APHC010650432023 IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-21 [3552]

AT AMARAVATI WRIT PETITION NO: 271 of 2024 Bethapudi Ravi Prakash ...Petitioner Vs.

The Hon’ble Lokayukta of Andhra Pradesh and others ...Respondents **********

Advocate for Petitioner : Mr. Narasimha Rao Gudiseva representing Ms Marupilli Sarada Advocate(s) for Respondent(s) : GP for Services IV, Mr. Jupudi V K Yagnadutt CORAM : T HE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE CHALLA GUNARANJAN DATE : 16^th February, 2026 P C :

The present writ petition has been filed challenging the order, dated

17.10.2023, passed by the Office of the Lokayukta of Andhra Pradesh, whereby recommendations are made to the competent authority i.e., the District Coordinator of Hospital Services, Kurnool, and the Collector and District Magistrate, Kurnool, to consider the request of the complainant to appoint him to the post of Bio-Medical Engineer under roster point No.7 – SC -

Open Category.

2. The main point urged before us today is that the Lokayukta did not have any jurisdiction to entertain and issue directions as it has done in the instant case.

3. Briefly stated, the material facts are as under:

A notification was issued on 08.08.2022 inviting applications for appointment to various posts including the post of Bio-Medical Engineer on contract basis in Kurnool District.

Three candidates were short listed in the ratio of 1:3, who are as follows:

1. N. Kiran Kumar with 54.39 marks 2. B. Ravi Prakash with 46.50 marks

3. P. Rathna Kumar with 44.10 marks.

The counseling date was fixed on 30.08.2023, as per the stand of the official respondents, in the belief that the post had to be filled up before 31.08.2023. Accordingly, with a view to complete the selection process, according to the stand of the official respondents, N. Kiran Kumar, the complainant, who was otherwise at the top of the merit list, was sought to be approached through phone bearing Nos.8019959591 and 7799030377 but could not be communicated the date of counseling which had been fixed on

30.08.2023.

It is in that context that the petitioner, B. Ravi Prakash, who stood at Sl.No.2, came to be appointed with the approval of the District Collector & Magistrate and the order of appointment came to be issued on 30.08.2023 appointing the petitioner as Bio-Medical Engineer on contract basis for a period of one year. This period has been extended from time to time.

4. It is in the backdrop of the aforementioned facts that the complainant, who otherwise stood at Sl.No.1 in the merit list, approached the Lokayukta at Kurnool with a complaint that despite being more meritorious the said complainant had been ignored for consideration for appointment.

5. Before the Lokayukta, the stand of the District Coordinator of Hospital Services, Kurnool, was that the complainant had not responded to the phone call from the office of the District Coordinator of Hospital Services and as such since he failed to attend the counseling session, appointment was given to the next candidate in the merit list.

6. The Lokayukta in those circumstances was of the opinion that it was obligatory on the part of the District Coordinator of Hospital Services to take alternative methods to contact the complainant, who stood at Sl.No.1 in the merit list, by sending an official letter, e-mail or SMS and that the use of a single communication channel was not desired especially when the post to be filled up was an important one.

7. It is in that backdrop that the Lokayukta in the relevant paragraph of its order observed as under:

“In light of these circumstances, it can be concluded that the denial of employment to the meritorious candidate under the Scheduled Caste roster point was not justified on the part of the District Coordinator of Hospital Services, Kurnool and the same is against to the principles of natural justice. Therefore, it is necessary to the authorities to rectify the injustice caused to the complainant in adopting phone call communication especially