Andhra Pradesh High Court - Amravati
The Guntur Zilla Gopalamithrala ... vs The State on 31 December, 2020
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
Writ Petition No.25659 of 2020
ORDER:
This petition is filed under Article 226 of the Constitution of India, claiming the following relief:-
"....to issue Writ order or direction more particularly in the nature of WRIT OF MANDAMUS declaring the failure of respondents to consider the past and vast experience of Gopala Mithras and their representations for absorption of Gopala Mitras to the posts of Animal Health Assistants directly or by giving relaxation in qualifications to appear for the test for recruitment of posts of Animal Health Assistants as done in case of appointment of Village Revenue Assistants as Village Revenue officers GradeII as illegal arbitrary and discriminatory and consequently direct the respondents to consider the past and vast experience of Gopala Mithras and their representations for absorbtion of Gopala Mitras to the posts of Animal Health Assistants directly or by giving relaxation in qualifications to appear for the test for recruitment of posts of Animal Health Assistants and pass such other order."
2. The case of petitioners is that in the State of Andhra Pradesh from the year 2000 onwards the persons having 10th Class qualification were recruited as Gopala Mithras. As there was unemployment problem, most of rural unemployed youth opted to the said post. The petitioners those who were selected as Gopala Mithras, four months training was given in Artificial Insemination, First aid to cattle etc., by spending Rs.20,000/- on each candidate. Gopala Mithras work under A.P. Live Stock Development Agency, the 3rd respondent herein. 2
3. After training, all the Gopala Mithras were posted in villages where services of veterinary doctors are not available. For 700-1200 cattle in any village or cluster of villages, one Gopala Mithra is allotted to that village. The duties of Gopala Mithras are that they have to move in their respective village(s) regularly and to attend complaints of ill-health to cattle and attend to first-aid and artificial insemination etc., They also attend to vaccination, preventive health care and de-warming etc., Gopala Mithras are helping the farming community by providing service at their door steps.
4. Since the year 2000 onwards the Gopala Mithras have been sincerely discharging their duties. Even after the year 2000 also number of persons were recruited as Gopala Mithras, they have been eking out their livelihood by doing their duties sincerely to the satisfaction of owners of cattle, living in villages where they work, helping the farming community and in increasing the production of healthy livestock. Government is also utilizing the services of Gopala Mithras for all the meetings related to Veterinary Department and other departments also.
5. It is further submitted that recruitment of Gopala Mithras was done till the year 2018, thereafter, the recruitment of Gopala Mithras has been stopped. After the present Government came into power, a new post is created in the Veterinary Department i.e., Animal Husbandry Assistant. The duties of Animal Husbandry Assistant are same as Gopala Mithras. Animal Husbandry Assistants are proposed to be allotted to 3 Ryot Bharosa Kendras. On 24.07.2019, a notification was issued for recruitment of 9,886 posts of Animal Husbandry Assistants. A test was proposed to be conducted for the said recruitment. The following educational qualifications were fixed to appear for the test.
Educational Qualifications: A candidate should possess the academic qualifications for the post as on the date of notification for direct recruitment issued by the concerned recruiting agency.
i) Two years Animal Husbandry Polytechnic Course conducted by Sri Venkateswara Veterinary University, Tirupathi, or
ii) Intermediate Vocational Course in Dairying and Poultry Science as one of the subjects of study/two years Poultry Diploma Course conducted by the Polytechnic College, Ramachandrapuram of Sri Venkateswara University, Tirupati etc.,/two year Intermediate Vocational Course in Multi Purpose Veterinary Assistant (MPVA) as per the provisions of G.O.Ms.No.34, dated 13.09.2013 of AHDDF (AHII) Department.
"Provided that the candidate selected with the qualifications in clauses(2) shall undergo one year departmental training to be conducted by the Director of Animal Husbandry as in service candidate."
6. On account of the prescribed qualification, sufficient number of candidates did not apply and several posts were left vacant, but the petitioners are claiming that they have also to be considered for being appointed as 'Animal Husbandry Assistants' as they were trained and discharging their duties 4 which the Animal Husbandry Assistants are required to discharge and the petitioners made several representations to the respondents to consider Gopala Mithras to appear for the examination of Animal Husbandry Assistant for allotment to Ryot Bharosa Kendras, but they did not consider and the inaction of the respondents is illegal and arbitrary and requested to issue appropriate direction to them.
7. During the course of hearing, Sri Venkateswarlu Kolla, learned counsel for the petitioners mainly contended that the petitioners were discharging their duties as Gopala Mithras since long time and they are being deprived of their livelihood by appointing Animal Husbandry Assistants. More so, the petitioners are discharging their duties which the Animal Husbandry Assistants are required to discharge and if the petitioners are permitted to appear for the examination they may compete with other candidates as per the norms fixed by the Government and requested to issue necessary direction to consider Gopala Mithras to participate in the selection process.
8. Learned Government Pleader for Animal Husbandry opposed this petition.
9. Admittedly, almost all the petitioners are only 10th Class passed candidates who underwent training for four months after selecting them as Gopala Mithras. It is not known whether any one of these petitioners possessed higher qualification than 10th Class, since no material is placed on record. However, none 5 of them did not possess requisite qualification prescribed in the notification dated 24.07.2019 for recruitment of 9,886 posts of Animal Husbandry Assistants. If really any of them possessed such qualification they can participate in the process of selection for being appointed as Animal Husbandry Assistants. But, the main contention of these petitioners is that the petitioners are also eligible to render services as required to be rendered by the Animal Husbandry Assistants though they did not possess necessary qualification.
10. It is for the Government to fix qualification for any post by exercising power under Articles 309 and 311 of the Constitution of India. Therefore, the Government fixed the specific qualification as stated above for being appointed as Animal Husbandry Assistants. The Animal Husbandry Assistants dealing with the livestock of animals and sometimes if the assistants were not trained and failed to discharge their duties because of lack of qualification there is ever danger to the livestock also. Therefore, unless prescribed qualification is possessed by the persons they are not entitled to be appointed as Animal Husbandry Assistants.
11. The qualification was fixed by experts in the department depending upon the necessity and nature of duties and this Court is not expected to prescribe any qualification to permit these petitioners to participate in the selection process. 6
12. The Apex Court in Government of A.P and Another Vs. P.Ravinder and Others1 wherein it is held in Para 4 of the judgment as follows:-
"Para 4: The State Government is the authority to take a policy decision. Whether the decision is tenable or not in law, as we have just pointed out, is not to be decided here. But since government in their wisdom have specifically confined the application of the notification to recruitment through the State Public Service Commission, we have not been able to appreciate the decision of the Tribunal that it was also available to be extended to selection through bodies other than the State Public Service Commission."
13. In view of law, it is not for the Court to prescribe such qualification and it is for the expert committee of particular department to fix the qualification and consequently this Court cannot issue a Writ of Mandamus to consider the candidature of the petitioners who are not qualified for being appointed as per the qualification fixed in G.O.Ms.No.34, dated 13.09.2013 of AHDDF (AHII) Department. However, if the petitioners made any representations, it is for the respondents to consider those representations, in accordance with law.
14. With the above observations, the Writ Petition is dismissed at the stage of admission. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
_________________________________________ JUSTICE M.SATYANARAYANA MURTHY Date: 31-12-2020 IS 1 1991 Supp (2) Supreme Court Cases 112 7 HONOURABALE SRI JUSTICE M.SATYANARAYANA MURTHY Writ Petition No.25659 of 2020 Date: 31.12.2020 IS