Andhra Pradesh High Court - Amravati
Duda Padmaja Usha Rani, vs The State Of Andhra Pradesh on 16 April, 2021
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION) BEE
FRIDAY, THE SIXTEENTH DAY OF APRIL, TWO THOUSAND AND TWENTY ONE
:PRESENT:
iy THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION No. 8479 of 2021
Between:
Duda Padmaraju Usha Rani, D/o. Babu Rao. a
....Petitioner.
AND
1.The State of Andhra Pradesh, rep. by its Principal Secretary,
Higher Education Department, A.P. Secretariat Office, Velagapudi,
Amaravati, Guntur District, Andhra Pradesh.
2.The Chairman, Andhra Pradesh Public Service Commission, Second Floor,
New HOD's Buildings, MG Road, Vijayawada, Andhra Pradesh.
3.The Secretary, Andhra Pradesh Public Service Commission, Second Floor,
New HOD's Buildings, MG Road, Vijayawada, Andhra Pradesh.
4.The Chairman, AP State Higher Education Commission, Tadepalli,
Guntur District, Andhra Pradesh.
....Respondents
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 particularly, one in the nature of Writ of
Mandamus, declaring the action of the respondents, in not allowing the petitioner to
participate in an oral interview for the post of Lecturer in Government Degree College
issued vide its notification NO.26/2018 dated 31.12.2018 despite of being processed
requisite qualification as per PERQA 3 of notification as on the date of making
application is illegal arbitrary and violation of principles of natural justice and also
violative of articles 14, 16, 19, 21 & 300A of the Constitution of India and
consequently direct the respondents to permit the petitioner to participate in the
interview process scheduled herein as observed by the Hon'ble High Court of Andhra
Pradesh and Hon'ble Apex Court in the case of N SATHYABALAJI RAO V/S. ANDHRA
PRADESH COLLEGE SERVCIE COMMISSION, HYDERABAD citation : 2002 LAwSuit (AP)
1473 REKHA CHATURVEDI V/S UNIVERSITY. OF RAJASTHAN Citage : 1993 Law Suit (SC)
43.
1.A.No. 1 of 2021 :-
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of W.P., the High Court may be pleased to direct the
respondents to keep reserve one post of each category of Government Degree
Lecturer, (Computer Science), Government Degree Lecturer, (Computer Application)
in respect of notification No. 26/2018 dated 31.12.2018, pending disposal of W.P.No.
8479 of 2021, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and upon hearing the arguments of Sri Jada Sravan
Kumar, Advocate for the Petitioners, and of the Govt. Pleader for Higher Education on
behalf of respondent No.1 and of Sri Addanki Sriramachandra Murthy, Standing
Counsel for respondent Nos.2 and 3, and the Court made the following
Contd..2...
ORDER :-
Sri Addanki Sriramachandra Murthy, learned standing counsel appearing for
APPSC, takes notice on behalf of respondents 2 and 3 and seeks time to get
instructions by 20.04.2021.
Case of the petitioner is that, she appeared for the examinations held for
the post of Government Degree College Lecturers in Computer Science and also in
Computer Applications, conducted by the 3 respondent pursuant to the
Notification No.26/2018 dated 31.12.2018 and the last date for submission of the
applications is 26.02.2019; petitioner qualified for the interview for the said two
subjects and accordingly, two call letters were issued by APPSC vide Memo dated
01.02.2021; according to the notification, a candidate should possess requisite
qualification and experience as on the date of notification; admittedly petitioner
does not have said qualification as on the date of notification, but at the time
forwarding the said applications i.e., on 18.02.2019, she acquired the said
qualification; but the respondent-authorities rejected the candidature of the
petitioner for interview and they are going to announce the results of the
interview by 19.04.2021. Hence, the matter is moved by way of LUNCH MOTION.
. Sri Addanki Sriramachandra Murthy, learned standing counsel appearing for
APPSC submits that as per the notification, the candidate should possess the
requisite qualification as on the date of notification and that the writ petition is
not maintainable for non joinder of necessary parties i.e., the candidates who
were called for interview, by relying upon the judgment of 'the Hon'ble Supreme
Court in 'Public Service Commission, Uttaranchal vs. Mamta Bisht''.
Learned counsel for the petitioner relying upon the judgment of the Division
Bench of this Court in 'N.Sathya Balaji Rao vs. AP College Service Commission','
submits that in the said judgment, the Division Bench of this Court relied on three
decisions of the Hon'ble Supreme Court, wherein it was held that 'a candidate
applying for a particular post should necessarily possess the qualification as on the
date of making the application.' He further submits that the last date for
submission of the applications is 26.02.2021 and as on the date of making
application i.e., 18.02.2019, petitioner has got requisite qualification and hence,
she is entitled to participate in the interview.
Learned standing counsel seeks time to get instructions in the matter.
List the matter on 20.04.2021 under the caption 'FOR ORDERS'.
In the meanwhile, the respondents are directed to reserve one post of
Government Degree College Lecturer in Computer Science and one post in
Government Degree College Lecturer in Computer Applications with regard to
Notification No.26/2018 dated 31.12.2018."
Sd/-E.KameswaraRao'
ASSIS .
/ TRUE COPY// TANT REGISTRAR
_ SECTION OFFIGER
"TOT AOS aA eee
Contd.....3....
' AIR 2010 SC 2613
* 2003 (2) ALT 187 (DB)
3
To
1.The Principal Secretary, Higher Education Department,
State of Andhra Pradesh, A.P. Secretariat Office, Velagapudi,
Amaravati, Guntur District, Andhra Pradesh.
2.The Chairman, Andhra Pradesh Public Service Commission, Second Floor,
New HOD's Buildings, MG Road, Vijayawada, Andhra Pradesh.
3.The Secretary, Andhra Pradesh Public Service Commission, Second Floor,
New HOD's Buildings, MG Road, Vijayawada, Andhra Pradesh.
4.The Chairman, AP State Higher Education Commission, Tadepalli,
Guntur District, Andhra Pradesh.
(Addressee Nos. 1to4byRPAD) |
9.Two CCs to the G.P for Higher Education, High Court of A.P.,
at Amaravati(OUT)
6.One CC to Sri Jada Sravan Kumar, Advocate(OPUC)
7.One CC to Sri Addanki Sriramachandra Murthy, Standing Counsel(OPUCO
8.One spare copy.
TKK
HIGH COURT
KVL.J
DT.16-04-2021.
ORDER
W.P.No. 8479 of 2021
DIRECTION
Oh,
AGAPR 2021 &
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