APHC010017322026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3208]

(Special Original Jurisdiction)

TUESDAY,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 1455/2026 Between:

1. M /S KATHI GOPINADH, S/O CH VENKATESWARLU, AGED 30 YEARS, OCCU UN EMPLOYEE R/O D.NO.4-441/1, RAMAKRISHAN PURAM, NANDIGAMA SATTENAPALLI MANDAL, PAINDU DISTRICT - 522403 MOBILE NO 8886364991 ...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT - 522238.

2. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, GRAMA SACHIVALAYAM AND WARD SACHIVALAYAM DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT - 522238.

3. T HE COMMISSIONER OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, GOVERNMENT OF ANDHRA PRADESH, PVS ICON/EMPIRE BUILDING, TADEPALLI, GUNTUR DISTRICT -

522501.

4. T HE COMMISSIONER OF GRAMA SACHIVALAYAM AND WARD SACHIVALAYAM DEPARTMENT, PLOT NO. 11 AND 12, BACKSIDE OF BSNL TELEPHONE EXCHANGE, NEAR APIIC COLONY, AUTONAGAR, VIJAYAWADA - 520007.

5. T HE COMMISSIONER OF HORTICULTURE, GOVERNMENT OF ANDHRA PRADESH, TTPC BUILDINGS, 1ST FLOOR, OLD MARKET YARD, CHUTTUGUNTA, GUNTUR DISTRICT - 522004.

6. T HE DISTRICT SELECTION COMMITTEE, REP. BY ITS CHAIRMAN/DISTRICT COLLECTOR, ANTHAPURAM DISTRICT -

531024.

...RESPONDENT(S):

This Court made the following ORDER:

1. This Writ Petition is filed under Article 226 of the Constitution of India by the Petitioners for the following relief:

to issue a Writ of Mandamus declaring (a) the action of the respondents in excluding B.Sc. (BZC) / B.Sc. (Horticulture subject) qualification from Notification No. 01/Horti/2019 dated 26.07.2019 as illegal and arbitrary (b) the retrospective application of G.O.Ms.No.64 dated 19.06.2020 as unconstitutional and (c) consequently direct the respondents to consider the petitioner for selection to the post of Village Horticulture Assistant based and to pass such other order or orders may deem fit and proper in the circumstances of the case and interest of Justice and to pass

2. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents.

3. The writ petition is filed aggrieved by the illegal and arbitrary action of the respondents in excluding the qualifications of B.Sc. (BZC) / B.Sc. (with Horticulture as a subject) from Notification No. 01/Horti/2019, dated

26.07.2019.

4. The case of the petitioner is that he possesses B.Sc. (Botany, Zoology and Chemistry – BZC) qualification and applied for the post of Village Horticulture Assistant pursuant to Notification No. 01/Horti/2019 dated 26.07.2019. He appeared for the written examination held on 04.09.2019, qualified on merit, and was called for certificate verification by the District Collector, Ananthapuram, and the Chairman (DSC). However, his candidature was rejected solely on the ground that he was not an in- service candidate. The petitioner submits that, pursuant to G.O.Ms.No.110, PR & RD Department dated 19.07.2019, the Government sanctioned posts for Village Secretariats, including 4,000 posts for Horticulture, granting a one-time relaxation for recruitment prior to framing/amendment of service rules. Though B.Sc. (BZC) was initially included in the notification and later restricted only to in-service candidates, the petitioner, possessing the said qualification, applied with a legitimate expectation and progressed up to the final stage of selection. It is further submitted that the petitioner’s candidature was rejected solely on the ground that he was not working on contract basis in the Horticulture Department as on the date of notification, despite having secured merit in the written examination. In the same recruitment process, a substantial number of posts remained vacant due to non-availability of eligible candidates. Subsequently, fresh notifications and corrigenda were iss