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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P. MADHAVI DEVI, J.
A. Sagar and Others - Petitioners
Versus
The District Medical and Health Officer and Others - Respondents
W.P. No. 3845 of 2022
Decided On : 20-09-2022
mandamus - appointment of Multipurpose Health Assistants (MPHA) (Male) - G.O.Ms.No.273, HM & FM, dated 24.04.1989; G.O.Ms.No.352 HM&FW dated 01.08.1992; G.O.Ms.No.111 HM&FW dated 12.04.2002; G.O.Ms.No.159 HM&FW, dated 16.05.2003; G.O.Ms.No.484 HM&FW dated 24.12.2002 - The court directed the respondents to issue appointment orders to the petitioners within a period of four weeks from the date of receipt of a copy of the order in the existing vacancies or by creating super numerary posts if necessary, if the petitioners are more meritorious than the candidates appointed vide G.O.Rt.No.1207, dated 09.10.2013. The petitioners shall be eligible for all consequential benefits such as notional seniority from the date of appointment of the candidates who were less meritorious to the petitioners and such seniority shall also be counted for the purpose of retirement benefits. However, the petitioners shall not be entitled to back wages.
Fact of the Case:
The petitioners sought a writ of mandamus to declare the action of the respondents in not considering their case for appointment as Multipurpose Health Assistants (MPHA) (Male) as illegal, arbitrary, and discriminatory. They requested to set aside the impugned order and direct the respondents to appoint them to the post of MPHA’s (M) as per their merit, strictly by implementing the orders of the Court dated 15.09.2015.
Finding of the Court:
The court found that the delay in appointments cannot be attributed to the petitioners and directed the respondents to issue appointment orders to the petitioners within a period of four weeks from the date of receipt of a copy of the order in the existing vacancies or by creating super numerary posts if necessary, if the petitioners are more meritorious than the candidates appointed vide G.O.Rt.No.1207, dated 09.10.2013. The petitioners shall be eligible for all consequential benefits such as notional seniority from the date of appointment of the candidates who were less meritorious to the petitioners and such seniority shall also be counted for the purpose of retirement benefits. However, the petitioners shall not be entitled to back wages.
Issues: The issues revolved around the non-consideration of the petitioners' case for appointment as MPHA’s (M) despite securing more marks than the candidates who were reappointed, and the rejection of their case by the respondents.
Ratio Decidendi: The court held that the delay in appointments cannot be attributed to the petitioners and directed the respondents to issue appointment orders to the petitioners within a period of four weeks from the date of receipt of a copy of the order in the existing vacancies or by creating super numerary posts if necessary, if the petitioners are more meritorious than the candidates appointed vide G.O.Rt.No.1207, dated 09.10.2013. The petitioners shall be eligible for all consequential benefits such as notional seniority from the date of appointment of the candidates who were less meritorious to the petitioners and such seniority shall also be counted for the purpose of retirement benefits. However, the petitioners shall not be entitled to back wages.
Final Decision: The writ petition was allowed, and the court directed the respondents to issue appointment orders to the petitioners within a period of four weeks from the date of receipt of a copy of the order in the existing vacancies or by creating super numerary posts if necessary, if the petitioners are more meritorious than the candidates appointed vide G.O.Rt.No.1207, dated 09.10.2013. The petitioners shall be eligible for all consequential benefits such as notional seniority from the date of appointment of the candidates who were less meritorious to the petitioners and such seniority shall also be counted for the purpose of retirement benefits. However, the petitioners shall not be entitled to back wages.
