Andhra Pradesh High Court - Amravati
N Sunil Kumar Reddy vs Appsc on 28 December, 2020
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.22937 OF 2020
ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
"to issue a writ, order or direction particularly one in the nature of Writ of Mandamus declaring the action of the 1st Respondent as arbitrary, illegal violation of Articles 14, 16 and 21 of the Constitution of India, and consequently direct the Respondents to consider appointing as Prohibition and Excise Sub Inspector in preference to persons who have secured less marks than the petitioner i.e. 285.52 marks and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."
The main grievance of the petitioner is that the rejection of appointment to the petitioner as Prohibition and Excise Sub Inspector is illegal, as the persons, who have secured less marks than the petitioner i.e. 285.52 marks were selected to the said post.
Sri C.Srinivasa Baba, learned counsel for the petitioner, without touching the merits of the case, drawn the attention of this Court to G.O.Ms.No.147, Finance (HR.1.Plg.Policy) Department dated 06.08.2016., which provides an appeal against the decision of the Medical Board, and the petitioner intended to prefer an appeal on payment of necessary fee, requested to issue a direction to respondent No.1 to furnish copies of reports of medical board so as to enable him the petitioner to prefer an appeal as per G.O.Ms.No.147, Finance (HR.1.Plg.Policy) Department dated 06.08.2016.
In view of the limited request made by the learned counsel for the petitioner, without touching the merits of the case, respondent No.1 is directed to issue copies of reports of medical examination of petitioner, on payment of requisite fee, for selection as Prohibition and Excise Sub-Inspector in pursuance of the notification dated MSM,J WP_22937_2020 31.12.2018, and the petitioner is at liberty to prefer an appeal to refer him for medical examination to the appellate medical board, as expeditiously as possible, preferably within a period of two (2) months from today.
With the above direction, the writ petition is disposed of. No costs.
The miscellaneous petitions pending, if any, shall also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 28.12.2020 Note: Issue C.C. in three (3) days.
B/o Ksp