APHC010581862025 [3552]

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 29939 of 2025 P Hema Sai Keerthi ...Petitioner Vs.

The State of Andhra Pradesh and Others ...Respondent(s)

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Advocate for Petitioner: Mr.P NAGENDRA REDDY Advocate(s) for Respondent(s): GP FOR MED HEALTH AND FAMILY WELFARE, Smt.Tata Venkata Sridevi,Standing Counsel for Dr.NTR University of Health Sciences CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE CHALLA GUNARANJAN DATE : 2nd December 2025 ORDER: (per Hon’ble Sri Justice Challa Gunaranjan)

Present writ petition is filed questioning the inaction of 3^rd respondent in issuing certificate of experience of three years of rural service as Civil Assistant Surgeon for the purpose of considering her candidature for admission to post-graduate medical courses under the in-service candidate quota in pursuance to NEET-PG-2025 counselling for the academic year 2025-26, to be illegal, arbitrary, discriminatory and unconstitutional, and consequently, sought direction for issuance of such certificate enabling her to participate in the ongoing counselling.

2. Petitioner claims to be working as Civil Assistant Surgeon (“C.A.S.”) under the administrative control of 3^rd respondent since 30.03.2022. She initially claims to have been appointed as C.A.S. at Primary Health Centre, Chagalamarry, by proceedings, dated 30.03.2022, issued by 3^rd respondent and accordingly, rendered service from 30.03.2022 till 09.10.2022. Later, she has been selected and got appointed as C.A.S. on regular basis in pursuance to the Notification, dated 23.07.2022, and got posted at K.M.C., Kurnool, by proceedings, dated 08.10.2022, and continued to work there. Her services came to be regularized with effect from 10.10.2022. She claims to have qualified in the NEET-PG- 2025 examination and became eligible to claim for admission to post-graduate medical courses under the in-service candidate quota. In pursuance to the notification issued by the 4^th respondent, in particular, as envisaged under Clause 4.2(iii), candidate claiming admission under in-service quota should possess service of three years or more in rural area as on the date of NEET PG Examination notification i.e., 16.04.2025. Petitioner claims that in aforesaid two spells of service, she had put in service of three years and 17 days, therefore, clearly, satisfied the eligibility criterion. Petitioner has made request through proper channel to 3^rd respondent for issuing certificate of service experience for the purpose of participating in the admission process. As the same was not being considered, she preferred the present writ petition.

3. This Court, on 30.10.2025, passed interim orders directing the respondents to reserve one seat, considering the last date of making application.

4. The 4^th respondent has filed I.A.No.2 of 2025 seeking to vacate aforesaid interim order. Along with vacate petition, detailed counter- affidavit has been filed, inter alia, stating that the competent authority i.e., 3^rd respondent, by speaking order, dated 30.10.2025, has rejected the case of petitioner, as she had only two years and six months of rural service, falling short of the prescribed minimum service requirement to claim admission under in-service quota. It is also stated that inasmuch as the competent authority has rejected the case of the petitioner, the 4^th respondent cannot consider the case of petitioner for admission under in-service quota.

5. Heard learned counsel for the petitioner and learned Government Pleader for Medical, Health and Family Welfare appearing for respondents 1 to 3 and 5; and Smt.T.V.Sridevi, learned Standing Counsel for Dr.N.T.R. University of Health Sciences, appearing for 4^th respondent.

6. Learned counsel for petitioner contended that inasmuch as petitioner has rendered service as C.A.S., in two spells i.e., from 30.03.2022 to 09.10.2022 and from 10.10.2022 till the date of the notification i.e,, 16.04.2025, the entire of the service rendere