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[Cites 5, Cited by 0]

Andhra Pradesh High Court - Amravati

Dr. T. Muniramaprasad vs The State Of Ap on 4 December, 2024

APHC010296302024
                   IN THE HIGH COURT OF ANDHRA
                               PRADESH
                            AT AMARAVATI
                     (Special Original Jurisdiction)   [3331]

               WEDNESDAY, THE FOURTH DAY OF DECEMBER
                  TWO THOUSAND AND TWENTY FOUR

                                PRESENT

          THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

                     WRIT PETITION NO: 14968/2024

Between:

   1. DR. T. MUNIRAMAPRASAD, S/O T. MUNAIAH, AGED 57 YEARS,
      OCC- MEDICAL OFFICER, GOVERNMENT HOMEO DISPENSARY,
      KALLUR,   YSR KADAPA DISTRICT, R/O. D.NO.2/525, BALAJI
      NAGAR, PRODDATUR, YSR KADAPA DISTRICT.

   2. DR. D.H. KISHORE BABU, S/O D. HUSSAIN, AGED 49 YEARS,
      OCC- MEDICAL OFFICER, GOVERNMENT HOMEO DISPENSARY,
      PRIMARY HEALTH CENTRE, SRISAILAM, KURNOOL DISTRICT,
      R/O. H.NO.30-726/W-19, SREECHAKRA VENTURE, VIJAYANAGAR
      COLONY, BOMMALASATRUM,         NANDYAL-518501, KURNOOL
      DISTRICT.

   3. DR. K. RAMANI DEVI, W/O KARRA SUBBA REDDY, AGED 53
      YEARS, OCC- MEDICAL OFFICER,      GOVERNMENT HOMEO
      DISPENSARY, PRIMARY HEALTH CENTRE, PEDDAMMANURU
      VILLAGE, KURNOOL DISTRICT, R/O. FLAT NO.210,  ERASI
      PARADISE APARTMENT, 0PP. MUNICIPAL OFFICE, SALEEM
      NAGAR, NANDYAL-518501, KURNOOL DISTRICT.

   4. DR. T. RAJASEKHAR, S/O T.J. SUNDARAM, AGED 52 YEARS,
      OCC- MEDICAL OFFICER, GOVERNMENT HOMEO DISPENSARY
      (AYUSH), PRIMARY HEALTH CENTRE, BUKKARAYASAMUDRAM,
      KURNOOL DISTRICT, R/O. FLAT NO.501,      SRI SAIRAM
      COMFORTS APARTMENTS, SHARADANAGAR, THARAKANATH
      COLONY, ANANTHAPURAMU-515001.

   5. DR. P. SURYANARAYANA REDDY, S/O P. CHINNA KONDA REDDY,
      AGED 57 YEARS, OCC- MEDICAL OFFICER, GOVERNMENT
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                                                    W.P.No.14968 of 2024



         HOMEO DISPENSARY,      COMMUNITY HEALTH CENTRE,
         JAMMALAMADUGU, YSR KADAPA DISTRICT, R/O. D.NO.21/439-1,
         THEERU ROAD-2, JAMMALAMADUGU, YSR KADAPA DISTRICT.

    6. DR. K. RAJA RAO, S/O K. VENKATAIAH LATE, AGED 53 YEARS.
       MEDICAL OFFICER,      GOVERNMENT HOMEO DISPENSARY,
       PRIMARY HEALTH CENTRE, PEAPULLY VILLAGE, KURNOOL
       DISTRICT, R/O. 76/100-3-5-1-D1, GEETHA NAGAR, BELLARY
       CHOWRASTHA, KURNOOL-518003.

    7. DR. C. SOWBHAGYA LAKSHMI, W/O M.S. VIJAYA BHASKAR
       AGED 51 YEARS. MEDICAL OFFICER, GOVERNMENT HOMEO
       DISPENSARY, RAYACHOTY, YSR KADAPA DISTRICT, R/O.
       H.NO.2/259-3, MARUTHINAGAR, KADAPA-516001.

    8. DR. Y.N. SELVARAJ, S/O Y. NARASIMHULU CHETTY, AGED 57
       YEARS.    MEDICAL   OFFICER,     GOVERNMENT    HOMEO
       DISPENSARY, THUMBA KUPPAM, CHITTOOR DISTRICT, R/O
       D.NO.824-69, AYYAKANNU STREET,       PALAMANER POST,
       CHITTOOR DISTRICT.

