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
| 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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