2017 Supreme(AP) 101

In the High Court of Andhra Pradesh
V. Ramasubramanian and G. Shyam Prasad, JJ.
Ponnala Praveen S/o P. Surender Reddy – Petitioner
Versus
The State of Andhra Pradesh, Represented by its Chief Secretary – Respondent
Writ Petition Nos. 23378 of 2013, 5070, 5260, 5658, 5860, 5864, 8764, 9819, 10497, 18166, 21314, 27490 of 2015, 16769, 16770 of 2017
Decided On : 28-04-2017

Headnote:

Constitution of India – Articles 320, 320 (3), 320(3)(c) - Central Act - Provisional Act - Response to the Notification were invited for a written test - Those who were shortlisted in the written examination were invited for a Physical Measurement Test to be conducted by a team of doctors from the General Hospital Hyderabad and Gandhi Hospital - Candidates who were found to be of the requisite physical measurements were invited for an oral interview which was held during the period - It must be pointed out at this stage that the post of Assistant Motor Vehicle Inspector is governed by the Special Rules for Andhra Pradesh Transport Subordinate Services - The Rules prescribe both educational qualifications as well as certain physical measurements - Must hold a Degree in Mechanical Engineering or Automobile Engineering of a recognized University in India established or incorporated by or under a Central Act or a Provisional Act or a State Act or institution recognized by the University Grants Commission or any equivalent qualification - Must hold a Diploma in Automobile Engineering granted by the State Board of Technical Education and Training Andhra Pradesh or Technological Diploma Examination Board or Any other equivalent qualification - License and have experience in driving motor vehicles for a period of not less than 3 years and possess Heavy Transport vehicle endorsement. Provided that where persons with 3 years experience in driving motor vehicles are not available, persons with two years experience in driving motor vehicles may be appointed - Must hold a Motor Vehicle driving license if they are holder of Light Motor Vehicle license if they are holder of Light Motor Vehicle Driving License only, they shall acquire the Heavy Transport Vehicle Endorsement within two years of their joining the service as Assistant Motor Vehicles Inspector, failing which they services will be terminated without assigning any reasons – Held, .P. Nos. 5070 of 2015, 5260 of 2015, 5658 of 2015, 5860 of 2015 and 5864 of 2015, filed by the selected candidates as against their termination, are liable to be allowed. Accordingly these writ petitions are allowed and the order of the A.P. Administrative Tribunal, dated 09.02.2015 passed in O.A. Nos. 8274, 8275 and 8276 of 2013 rejecting the challenge of these candidates to the orders of termination is set aside - Original Applications shall stand allowed and the orders of termination set aside. Similarly the writ petitions filed by the selected candidates in W.P Nos. 5864 of 2015 and 18166 of 2015, which arose out of O.A. Nos. 7160 of 2013 and 8592 of 2012 challenging the very constitution of the second Medical Board are also allowed - .P Nos. 8764 and 9819 of 2015 filed by the selected candidates as against the order of the Tribunal in O.A. No. 570 of 2013 allowing the application of an unselected candidate, is also allowed and the order of the Tribunal in O.A. No. 570 of 2013 is set aside. O.A. No. 570 of 2013 shall stand dismissed - W.P. No. 23378 of 2013 is filed by a group of 23 unselected candidates questioning the alleged apathy on the part of the official respondents in not taking action against the doctors, who constituted the first Medical Board and seeking a further direction to order an enquiry. Since this writ petition is filed on the basis of the second Medical report and also since we have held the constitution of the second Medical Board itself to be illegal, this writ petition is devoid of merits and hence, it is dismissed - W.P Nos. 10497, 21314 and 27490 of 2015 are filed by the unselected candidates challenging the refusal of the Tribunal in O.A. Nos. 570 of 2013 and 1443 of 2013 to grant the relief of a direction to the Government to replace not only 15 but also all the 83 candidates found by the second Medical Board not to have satisfied the physical measurements - petitions are liable to be dismissed. Accordingly, they are dismissed - W.P Nos. 16769 and 16770 of 2017 are also filed by unselected candidates challenging the refusal of the Tribunal in O.A. Nos. 5675 of 2012, 570 of 2013 and 1440 of 2013, to grant the relief of a direction to the Government to terminate the services of 83 candidates found to have not satisfied the physical measurements. These writ petitions are also dismissed - Petitions if any pending in all the writ petitions, shall stand closed.