V K Jaya Kumar vs The State Of Andhra Pradesh
2021 Latest Caselaw 5135 AP

            HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
                   MAIN CASE No: W.P.No.25101 of 2021

                             PROCEEDING SHEET
Sl.                                                                        OFFICE
        DATE                             ORDER
No                                                                    NOTE.
                                                                     Transfe
6     10.12.2021 NJS, J                                              rred to
                                                                     io
                                   I.A.No.3 of 2021                  folder
                                                                     before
                        The grievance of the petitioner in the writ
                                                                     correcti
                 petition is that the respondents are filling up the ons.

B/o.

vacancies of Head master on seniority-cum-merit and without following the rule of reservation, where the number of posts are more than seven and that the same is illegal. The learned counsel submits that the respondents have to adhere to the roster points to fill up the posts as per the rule of reservation and relies on a judgment of the Hon'ble Supreme Court in R.K.Sabharwal v. State of Punjab reported in (1995) 2 SCC 745 and submits that the prescribed percentage cannot be varied or changed simply because on the earlier occasion members of reserved class have already been appointed/promoted against the general post. He further submits that the respondents have now issued a notification for promotion counseling and in the event vacancies are filled up, the petitioner will be deprived of his promotion chances.

The learned counsel also placed on record that the proceedings of the Regional Director-cum- Appellate Commissioner, dated 31.10.2021 wherein the promotions in respect of Head Masters/Head Mistress in Eluru Municipal Corporation are directed to lie over until outcome of orders in C.C.No.524 of 2021 filed by the petitioner herein.

Be that as it may. It appears that the petitioner has not filed any objections to the Notification dated 02.12.2021 filed along with

I.A.No.3 of 2021. In such circumstances, this Court is not inclined to grant any positive direction as prayed for. However, the promotions if any, effected pursuant to Notification dated 02.12.2021 shall be subject to further orders.

List this matter after three (3) weeks. In the meanwhile, counter-affidavits of the respective respondents may be filed.

______ NJS, J BLV