Andhra Pradesh High Court - Amravati
Tenali Navya Kanth vs The State Of Andhra Pradesh on 27 July, 2020
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JULY, TWO THOUSAND AND TWENTY : PRESENT: THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 12044 OF 2020 / Between: Tenali Navya Kanth, S/o. Tenali Chinna. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Municipal Administration and Urban Development, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. Commissioner and Director, Municipal Administration Department, Government of Andhra Pradesh. 3. District Collector and Chairman, District Selection Committee, Guntur District. 4. District Collector and Chairman, District Selection Committee, Visakhapatnam District. ..Respondents 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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not appointing the Petitioner with a qualification in B.Pharmacy in D.SC Notification NO. 03/2019 dated 26.07.2019 in Municipal Administration Department (General Recruitment) for the post of Ward Sanitation and Environment Secretary (Grade-ll) and subsequent issuance of notification No.3 of 2020 dated 10.01.2020 of DSC in Andhra Pradesh Municipal Health Subordinate Service (General Recruitment) as illegal, arbitrary and violation of principles of natural justice and fundamental rights guaranteed to the Petitioner under Articles 14, 19 and 21 of Constitution of India and consequently direct the Respondents to appoint the Petitioner to the post of Ward Sanitation and Environment Secretary (Grade Il) under notification No.3 of 2019 dated 26.07.2019 of DSC in Andhra Pradesh Municipal Health Subordinate Service (General Recruitment) before filling up posts under the new notification No.3 of 2020 dated 10.01.2020 of DSC in Andhra Pradesh Municipal Health Subordinate Service (General Recruitment). IA NO: 1 OF 2020 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 to direct the iad a . Respondents to appoint the Petitioner to the post of Ward Sanitation & Environment Secretary (Grade II) under notification No.3 of 2019 dated 26.07.2019 of DSC in Andhra Pradesh Municipal Health Subordinate Service (General Recruitment) before filling up posts under the new notification No.3 of 2020 dated 10.01.2020 of DSC in Andhra Pradesh Municipal Health Subordinate Service (General Recruitment) forthwith considering the representation dated, pending disposal of WP 12044 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of G Arun Showri, Advocate for the Petitioner, GP for Municipal Administration and Urban Development for the Respondent No.1 & 2, Sri Aswath Narayana, learned Government Pleader for Services- | for Respondent No.3 & 4, and the Court made the following. ORDER
"Heard the learned counsel for the petitioner and Sri Aswath Narayana, learned Government Pleader for Services-l.
The grievance of the petitioner in the present case is that though the petitioner is qualified Science Graduate (B.Pharmacy) in the D.S.C. Notification dated 26-07-2019, despite his selection and issuance of call letter dated 25-09- 2019, he has not been appointed for the Post of Ward Sanitation and Environment Secretary (Grade-ll). The learned counsel for the petitioner submits that as per the notification dated 26-07-2019, any graduate in Sciences is qualified for the said post and the petitioner is qualified in the examination conducted by the respondents and however, he was not appointed and the applicants/qualified graduates holding Degree in B.Pharmacy, were kept on hold. The counsel for the petitioner further submits that the respondents issued a further notification now, wherein the qualifications as per errata to notification No.03/2020, dated 10-01- 2020, a Graduate in B.Pharmacy, is also entitled for the post of Ward Sanitation and Environment Secretary (Grade-ll). The learned counsel for the petitioner submits that the petitioner was not appointed despite having the requisite ~ qualification and passed in the examination conducted by the respondents and in view of the action of the respondents, he is deprived of being appointed to the said post of Ward Sanitation and Environment Secretary for no fault of him. The learned counsel for the petitioner seeks an interim direction to the respondents to appoint the petitioner to the said post before filling the posts under new Notification No.03/2020 dated 10-01-2020.
This Court prima facie is satisfied with the submissions made by the learned counsel for the petitioner. However, at the request of the learned Government Pleader for getting appropriate instructions, list the matter on,29-07- 2020 in the motion list." oA SD/- K.VENKAIAH ASSISTANT REGISTRAR ITTRUE COPY !/ For ASSISTANT RAR To,
1. The Principal Secretary, Department of Municipal Administration and Urban Development, Secretariat Buildings, State of Andhra Pradesh, Velagapudi, Amaravathi, Guntur District.
2. Commissioner and Director, Municipal Administration Department, Government of Andhra Pradesh.
3. District Collector and Chairman, District Selection Committee, Guntur District.
4. District Collector and Chairman, District Selection Committee, Visakhapatnam District.(1 to 4 by RPAD)
5. One CC to Sri G Arun Showri, Advocate [OPUC]
6. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT]
7. Two CCs to Sri Aswath Narayana, GP for Services-|, High Court of Andhra Pradesh. [OUT]
8. One spare copy SP A HIGH COURT NJSJ DATED: 27/07/2020 LIST THE MATTER ON 29-07-2020 IN THE MOTION LIST.
ORDER WP.No.12044 of 2020 INTERIM DIRECTION