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2022 Supreme(AP) 833

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

Advocates:
Advocate Appeared:
For the Petitioner: P V Krishnaiah

Headnote:

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:-

    “…to grant proper relief more in the nature of Writ of Mandamus declaring the action of the respondents in taking steps to effect promotions to the post of professors other than professor OBGY in pursuance of Circular Rc.No.231121/E1 AB/2021 dated 25.11.2021 issued by the 1st respondent without taking steps for affecting promotion to the post of professor OBGY also as arbitrary, illegal, discriminatory, malafide and constitutional violating Article 14, 16 and 21 of the Constitution of India and issue consequential directions directing the respondents to forthwith affect promotions to the post of professor OBGY also along with other departments in pursuance of Circular Rc.No.231121/E1-AB/2021 dated 25.11.2021 issued by the 1st respondent by considering the case of the petitioner for promotion to the post of Professor OBYG by giving postal date of promotion and seniority to the petitioner in the cadre of associates professor OBGY with effect from the date of promotion of associates professors in other departments who were promoted for the panel year 2017-18 are alternatively prepare the year wise panels for promotions to the post of Associate Professor OBYG in terms of rule 6 of Andhra Pradesh State Subordinate rules and consider and promote the petitioner to the post of Associate Professor OBYG with effect from the date of availability of vacancy in the cadre of Associate Professor OBGY with all consequential benefits including for promotion to the post of professor OBGY and issue further direction restraining the respondents from affecting promotions to the post of professors in other departments that is other than Professors OBGY in pursuance of the Circular Rc.No.231121/E1-AB/2021 dated 25.11.2021 issue the first respondent till effecting promotion to the post of Associate Professor OBGY also in terms of rule 6 of Andhra Pradesh State Subordinate rules and pass such other order or orders…….”

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

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