Fairness in administrative decisions mandates that eligibility criteria must be regularly upheld; impossibility of meeting requirements should excise strict adherence to those criteria.

ORDER:

1. The present Writ Petition is filed to declare the Proceedings issued by Respondent No.2 vide L.Dis.No.C1/13025(43)/61/2024 dated 16.01.2025 whereunder permission was accorded to promote Respondent No.4 as “Mukhya Archaka”, as illegal and arbitrary.

2. The Petitioner herein was initially appointed as “Paricharika” pursuant to the notification in Rc.No.A1/4133/2007 dated 02.06.2013 issued by Respondent No.3. Subsequently, the Petitioner had passed ‘Vara’ and ‘Pravara’ examinations in the years 2013 and 2019 respectively and was promoted as “Archaka” on 23.06.2021 along with other “Paricharikas”. The next promotion post available to the Petitioner is “Mukhya Archaka”.

3. The Rules governing the promotions were framed vide G.O.Ms.No.261, Revenue (Endowments-1), dated 20.05.2002 in exercise of power conferred under Section 35 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short“ t he Act 30 of 1987”) and were named as“Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Archakas and Other Office Holders and Servants Qualifications and Emoluments Rules, 2001 ” (for short“ the Rules, 2001 ”)

4. As per Rule 7 of the said Rules, the post of “Mukhya Archaka” is classified as Category-III and the Method of Recruitment is by promotion from Category-IV i.e. “Archaka” i.e. the post held by the Petitioner. The requirement for promotion to the post of “Mukhya Archaka” is that one need to have passed ‘Vara Agama’ examination conducted by the Endowments Department.

5. In the seniority list of “Archakas” issued on 09.01.2025 vide Proceedings No.A1/872/2020, the Petitioner was shown at Sl.No.8 with the status of ‘qualified’ since he had passed all the departmental tests required for further promotion. In the very same seniority list, the candidates at Sl.Nos.1 and 5 were shown as ‘not qualified’ as they did not pass requisite examination/departmental test as required for further promotion as “Mukhya Archaka”. On 11.01.2025, Respondent No.3 promoted the persons shown at Sl.Nos.2, 3, 4, 6 and 7 in the five (5) available vacancies of “Mukhya Archakas” and kept one post vacant. As the Petitioner was qualified in the ‘Agama’ examination, the Petitioner was expecting his case to be considered for further promotion.

6. As mentioned above, as the persons shown at Sl.Nos.1 and 5 in the seniority list were ineligible for appointment as they did not have requisite qualification, Respondent No.4 who stood at Sl.No.5 gave a representation on 11.11.2024 to Respondent No.2 seeking for promotion to the post of “Mukhya Archaka”. Consequently, on the instructions of Respondent No.2, Respondent No.3 submitted a report on 21.12.2024 stating that Respondent No.4 has not qualified in the departmental test i.e. ‘Vara’ examination and did not complete ‘45 years’ of age for further promotion as “Mukhya Archaka”.

7. The Petitioner also made a representation on 09.01.2025 for promotion as “Mukhya Archaka” in the 6^th vacancy. In spite of the said representation, Respondent No.2 issued instructions to Respondent No.3 vide L.Dis.No.C1/13025(43)/61/2024 dated 16.01.2025 stating that under the powers vested in him under Section 8 (1)(2) of the Act 30 of 1987 exempting Respondent No.4 from passing the departmental tests for promotion to the post of “Mukhya Archaka” subject to the condition that Respondent No.4 would secure required qualification within one year. Hence, the present Writ Petition is filed.

8. A Counter-Affidavit is filed by Respondent No.4 whereunder it is stated that pursuant to the impugned orders of promotion, Respondent