Andhra Pradesh High Court - Amravati
P Subhash Babu vs State Of Andhra Pradesh, on 31 August, 2020
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
\ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI | (Special Original J urisdiction) NTY MONDAY, THE THIRTY FIRST DAY OF AUGUST, TWO THOUSAND AND TWE :PRESENT: THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO: 14467 OF 2020 . ; . R/o Bere Subhash Babu, S/o P Mastanvalli, Hindu, Age. 33 Years, Occ: Unemployed, H.No.56/106-17, Shenker Reddy Street, Kadapa District. Petitioner " i Health, Medical and Family Welfare desh, Rep. by its Pri. Secretary, ; : State FAY = Block Ground Floor, Room No. 157, Amaravathi, A.P. Secretariat, 1 522 503, Guntur District, . fa 2 vel ap orate of Medical Education, Old Govt. General Hospital Campus, Vijayawa Krishna District. Respondents Petition under Article 726 of the Constitution of India praying hon in the Sie eyoprite stated in the affidavit filed therewith, the High Court may be pleaset xt nus by declaring Writ, Order or Direction more particularly one the mature or ae rment oot of Asst. i i -06-2 or Direc . the Impugned Notification dated 16 aetne control vio respondent, , 2020 and Lateral entry in different subject unde trol « ( in the present recruitment notification 1s contrary to the quali aie presc0 m Medical Council of India Rules/Guidelines as Pe the reve vo instead ° DIMS/DNB i i wi Sc. the post of Assistant Professor (Physiology) having sear eligible v mdidates, ificati 1 he 2 respondent in preparing the list for elig GOO eto Oat cal Co ot i idelines by giving a preference to the M.Sc. the Medical Council of India Rules/Guide ines oy giving @ | to the Conrdetes for Selection to the post of Asst. Professor in Gite oe an 1s 05 highly ion i j iscrimi in violation of Article 1°, arbitrary and unjust, discriminatory and also in violatior a direct the ia i "aside the same and consequently oF India and declare the same as bad in law and set-asi Respondents to hold the petitioner is eligible candidate to the Poe ° Assistant Pre india i i i i the Medica. Physiology) having with qualification of MD/MS/DNB as per th Pays e cadtines issued vide Gazette Notification 12-02-2020 in the present Recruitment Notification dated 16-06-2020 and appoint him forthwith 1A NO: 1 OF 202 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 Respondents to consider the case of the petitioner for appointment to the post of Assistant Professor (Physiology) having with qualification of MD/MS/DNB as per the Medical Council of India Rules/Guidelines issued vide Gazette Notification 12-02-2020 in the present Recruitment Notification dated 16- 06-2020, pending disposal of the writ petition No. 14467 of 2020, on the file of the High Court. IA NO: 2 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 stay all further proceedings in respect of Recruitment Notification dated 16-06-2020 for selection and appointment to the post of Assistant Professor (Physiology) contrary to the Rules/Guidelines issued by Medical Council of India Rules/Guidelines by the Gazette Notification dated 12-02-2020 pending disposal of the present Writ Petition No.14467 of 2020, on the file of the High Court. The writ petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri C. RAJA SEKHAR REDDY, Advocate for the Petitioner and of the GP for Med-Health and Family Welfare, for the Respondents and the Court made the following: ORDER
"Learned Assistant Government Pleader for Services-I requested time to get instructions.
It is clear from the material on record that the petitioner passed MD/MS/DNB and he is qualified for promotion to the post of Assistant Professor. Initially, a list was prepared and called for objections on 09.08.2020 and accordingly the petitioner submitted his objection on the same day i.e., on 09.08.2020 and later a list is prepared including the candidates, who possessed the qualification of M.Sc., (Anatomy). According to the petitioner, the candidates whose names are appearing in the list are not qualified to the post of Assistant Professor in terms of guidelines issued by Medical Council of India. However, a final list was prepared on 23.08.2020. The petitioner also again submitted his objection on the same day i.e., on 23.08.2020 and it is pending for consideration.
During pendency of objection submitted by the petitioner the respondent authorities prepared a Provisional Selection List on 30.08.2020 by fixing the dates of counselling as 02.09.22020 and 07.09.2020.
It is the main contention of petitioner that the candidates whose names are appearing in the Provisional Selection List are not eligible for appoint to the post of Assistant Professor in view of the guidelines issued by the Medical Council of India. Therefore, taking into consideration of facts and circumstances of case, further proceedings of conclusion of counselling and for appointment to the post of Assistant Professors in Anatomy and Physiology Departments etc., is hereby set aside till 07.09.2020, as the petitioner is having prima facie case and balance of convenience in his favour. Post the matter on 02.09.2020."
Sq/- E. KAMESHWARA RAO ASSISTANT REGISTRAR |[TRUE COPY// ah.
For assistant Ceerwan To,
1. The Principal Secretary, Health, Medical and Family Welfare Department, State of Andhra Pradesh, V - Block, Ground Floor, Room No. 157, Amaravathi, A.P. Secretariat, Velagapudi 522 503, Guntur District (by RPAD) .. The Directorate of Medical Education, Old Govt. General Hospital Campus, Vijayawada, Krishna District. (by RPAD) One CC to Sri C Raja Sekhar Reddy, Advocate [OPUC] Two CCs to GP for Med Health and Family Welfare, High Court Of AP. [OUT] One spare copy wey MSR HIGH COURT MSMJ DATED:31/08/2020 NOTE : POST THE MATTER ON 02.09.2020 ORDER WP.NO.14467 OF 2020 DIRECTION