.
Recruitment to the above category of FTEs should be limited to the total sanctioned strength for each category of FTE, Excess candidates beyond sanctioned strength of each category of FTE should be recruited at any point of time.
The FTEs may be appointment initially as Trainee TA/ Trainee CO cum AA/ Trainee APO/ Trainee EC for period of 2 years as per the contract.
On the appointment of FTE a contract for a period of 1 year should be generated and entered into with the FTE. The contract is renewable from year to year as per the guidelines thereon.
Project Officers, MDA, Seethampsta/ Parvathipuram/ Paderu/R.C.Varam/ K.R.Puram/ Srisailam/ Utnoor/ Eturnagaram/Bhadrachalam are reqüested to following the above guidelines while making appointments for the post of FTEs under their control in Tribal Areas."
12. As seen from the Notification No.01/NHM/2020, dated 01.10.2020 issued by the District Medical and Health Officer, Kurnool, wherein it is 9 observed that, as stated by the learned counsel for the petitioner that the post of ITDA Programme Officer was mentioned at Sl.No.27. But without considering the qualifications and representations, the 3rd respondent passed the impugned speaking order refusing the request of the petitioner, which is highly illegal and arbitrary.
13. On perusing the Circular, dated 14.3.2013, this Court is of the view that, the post of Senior-mates, Technical Assistants, Computer Operators, Engineering Consultants, Programme Officers, Additional Programmed Officers shall be filled up with local tribal youth. So, in view of the same, though the petitioner is having sufficient requisite qualifications and as he is entitled for the said post, the respondents have not considered his candidature, which is illegal.
14. In view of the facts and circumstances, this Court deems fit to dispose of the writ petition while declaring the impugned order of the 3rdrespondent as illegal and arbitrary.
15. Accordingly, the impugned order of the 3rdrespondent dated 31.3.2021 is hereby set aside. The respondents No.2 to 5 are directed to consider the candidature of the petitioner, qualifications including the special reservation for Chenchu for the post of IDA Programme officer, in pursuant to the notification No 1/NHM.2020, dated 01.10.2020 and pass appropriate orders in accordance with the Rules, within a period of three (03) months from the date of receipt of a copy of this order. It is made clear that the petitioner is 10 not entitled to claim monetary benefit as he was not appointed to the post on the principle of "NO WORK-NO PAY". There shall be no order as to costs.
16. As a sequel, interlocutory applications, if any pending, shall stand closed.
______________________________ DR. K. MANMADHA RAO, J.
Date : 28 -03-2025
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HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.15852 of 2021
Date : 28.03.2025
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