IN THE HIGH COURT OF ANDHRA PRADESH
K. Manmadha Rao, J.
Dr K Sreelatha – Petitioner
Versus
The Director Of Medical Education State Of AP – Respondent
Writ Petition No.663 of 2022
Decided On : 14-09-2022
Constitution of India, 1949 – Article 226 – A.P. State and Subordinate Service Rules, 1996 – Rule 28 – Power of High Court to issue certain writs – Writ of Mandamus – Petitioner was initially appointed as Civil Assistant Surgeon was appointed as tutor in OBGY Government Medical walk-in interview – Petitioner was re-designated as Assistant Professor OBG – Held, Court considered opinion that directing respondents to consider case of petitioner for promotion for promotion post of Professor in Obstetrics and Gynecology specialty considering her seniority during which, no DPC was conducted for reasons best known to respondents for promotion to post of Associate Professor from considered for posting in Kurnool Medical College, Kurnool – Writ Petition is disposed of.
ORDER :
This petition is filed under Article 226 of the Constitution of India for the following relief:-
Brief facts of the case are that the petitioner was initially appointed as Civil Assistant Surgeon in July 2000. Subsequently, she was appointed as tutor in OBGY in August 2000 at Government Medical College, Anantapuram following walk-in interview. The petitioner was re-designated as Assistant Professor OBG at the same place in September, 2001. Thereafter, the petitioner was transferred to Kurnool Medical College, Kurnool in January 2004. Later, she was transferred and posted to SVMC, Tirupati in November 2014. It is further stated that the petitioner was posted as Tutor in Urology at Kurnool Medical College, which is a mismatch post, in January 2016 and she was again posted as Assistant Professor OBGY in the existing vacancy in May 2017. It is further stated that the petitioner’s husband died while he was in service, in the year 2008 leaving behind two daughters and the petitioner is the sole person to look after them.
It is further stated that the 1st respondent has issued Seniority List of Assistant Professors (OBGY) vide proceedings dated 23.08.2018 for effecting promotions to the post of Assistant Professors, which were vacant at the relevant time in August 2018 to fill up vacant posts. Subsequently, in September 2018, the 1st respondent transferred and posted Dr. A.Srilakshmi, Associate Professor (OBGY) Kurnool Medical College, Kurnool on deputation as Associate Professor (OBGY), which was vacant and which was supposed to be filled up by promotion vide proceedings in Rc.No.5754/E-1/2018 dated 31.08.2018 at the instance of the then Director, the 2nd respondent transferred the party respondent as was done in other transfers in January 2019 by way of issuing G.O. But very unfortunately the said GO kept secret for sometime as despite efforts made by the petitioner, she could not be able to get the said GO at the time of filing WP No.8808 of 2019, which is pending before a Divsion Bench of this Court.
It is further stated that the 1st re
G. Boyanna Vs. Registrar (Administration), High Court of AP and another
The discretionary power of the State Government in filling up vacancies, the lack of right to claim anticipated vacancies, and the role of the State as a model employer were central legal principles ....
Administrative delays should not prejudice candidates’ rights to promotion when eligibility is established, emphasizing procedural fairness and adherence to seniority in selections.
The central legal point established in the judgment is the significance of seniority in promotions and the obligation to consider the senior-most person for promotion before junior employees.
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