    9. DR. VEMAVARAM VYDYANATH, S/O N.M. PRABHUDAS, AGED 58
       YEARS.   MEDICAL  OFFICER,      GOVERNMENT    HOMEO
       DISPENSARY, PRIMARY HEALTH CENTRE, VEMPALLY, YSR
       KADAPA DISTRICT, R/O. H.NO.24/384, POWERHOUSE ROAD,
       PRODDATUR, YSR KADAPA DISTRICT.

    10. DR. PALUKURU MADHAVI, W/O GANGIREDDY NARASIMHA
        REDDY, AGED 50 YEARS. MEDICAL OFFICER, GOVERNMENT
        HOMEO DISPENSARY, PRIMARY HEALTH CENTRE, DHONE,
        KURNOOL DISTRICT,    R/O. FLAT NO.204, RIVER VIEW
        APARTMENT, VTC, KURNOOL-518004.

    11. N. PADMA SRI CHANDRAKALA, D/O LATE N. NAGARAJU, AGED
        51 YEARS, MEDICAL OFFICER,       GOVERNMENT HOMEO
        DISPENSARY, KONAKONDIA, KURNOOL DISTRICT, R/O. H.NO.
        12/517-D4, ADARSH NAGAR, KASAPURAM ROAD, NEAR COURT,
        GUNTAKAL-515801, ANANTHAPURAMU DISTRICT.

    12. DR. S. ANNAMANI, D/O S. BHASKARA RAO, AGED 47 YEARS,
        OCC GHD, PHC, BANDARULANKA. R/O P. NAGESWARA RAO,
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                                                   W.P.No.14968 of 2024



         NEAR SUB-REGISTRAR OFFICE,     AMBAJIPETA, AMBAJIPETA
         MANDAL-533214, EAST GODAVARI DISTRICT, A.P.

    13. DR. KOTLA WESLEY,, S/O. K.KONDAIAH, AGED 57 YEARS, OCC
        MEDICAL OFFICER,     GOVERNMENT HOMEO DISPENSARY,
        ANUMALAVEEDU,    PRAKASAM DISTRICT, R/O. D.NO.11-121,
        INDIRA NAGAR, YERRAGONDAPALEM VILLAGE AND MANDAL,
        PRAKASAM DISTRICT.

    14. DR.N.SASIKALA,, D/O.N.P.SANJEEVA REDDY, AGED 50 YEARS,
        OCC MEDICAL OFFICER, GOVERNMENT HOMEO DISPENSARY,
        BEVANAHALLI, ANANTAPUR DISTRICT, R/O. D.NO.17-3-630/E3,
        K.L.ROAD, HINDUPUR, ANANTAPUR DISTRICT.

    15. DR. MOGILI YEDUKONDALU, S/O. M.POTHURAJU, AGED ABOUT
        45 YEARS, OCC MEDICAL OFFICER, GOVERNMENT HOMEO
        DISPENSARY, MARRIPADU, PRAKASAM DISTRICT, R/O. D.NO.3-
        32-9/11, MAHALAKSHMI NAGAR, 13TH LINE PEDDACHERUVU,
        NARASARAOPET, GUNTUR DISTRICT.

                                                ...PETITIONER(S)

                               AND

    1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY,
       HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, A.P.
       SECRETARIAT, BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR
       DISTRICT.

    2. THE COMMISSIONER, DEPARTMENT       OF   AYUSH,    ANDHRA
       PRADESH, VIJAYAWADA.

    3. THE ANDHRA PRADESH PUBLIC SERVICE COMMISSION, REP.
       BY ITS SECRETARY, VIJAYAWADA, KRISHNA DISTRICT.

    4. DR M SREENIVASULU, H.T.NO.17100503, C/O THE SECRETARY,
       APPSC, 2ND FLOOR, MG ROAD, PP. INDIRA GANDHI MUNICIPAL
       STADIUM, NEW R AND B BUILDING, VIJAYAWADA-520010.

    5. DR LAXMINARASAIAH, H.T.NO.17300114, C/O THE SECRETARY,
       APPSC,   2 ND FLOOR, MG ROAD, OPP. INDIRA GANDHI
       MUNICIPAL STADIUM, NEW R AND B BUILDING, VIJAYAWADA-
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                                                   W.P.No.14968 of 2024



         520010.

    6. DR KARUNAKAR, H.T.NO.17100018, C/O THE SECRETARY,
       APPSC, 2ND    FLOOR, MG ROAD, 0PP. INDIRA GANDHI
       MUNICIPAL STADIUM, NEW R AND B BUILDING, VIJAYAWADA-
       520010.