ORDER :
This Writ Petition has been filed seeking a writ of mandamus to declare the action of the respondents in not considering the case of the petitioners for appointment to the post of Multipurpose Health Assistants (MPHA) (Male), even though they secured more marks than the candidates who were reappointed vide G.O.Rt.No.1207, dated 09.10.2013 in spite of orders of this Court in WVMP.No.2120 of 2015 in W.P.No.3178 of 2014, dated 15.09.2015 and rejecting the case of the petitioner vide proceedings RC.No.E2/3694/2020, dated 25.06.2021, issued by the 1st respondent, as illegal, arbitrary and discriminatory and consequently, to set aside the impugned order and direct the respondents to appoint the petitioners to the post of MPHA’s (M) as per their merit, strictly by implementing the orders of this Court dated 15.09.2015 in WVMP.No.2120 of 2015 in W.P.No.3178 of 2014, as was done in respect of similarly placed persons, with all service and monetary benefits and to pass any such order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.
2. The brief facts leading to the filing of the present writ petition are that initially G.O.Ms.No.273, HM & FM, dated 24.04.1989 was issued prescribing the qualifications for the post of MPHA’s (M) as under :
(i) Must have passed intermediate or any other equallent qualification.
(ii) Must possess a Sanitary Inspector Training Course Certificate awarded by the Chairman of the Board of Examiners, constituted by the State Government, or
(iii) Must possess a certificate of Multipurpose Health Workers Training Course, conducted by the State Government.
(iv) Must have physical Fitness for camp life.
Subsequently, vide G.O.Ms.No.352 HM&FW dated 01.08.1992 and G.O.Ms.No.111 HM&FW dated 12.04.2002, the educational qualification was modified as SSC along with Sanitary Inspector Training Course or Multipurpose Health Workers Training Course.
3. While the matters stood thus, the Government had issued a notification on 20.07.2002 for recruitment of Paramedical Posts including MPHA’s (M) with prescribed qualifications of SSC + Multipurpose Health Workers Training Course. On 11.08.2002 a written test was conducted and all the petitioners herein have secured qualifying marks. In the meantime, some of the candidates filed the O.A.No.6856 of 2002 and batch before the Andhra Pradesh Administrative Tribunal (APAT) challenging the prescription of SSC qualification contrary to the earlier prescribed qualification of intermediate. The APAT dismissed the O.As., and challenging the same, W.P.No.15107 of 2002 and also W.P.No.422 of 2003 and others were filed before the Andhra Pradesh High Court. The Andhra Pradesh High Court passed an interim order dated 24.04.2003, to consider intermediate along with Sanitary Inspector training course certificate or Multipurpose Health workers training course certificate as the necessary qualification and accordingly, the candidates were directed to be appointed. In view thereof, G.O.Ms.No.159 HM&FW, dated 16.05.2003 was issued to appoint the candidates who have passed diploma in public health and sanitation and also possessed the intermediate qualification and the finalized selection list was issued on the basis of G.O.Ms.No.159.
4. Similar Writ Petitions were filed by some other candidates, wherein the G.O.Ms.No.484 HM&FW dated 24.12.2002 being the orders of the Government cancelling the selection process on the basis of complaints on the issue of bogus certificates, were challenged. The W.P.No.15107 of 2002 and also W.P.No.422 of 2003 were disposed of by this Court vide orders dated 11.09.2003, upholding the order of APAT and directing the Government to prepare the select list of the candidates in accordance with rules, who possessed SSC and diploma certificate either from the Government institutions or from the four private institutions referred to therein including the college of medical technology, Ongole, as the cancellation of recognition of the said
Candidates with higher merit cannot be discriminated against on procedural grounds, emphasizing that merit should dictate appointments as per Articles 14 and 16 of the Constitution.
Entitlement to regular appointment and notional promotion based on irregularities in the appointment process and subsequent temporary appointment. Modification of order regarding arrears of salaries ....
Appointment – Orders of Court cannot be allowed to operate at conflict with requirements of merit – Any eventuality leading to advantage of less meritorious candidates at the cost of meritorious one ....
The court affirmed that appointment claims require direct engagement in the selection process, emphasizing no valid grievances from unlisted candidates based on prior judicial findings.
Candidates must adhere to procedural timelines to seek judicial relief; failure to do so results in forfeiture of rights to claim benefits from subsequent legal decisions.
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