Andhra Pradesh High Court - Amravati
Madithati Pallavi, vs The State Of Andhra Pradesh on 28 October, 2022
THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
W.P. No.15530 of 2020
ORDER:
The present Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:
".....to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.2 in refusing to award Weightage marks for the contract service put in by the petitioner in Rajiv Gandhi Institute of Medical Sciences, Srikakulam, Srikakulam District as provided under Clause 12(1) (iii) of the Notification issued by it and selecting the respondent No.3 for the post of the Assistant Professor of Biochemistry to work in Government Medical Colleges under the Directorate of Medical Education in Andhra Pradesh as arbitrary, illegal, colorable exercise of power and contrary to the notification issued by it and the well established legal principles, apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19 & 21 of the Constitution of India and consequently direct the respondent No.2 to issue an order of appointment appointing the petitioner as the Assistant Professor of Biochemistry to work in the Government Medical Colleges under Director of Medical Education, Andhra Pradesh by awarding Weightage marks for the Contract Service put in by the petitioner in RIMS, Srikakulam, Srikakulam District and pass such other order or orders.....
2. Heard both sides.
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3. Not awarding weightage marks for the contract services put in by the petitioner in Rajiv Gandhi Institute of Medical Sciences, Srikakulam, Srikakulam District for the post of Assistant Professor (Bio Chemistry) is the pivotal contention of the Writ Petitioner.
4. The Petitioner would submit that she has completed her post graduation in Medical Biochemistry in the year 2007 and Doctor of Philosophy (Ph.D) in the year, 2018 from Sri Venkateswara Institute of Medical Sciences, Tirupati. After completion of the post graduation in Medical Bio Chemistry she joined as Tutor on contract basis in Rajivgandhi Institute of Medical Sciences (hereinafter referred to as "RIMS"), Srikakulam, on 25.08.2008 and worked till 12.06.2010. Thereafter, the petitioner worked as Tutor in Chennai Medical College for the years 2010 - 2012 and thereafter she joined as Ph.D. Scholar in Sri Venkateswara Medical Sciences in the year 2012 and completed the same in the year 2018. While so, the respondent no.2 issued notification on 16.06.2020 inviting applications from the eligible candidates for direct recruitment of Assistant Professors-2020 and Lateral Entry. The petitioner herein have responded and have applied for the post of Assistant Professor (Biochemistry) in pursuance of the 3 notification through online in the specialization mentioned therein to work in Government Medical Colleges under the Directorate of Medical Education, Andhra Pradesh.
5. The Petitioner would submit that she was awarded 56.13 marks for her educational qualification in the provisional merit list published on 06.08.2020 and denied to award the weightage marks for the contract services rendered, in the final merit list.
6. Aggrieved by the same, the present writ petition came to be filed. This Court while ordering notice before admission has passed an interim direction to keep one post vacant and reserve of the Assistant Professor (Bio-Chemistry) and such post shall not be filled up until further orders.
7. The case of the petitioner is that she should have received the weightage marks as per the notification for direct recruitment of Assistant Professor-2020, but the services in RIMS was not properly considered.
8. As per the notification for direct recruitment of Assistant Professor-2020 and Lateral Entry for the post of Assistant Professor for Bio Chemistry, one shall possess M.D. (Biochemistry)/MBBS with M.Sc. (Med. Biochemistry)/ M.Sc.(Med. Biochemistry) with Ph.D. (Med. Biochemistry) / M.Sc.(Med. Biochemistry) with D.Sc. (Med. Biochemistry). 4
9. As per the notification, the selection process shall be governed by G.O.Ms.No.154, HM & FW (A2) Department, dated 04.05.2002, letter dated 24.08.2010 of the Registrar, Dr. N.T.R. University of Health Sciences, Vijayawada and other Government Orders, is as follows:
1. Weightage total marks are 100.
i. 75 Marks obtained in qualifying PG Degree/ Super Specialty Examination.
ii. Those who are not having PG marks Memo, percentage of marks to be taken as 50% (50% x 75 = 37.50) iii. Weightage for No. of years since passing qualifying examination is up to 10 marks @ 1 mark per PG/Super-specialty completed year. iv. Weightage for Contract service in Govt.
Institutions upto 15 marks.
a) 2.5 marks per six months in Tribal Area,
b) 2 marks per six months in Rural Area.
c) 1 mark per six months in Urban Area.
d) 5 marks weightage to the candidates in the recruitment of Assistant Professors who have completed PG/Super Specialty from Central Institutions.
v. There will be no interview marks.
Other conditions are not extracted as they are not relevant to the present dispute of the case.5
10. As per the notification weightage marks for the contract services in Government Institutions up to 15 marks were allotted. Incumbent who works in urban area will get 1 mark for six months. The contention of the petitioner is that the petitioner herein has worked as Tutor in RIMS, Srikakulam from 25.08.2008 to 12.06.2010 i.e. 1 year 9 months and 18 days. She contend that she is entitled 3 marks as weightage as per the notification. The same was not considered and the unofficial respondent has been selected as Assistant Professor in Biochemistry.
11. Learned counsel for the petitioner would submit that weightage marks for the contract service is awarded and added for total marks, then the petitioner would get 61.13 marks and she would stand at Sl.3. In view of non awarding of service put in by the petitioner as Tutor in RIMS, Srikakulam, the petitioner was placed at Sl.No.12 and the respondent no.3 who is less meritorious than the petitioner placed at Sl.No.3 and selected to the post of Assistant Professor of Biochemistry. As per the provisional selected list uploaded in the website on 30.08.2020 that the petitioner was awarded weightage marks of 3 and later came to the final list in order to accommodate the 3rd 6 respondent for the reasons best known to the respondents, they have not allotted weightage marks to the petitioner.
