ORDER:

The present writ petition is filed under Article 226 of the Constitution of India for the following relief(s):

“…to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the supplementary notification issued in para No.1.13 treating the carried forward vacancies as zonal post is illegal, arbitrary and violation of special rules under Rule 11 and Judgment of the Hon’ble Division Bench in W.P.No.31396 of 2016 and pass such other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” (in verbatim)

2. Heard learned counsel for the petitioner, learned Government Pleader for Services-IV appearing for respondent Nos.2 & 3 and learned standing counsel for Andhra Pradesh Public Service Commission (APPSC) appearing for the 1st respondent.

3. Learned counsel for the petitioner would submit that the petitioner completed graduation in Ayurveda i.e., BAMS from Dr. NTR Health University and Dr. Benarus Governemnt Ayurvedic Medical College, Vijayawada, in the year 2018 and the petitioner is eligible and qualified to be considered for appointment to the post of Medical Officer (Ayurveda) in Ayush Department.

(a). Learned counsel would submit that service conditions for appointment to the posts of Aayush Department is governed by Andhra Pradesh Ayurvedic Medical Service Rules, 2005, (for short, “Rules, 2005”), issued G.O.Ms.No.67, dated 14.03.2005 and Rule 11 of the Special Rules specifically prescribed that unit of appointment as entire state.

(b). Learned counsel would further submit that the issue relating to unit of appointment and application of Presidential Order for the post of Medical Officer/Lecturer was thoroughly considered by the Unified High Court and the Division Bench in W.P.No.31936 of 2016, categorically held that the intention of the State Government to treat the post of Medical Officer/Lecturer as Zonal Post, covered by Presidential Order, was contrary to the correct understanding of Law. The Division Bench also held that it has to be treated as State wide post only and hence, the post shall be treated as Sate wide post outside the purview of the Presidential Order.

(c). Learned counsel would submit that in spite of the above legal position, the 1st respondent has issued Notification No.8 of 2021, dated 24.09.2021, seeking to fill up the post of Medical Officer, Ayurvedic in Aayush Deparment as Zonal Post. In view of the inaction of the 1st respondent, W.P.No.22376 of 2021 was filed before this Court. Subsequently, the 1st respondent issued Notification No.16 of 2022, dated 26.09.2022, seeking to alter the Notification No.8 of 2021, dated 24.09.2021, for the post of Medical Officer, Ayurvedic in Aayush Department. Learned counsel would submit that in Para.No.1.13, a separate and curious classification was made by the 1st respondent and two types of methods have sought to be made applicable for the post of Medical Officer, Ayurvedic, i.e., for carried forward vacancies and for fresh vacancies.

(d). Learned counsel would submit that the petitioner is a Schedule Tribe person and the petitioner had noticed that different methods have sought to be made applicable for recruitment to the same post and the justification sought to be made in the note is wholly irrelevant and illegal as against the law laid down by the Division Bench of this Court in W.P.No.31936 of 2016.

(e). Hence, the writ petition, to declare the Para.No.1.13 of the supplementary Notification No.16 of 2022, dated 26.09.2022, as illegal, arbitrary, violation of Articles 14, 16 & 21 of the Constitution of India and against the law laid down by the Division Bench of this Court in W.P.No.31396 of 2016.

4. On the other hand, learned standing counsel appearing for the 1st respondent would submit that this Central wise bifurcation is only for the evidence to make known that the posts are available in Central wise, but casually, the 1st respondent ascertained the note at the bottom of the bifurc