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HIGH COURT OF ANDHRA PRADESH
Nyapathy Vijay, J
M. Shiva Kumar – Appellant
Versus
State of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. promotion to 'mukhya archaka' must follow defined criteria. (Para 1 , 2 , 3 , 4) |
| 2. acceptance of relaxation powers is limited by conditions. (Para 15 , 16 , 17) |
| 3. writ petitions must weigh justice and legal duties. (Para 19) |
| 4. regulatory requirements must be practicable and just. (Para 20 , 24 , 25 , 30) |
| 5. dismissal of petition confirmed. (Para 32 , 33) |
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 und
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