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2026 Supreme(Online)(AP) 1959
HIGH COURT OF ANDHRA PRADESH
V Sujatha, J
L Abudu Bariki Venkata Rao – Appellant
Versus
The State of Andhra Pradesh – Respondent
Writ Petition No: 1246/2023
For the Appellants/Petitioners: T D Phani Kumar
For the Respondents: GP for Civil Supplies, M Sri Devi
The court directed the government to fill the vacant ST category position in the Andhra Pradesh State Food Commission, emphasizing eligibility without gender restriction under the National Food Security Act, 2013.
Headnote:This judgement revolves around a writ petition filed under Article 226 of the Constitution of India, wherein the petitioners contested the rejection of their applications for reappointment as members of the Andhra Pradesh State Food Commission. The court examined the legality of the government's action under the National Food Security Act, 2013, particularly sections concerning appointment eligibility and representation of SC/ST members. The court directed issuance of a fresh notification for filling the vacant ST category post without gender restriction and permitted the petitioners to apply for consideration. The petition was disposed of without costs.
| Table of Content |
|---|
| 1. petitioners filed for reappointment to the state food commission. (Para 1 , 2 , 3 , 4 , 6) |
| 2. government's actions and justifications for appointing new members. (Para 5 , 7 , 8 , 9) |
| 3. court evaluated eligibility norms and compliance with representations. (Para 10 , 11 , 12 , 18) |
| 4. court's directive for filling vacant posts without gender restrictions. (Para 13 , 14 , 15 , 19) |
| 5. final order and disposal of the writ petition. (Para 16 , 17 , 20 , 21) |
ORDER:
This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer:
"…to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the Orders vide Letter No. FCS 01-FCCS 0 CSS/69/2022- CS, Dt.12-10-2022, issued by the Respondent No.2 rejecting the candidature of the petitioners to Re-appoint them as a members of the Andhra Pradesh State Food Commission under Sec 16(3) (b) and (4) of the National Food Security Act , 2013 as illegal, arbitrary and violation of Art.14 of the Constitutional of India and consequently direct the Respondent no-2 re-appoint the Petitioners as the SC/ST members of the Andhra Pradesh State Food Commission and pass such…‖
2. The Government of Andhra Pradesh, vide G.O.Ms.No.6, Consumer Affairs, Food and Civil Supplies (CS-I), department dated 12.04.2017, constituted the State Food Commission for implication of National Food Security Act , 2013. As per Section 16 (2) of the , 2013, the State Food Commission shall consist of a Chairman, Five other members and a Member Secretary, who shall be an officer of the State Government not below the rank of Joint Secretary. Amongst the abovementioned posts, one person each belonging to the scheduled caste and scheduled tribe must be appointed, whether it be the Chair Person, member or member secretary. Further, the term of Chairman and other members shall not exceed five years from the date they assume office and shall be eligible for re-appointment till such candidate attains the age of 65 years.
3. The 1st petitioner belongs to scheduled tribe community and the 2nd petitioner belongs to the scheduled caste community. As the petitioners possess requisite qualifications, they were selected as members of the State Food Commission vide G.O.Ms.No.11, Consumer Affairs, Food and Civil Supplies (CS-I) department dated 19.07.2017. Ever since, the petitioners are said to have rendered their duties as members of the State Food Commission without any remark, till the completion of their tenure i.e. 06.08.2022. On 24.06.2022, the 2nd respondent issued advertisement inviting applications for appointment of five members to the Andhra Pradesh State Food Commission. As the petitioners, who have already performed their duties as members are eligible for reappointment as per Section 16 (4) of the National Food Security Act , 2013, have submitted their applications on 11.07.2022.
4. Subsequently, the 2nd respondent, without considering the applications submitted by the petitioners, vide G.O.Rt.No.41, Consumer Affairs, Food and Civil Supplies (CS-I) department, dated 02.08.2022 ordered to relieve the five members of the Andhra Pradesh State Food Commission with effect from 06.08.2022, including the petitioners herein. The said order was challenged by the petitioners before this Court in W.P.No.24551 of 2022, which was disposed of on 12.08.2022, by directing the 2nd respondent to consider the applications of the petitioners dated 11.07.2022, in accordance with law.
5. Thereafter, the 2nd respondent, vide G.O.Ms.No.25, Consumer Affairs, Food and Civil Supplies (CS-I), department, dated 07.10.2022 appointed three individual members, out of whom two belong to open category and one belongs to backward community, without considering the applications of the petitioners as per Section 16 (4) of the National Food Security Act , 2013. As such, the petitioners were constrained to file a contempt case (C.C.No.4204 of 2022) before this Court in W.
