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2026 Supreme(Online)(AP) 20471

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Harinath.N, J
Dr V BALAKRISHNA – Appellant
Versus
State of Andhra Pradesh – Respondent
WRIT PETITION NO: 23502/2025



Advocates:
For the Appellants/Petitioners: Mojjada Hari Krishna
For the Respondents: GP for Services I, GP for Services II

When government orders explicitly declare specific posts as state-wide for recruitment and transfer, the administration cannot restrict candidates based on zonal jurisdictions to deny them appointment or promotion.

Headnote:The petitioner, a Medical Officer, sought a writ of mandamus to be appointed as Assistant Professor in Kayachikitsa Specialty, citing a vacancy reserved for ST (Woman) and the applicability of G.O.Ms.No.2, dated 09.01.2004, which allows ST (Male) candidates to fill such vacancies if no ST (Woman) is available. The petitioner further relied on G.O.Rt.No.467, dated 14.06.2022, asserting that the posts are state-wide rather than zonal. The primary issue was whether the petitioner could be considered for a teaching post reserved for ST (Woman) and whether the post was zonal or state-wide. The court reasoned that since G.O.Rt.No.467 explicitly declared the posts of Medical Officer and Lecturer as state-wide for recruitment and transfer, the respondents' stand that the petitioner cannot be considered for vacancies in other zones "does not withstand the scrutiny of law." the respondents shall have to pass appropriate orders within a period of six (6) weeks from the date of receipt of a copy of this order.

Table of Content
1. petitioner seeks appointment based on reservation norms for st candidates and the state-wide status of the post. (Para 1 , 2 , 3)
2. respondents contend that the post is a teaching cadre and subject to zonal restrictions. (Para 4)
3. the court rejects zonal restrictions in light of government orders declaring the posts as state-wide. (Para 7 , 8 , 9)
4. direction to the respondents to consider the petitioner for the vacancy within a specified timeframe. (Para 10)

(Special Original Jurisdiction)

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 Respondents in not following the Roster Norms in vogue and filling the vacancy arose for the post of Assistant Professor - in Kayachikitsa Specialty, reserved for ST (W), with the employee of other caste during the panel year 2012-13 in violation of the Reservation Norms applicable thereto, and not correcting such unwarranted placement, thereby denying opportunity of my career prospects, despite my repeated requests and reminders from time to time since 2013, as illegal, irregular, irrational, violative of principles of natural justice, contrary to the Rule of Roster and settled principles of Service Jurisprudence and offends Articles 14 and 21 of Constitution of India, apart from pervert and misleading interpretation of the guidelines in place as to the Reservation Criteria and carry forward of vacancies and consequently direct the respondents to post me as Asst. Professor, UG, Kayachikitsa Department of any Ayurveda Medical College, with attendant monetary as well as other benefits from the date of filling the said vacancy in violation of Rule of Roster and pass such

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 may be pleased to direct the respondents to post me as Asst. Professor, UG, Kayachikitsa Department of any Ayurveda Medical College, with attendant monetary as well as other benefits from the date of filling the said vacancy in violation of Rule of Roster, pending disposal of the main writ petition and pass such

IA NO: 2 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 leased to receive Reply Affidavit on record by allowing the Leave Petition in the above Writ Petition and pass

The Court made the following:

ORDER:-

1. The petitioner is presently working as Medical Officer at Government Ayurvedic Dispensary, Guntur District. It is submitted that the petitioner is aggrieved by the inaction on the part of the respondents in posting the petitioner as Assistant Professor, undergraduate Kayachikitsa Department of Ayurvedic Medical College with the service benefits from the date of the vacancy. It is further submitted that the petitioner has submitted a representation for converting his post from non-teaching post to that of a teaching post which is also not considered by the respondents.

2. It is also submitted that the petitioner submitted a representation to appoint the petitioner as a lecturer at the existing vacancy in Government Ayurvedic Colleges in Andhra Pradesh in pursuance of the memo issued by the Government on 23.04.2013. The representation of the petitioner was referred to the 2nd respondent, however, no orders have been passed ever since submission of the representation of the petitioner. It is submitted that the post of lecturer Kayachikitsa is available and reserved for Scheduled Tribe (Woman) and as per the G.O.Ms.No.2, dated 09.01.2004, when the ST (Woman) vacancy is unfilled, for want of the candidate the same shall be filled up by a Scheduled Tribe (Male) candidate. It is further submitted

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