    7. DR PRADEEP, H.T.NO.17100170, C/O THE SECRETARY, APPSC,
       2ND   FLOOR, MG ROAD, 0PP. INDIRA GANDHI MUNICIPAL
       STADIUM, NEW R AND B BUILDING, VIJAYAWADA-520010.

    8. DR INDIRA, H.T.NO.17100249, C/O THE SECRETARY, APPSC,
       2ND   FLOOR, MG ROAD, 0PP. INDIRA GANDHI MUNICIPAL
       STADIUM, NEW R AND B BUILDING, VIJAYAWADA-520010.

    9. DR RAJESH, H.T.NO.17100270, C/O THE SECRETARY, APPSC,
       2ND   FLOOR, MG ROAD, 0PP. INDIRA GANDHI MUNICIPAL
       STADIUM, NEW R AND B BUILDING, VIJAYAWADA-520010.

    10. DR KEERTHANA, H.T.NO.17100364, C/O THE SECRETARY,
        APPSC,   2ND   FLOOR, MG ROAD, 0PP. INDIRA GANDHI
        MUNICIPAL STADIUM, NEW R AND B BUILDING, VIJAYAWADA-
        520010.

    11. DR V CHANDRA SEKHAR, H.T.NO.17100496, C/O THE
        SECRETARY, APPSC, 2ND FLOOR, MG ROAD, 0PP. INDIRA
        GANDHI MUNICIPAL STADIUM, NEW R AND B BUILDING,
        VIJAYAWADA-520010.

    12. DR V SHANTHIPRIYA, H.T.NO.17100553, C/O THE SECRETARY,
        APPSC,   2ND   FLOOR, MG ROAD, 0PP. INDIRA GANDHI
        MUNICIPAL STADIUM NEW R AND B BUILDING, VIJAYAWADA-
        520010.

    13. DR PRIYANKA, H T.NO.1 7100569, C/O THE SECRETARY, APPSC,
        2ND   FLOOR, MG ROAD, 0PP. INDIRA GANDHI MUNICIPAL
        STADIUM NEW R AND B BUILDING, VIJAYAWADA-520010.

    14. DR LUCA, H T.NO. 17100783, C/O THE SECRETARY, APPSC, 2ND
        FLOOR, MG ROAD, 0PP. INDIRA GANDHI MUNICIPAL STADIUM
        NEW R AND B BUILDING, VIJAYAWADA-520010.
 Page 5 of 8
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                                                    W.P.No.14968 of 2024



    15. DR MANOHAR, H T.NO. 17200015, C/O THE SECRETARY, APPSC,
        2ND FLOOR, MG ROAD, 0PP. INDIRA GANDHI MUNICIPAL
        STADIUM NEW R AND B BUILDING, VIJAYAWADA-520010.

    16. DR VENKATALAXMI, H T.NO. 17200028, C/O THE SECRETARY,
        APPSC,   2ND FLOOR, MG ROAD, OPP. INDIRA GANDHI
        MUNICIPAL STADIUM NEW RANDB BUILDING, VIJAYAWADA-
        520010.

    17. DR NIRMALA REDDY, H T.NO. 17200072, C/O THE SECRETARY,
        APPSC,   2ND FLOOR, MG ROAD, OPP. INDIRA GANDHI
        MUNICIPAL STADIUM NEW RANDB BUILDING, VIJAYAWADA-
        520010.

    18. DR MITHUN, H T.NO. 17200212, C/O THE SECRETARY, APPSC,
        2ND FLOOR, MG ROAD, OPP. INDIRA GANDHI MUNICIPAL
        STADIUM NEW RANDB BUILDING, VIJAYAWADA-520010.

    19. DR DIVYA, H T.NO. 17300099, C/O THE SECRETARY, APPSC, 2ND
        FLOOR, MG ROAD, OPP. INDIRA GANDHI MUNICIPAL STADIUM
        NEW RANDB BUILDING, VIJAYAWADA-520010.

    20. DR ISRATH, H T.NO. 17300104, C/O THE SECRETARY, APPSC,
        2ND FLOOR, MG ROAD, OPP. INDIRA GANDHI MUNICIPAL
        STADIUM NEW RANDB BUILDING, VIJAYAWADA-520010.