12. The official respondents have filed their counter and would contend and relied on the Memo No.5549/A1/2015, dated 25.05.2015 issued by the Special Chief Secretary to Government, Health, Medical and Family Welfare (A1) Department. The relevant Clause 2 of the Memo is hereby extracted:
The Director of Medical Education, Andhra Pradesh Hyderabad, in his letter 3rd has requested the Government to adopt the certain clarification issued by the Government vide Government Memo 1st cited for ongoing recruitment of Assistant Professors for Post P.G. the Services rendered in State Government Institutions.
Sub Clause 6 of Clause 3 of the said Memo would says that the contract services rendered in RIMS, Srikakulam, NIMS, SVIMS will be counted for the weightage of marks.
13. Official respondents have filed counter and asserted that the applicants are hereby informed that one must have M.Sc., Ph.D Degree for allotting weightage marks @ 1 mark per half year after completion of Ph.D. As per the Memo dated 25.05.2015 the "Services" rendered for the post PG will only be taken into account while awarding weightage marks. The weightage marks were not awarded on the ground that the 7 petitioner has not rendered services as Tutor in RIMS, after obtaining PG & Ph.D Certificates which is essential condition as per the Memo dated 25.05.2015.
14. It was asserted in para No.14 of the counter affidavit, which is extracted:
"It is respectfully submitted that regarding contract service weightage are noted below:
(a) The applicant has worked as Tutor for the period from 25.08.2008 to 12.06.2010 at Rajiv Gandhi Institute of Medical College, Srikakulam, prior to the qualifying examination (passed i.e. M.Sc with Ph.D). During the above period she was having only M.Sc. Degree.
(b) As the qualifying exam of Ph.D. acquired by the petitioner is in the year 2018, no weightage marks for the contract services rendered by the petitioner i.e. prior to acquiring the requisite qualifying degree (Ph.D) shall be granted. In the Government Memo No.5549/A1/2015 HM&FW dated 25.05.2015, "at para no.3 it was stated that 'the candidates who have rendered contract service after ppost PG only are eligible for the post of Assistant Professor."
15. As per the Memo dated 20.05.2015 the services rendered for the post PG will only be taken into account while awarding weightage marks. As per the said condition one shall work as Tutor only after obtaining M.Sc. Degree, not Ph.D. Degree. This clause has been wrongly interpreted by the respondents. The 8 above condition is only stipulates that one should join as Tutor only by obtaining PG Degree not Ph.D Degree.
16. Elsewhere in the Memo dated 25.05.2015, it was asserted that to award weightage marks that the incumbent shall render service as tutor after obtaining PG as well as Ph.D. It was stated in the Memo that the weightage marks will be awarded only serving as tutor after obtaining PG Degree.
17. In the present case, the petitioner has completed her Post Graduation i.e. M.Sc. (Medical) Biochemistry in the year 2007 as stipulated in the Memo dated 25.05.2015. The present writ petitioner was served as Tutor from 25.08.2008 to 12.06.2010 after obtaining the post graduation in M.Sc. (Medical) Bio- Chemistry.
18. Admittedly, the Writ Petitioner possessed Ph.D which is a requisite qualification for appointment. The counter silent regarding awarding marks in the provisional select list.
19. Sri O. Manohar Reddy, Learned Senor Counsel for the unofficial-3rd respondent would submit that he relied on the State (Gazetted) and Subordinate (Non-Gazetted) Service Rules known as the Andhra Pradesh Medical Education Service Rules. As per Sub Clause 3 of Clause 9 one must possess M.D. (Biochemistry)/MBBS with M.Sc. (Med. Biochemistry)/ 9 M.Sc.(Med. Biochemistry) with Ph.D. (Med. Biochemistry) / M.Sc.(Med. Biochemistry) with D.Sc. (Med. Biochemistry). It was the contention of the learned counsel for the 3rd respondent that as per the above said rules, the petitioner has no prescribed qualification i.e. Ph.D while discharging the duties as tutor in the RIMS. As such she was not awarded weightage marks and prayed to dismiss the writ petition.
20. The clause and memo dated 25.05.2015 relied by the petitioner, which stipulates that one shall render services for the post P.G. which mean on obtaining post graduation certificate shall render services as Tutor in any Government institutions like RIMS, NIMS and SVIMS. The clause does not stipulate that on obtaining Ph.D only one has to render service as Tutor. Hence, non selection of the petitioner is contrary to the notification and the stipulation in Memo No.5549/A12015 HM&FW (A1) Department, dated 25.05.2015.
21. In view of the same the writ petition is allowed and the respondents are hereby directed to award 3 marks weightage for services rendered as Tutor in RIMS, Srikakulam, for the period from 25.08.2008 to 12.06.2010 and consequently, it is directed to the respondents to upload the final selection list on adding 3 marks to the petitioner for the post of Assistant Professor (Bio- 10 Chemistry) and the said process shall be completed within a period of two weeks from the date of receipt of copy of the order. Accordingly, the Writ petition is allowed. However, no costs.
Miscellaneous Petitions pending, if any, shall stand closed.
_______________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 28-10-2022 Harin 11 THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO 169 W.P.No.15530 OF 2020 Date: 28-10-2022 Harin