APHC010410462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3208]

(Special Original Jurisdiction)

MONDAY,THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 21343/2025 Between:

1. K .VENKATA LAKSHMI,, W/O.LATE V.SATYANARAYANA, AGE

58 YEARS, WORKING AS DEPUTY EXECUTIVE ENGINEER, MUNICIPAL CORPORATION, RAJAMUNDRY,EAST GODAVARI DIST.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT PUBLIC HEALTH AND MUNICIPAL ENGINEERING DEPARTMENT A.P.SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2. T HE ENGINEERINCHIEF, , (PH) GOVERNMENT OF ANDHRA PRADESH TADEPAILI, GUNTUR DIST.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not considering the case of the petitioner for notional promotion and seniority on par with the junior w.e.f. 04.5.2017 in the post of Deputy Executive Engineer in spite of validating Civil Engineering Degree obtained by the Petitioner in Special Qualifying Test conducted by the AlCTE-UGC as per the orders of Supreme Court of India reported in 2018 (1) SCC 468 as illegal, arbitrary and violation of Article 14, 16 and 21of Constitution of India and consequentially declare that the Petitioner is entitled for notional Seniority and promotion to the post of Deputy Executive Engineer w.e.f. 4.5.2017 and further promotions with ail consequential attendant benefits in the interest of justice IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue interim direction directing the respondents to forthwith consider and dispose the representations filed by the petitioner dt.30.7.2021, 26.11.2021, 11.2.2022 and recent one 29.8.2023 for granting notional promotion and seniority on par with junior w.e.f. 4.5.2017 keeping in view of the orders of the Supreme Court reported in 2018 (2) SCC 468 validating the Degree Certificate issued by AlCTE-UGC pending disposal of the Writ Petition Counsel for the Petitioner:

1. P V RAMANA Counsel for the Respondent(S):

1. GP FOR SERVICES I The Court made the following:

ORDER:

The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief:

“to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declaring the action of the respondents in not considering the case of the petitioner for notional promotion and seniority on par with the junior w.e.f. 04.5.2017 in the post of Deputy Executive Engineer in spite of validating Civil Engineering Degree obtained by the Petitioner in Special Qualifying Test conducted by the AlCTE-UGC as per the orders of Supreme Court of India reported in 2018 (1) SCC 468 as illegal, arbitrary and violation of Article 14, 16 and 21of Constitution of India and consequentially declare that the Petitioner is entitled for notional Seniority and promotion to the post of Deputy Executive Engineer w.e.f. 4.5.2017 and further promotions with ail consequential attendant benefits in the interest of justice and pass….”

2. Heard Mr. P.V.Ramana, learned counsel for the petitioner and learned Government Pleader for Services-I appearing for respondents.

3. Initially, the petitioner has obtained a degree from Vinayaka Mission research foundation, Tamilnadu. The validity of the said certificate was considered by the Hon’ble Apex Court in the judgment in between Orissa Lift Irrigation Corporation Limited vs. Rabi Sankar Patro and others, (2018) 1 Supreme Court Cases 468 wherein the Court has considered the issue and directed the AICTE with the following directions.

58. AICTE is directed t