    21. DR NEELESH, H.T.NO.17300109, C/O THE SECRETARY, APPSC,
        2ND FLOOR, MG ROAD, 0PP. INDIRA GANDHI MUNICIPAL
        STADIUM, NEW R AND B BUILDING, VIJAYAWADA-520010.

    22. DR ASHUTOSH, H.T.NO.17300047, C/O THE SECRETARY, APPSC,
        2ND FLOOR, MG ROAD, 0PP. INDIRA GANDHI MUNICIPAL
        STADIUM, NEW R AND B BUILDING, VIJAYAWADA-520010.

    23. DR MOUNIKA, H.T.NO.17400048, C/O THE SECRETARY, APPSC,
        2ND FLOOR, MG ROAD, OPP. INDIRA GANDHI MUNICIPAL
        STADIUM NEW R AND B BUILDING, VIJAYAWADA-520010.

    24. DR JYOTHI, H.T.NO.17400068, C/O THE SECRETARY, APPSC,
        2ND FLOOR, MG ROAD, 0PP. INDIRA GANDHI MUNICIPAL
        STADIUM, NEW R AND B BUILDING, VIJAYAWADA-520010.
 Page 6 of 8
                                                                              SRS,J
                                                                W.P.No.14968 of 2024



    25. DR HIMABINDU, H.T.NO.17400127, C/O THE SECRETARY, APPSC,
        2ND FLOOR, MG ROAD, OPP. INDIRA GANDHI MUNICIPAL
        STADIUM, NEW R AND B BUILDING, VIJAYAWADA-520010.

                                                          ...RESPONDENT(S):

      Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased to issue an appropriate writ, order or direction more particularly one
in the nature of writ of Mandamus declaring the action of the 3rd respondent
in issuing results notification Dt.04.07.2024 in connection with Recruitment
Notification     No.9/2021, Dt.24.09.2021 and Supplemental Notification
No.17/2022, Dt.26.09.2022 provisionally selecting 51 candidates in calling
them for certificate verification to be held to from 23.07.2024 to 25.07.2024 at
the office of the 3 rd respondent without waiting for the orders to be passed
by the 1st and 2nd respondent in connection with the directions issued by
this Honourable Court in order Dt.28.03.2024 in W.P.No.22958 of 2021 and
26282 of 2021 as illegal, arbitrary and violative of Articles 14, 16 and 21 of
the Constitution of India and contrary to the common order Dt.28.03.2024 in
W.P.No.22958 of 2021 and 26282 of 2021 of this Honourable Court and
consequently set aside the same and pass

IA NO: 1 OF 2024

      Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased
stay the results notification Dt.04.07.2024 in connection with Recruitment
Notification No.9/2021, Dt.24.09.2021 to and Supplemental Notification No.
17/2022, Dt.26.09.2022, pending disposal of the writ petition and pass

Counsel for the Petitioner(S):

    1. MANOJ KUMAR BETHAPUDI

Counsel for the Respondent(S):

    1. GP FOR SERVICES IV

    2. V.VENKATA NAGA RAJU (SC FOR APPSC)

    3. CHALLA GUNARANJAN
 Page 7 of 8
                                                                                SRS,J
                                                                  W.P.No.14968 of 2024



The Court made the following:

                                      :: ORDER :

:

The above writ petition is filed to declare the action of respondent No.3 in issuing result notification dated 04.07.2024 for recruitment of Medical Officers (Homeo) in Ayush Department in pursuance of notification No.09/2021, dated 24.09.2021 and Supplemental notification No.17/2022, dated 26.09.2022, without waiting for the orders of the respondents 1 & 2, in pursuance of order dated 28.03.2024 in W.P.Nos.22958 & 26282 of 2021, as illegal and arbitrary.

2. Heard learned counsel appearing on either side.

3. At the hearing, learned counsel for the petitioner would submit that pending the writ petition, in pursuance of the order dated 28.03.2024 in W.P.Nos.22958 & 26282 of 2021, respondent No.2 passed a speaking order dated 16.07.2024. Aggrieved by the speaking order, the petitioners filed W.P.No.17989 of 2024.

4. In reply, the learned Assistant Government Pleader for Services did not refute the submission made by the learned counsel for the petitioner.

5. Given the submissions and because of subsequent developments, no further orders are required in the writ petition.

6. Accordingly, the Writ Petition is closed. There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

___________________________ JUSTICE SUBBA REDDY SATTI Date : 04.12.2024 TVN Page 8 of 8 SRS,J W.P.No.14968 of 2024 187 THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.14968 OF 2024 Date : 04.12.2024 TVN