Citation : 2021 Latest Caselaw 683 AP
Judgement Date : 8 February, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.5131 OF 2020
ORDER:-
This writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:
"......pleased to issue a writ, order or direction more
particularly one in the nature of WRIT OF MANDAMUS declaring the
action on the part of Respondents in not qualifying the Petitioner for
recruitment of the post of Assistant Motor Vehicle Inspector as per notification No.11/2018 Dt.05.12.2018 issued by 2nd Respondent and also certificate of physical fitness issued by 3rd Respondent as illegal, irregular, irrational, arbitrary, without jurisdiction of law without any authority of law and violative of the provisions of said statute and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the Respondents to re-conduct Medical Test through Respondent No.3 and process the selection of the petitioner and to pass....."
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri V.Nageswara Rao, learned
counsel for the petitioner, requested this Court, without touching
the merits of the case, to issue a direction to respondent No.3 to
dispose of the representation submitted by the petitioner on
03.02.2020.
3. Learned Government Pleader for Transport appearing for
respondent No.1 and Sri N.Addanki Rama Chandra Murthy,
learned Standing Counsel appearing for respondent No.2, readily
agreed to dispose of the representation of the petitioner dated
03.02.2020, if any, pending with the respondent authorities
keeping in view G.O.Ms.No.147, Finance (HR-1, Plg.Policy)
Department, dated 06.08.2016.
4. In view of the submission of the learned Government Pleader
for Transport and the learned Standing Counsel, I need not decide
the truth or otherwise of the allegations made in the petition. This
Court is conscious that no such direction be issued, in view of the
judgment of the Apex Court in the case of The Government of
India v. P.Venkatesh1, wherein the Apex Court held that such
orders may make for a quick or easy disposal of cases in
overburdened adjudicatory institutions. But, they do no service to
the cause of justice. As the learned counsel for the petitioner
himself requested to issue a direction to respondent No.3 to
dispose of the representation, dated 03.02.2020, submitted by the
petitioner keeping in view G.O.Ms.No.147, Finance (HR-1,
Plg.Policy) Department, dated 06.08.2016, I find no other
alternative except to issue such direction.
5. In the result, the Writ Petition is disposed of, directing
respondent No.3 to dispose of the representation submitted by the
petitioner on 03.02.2020, keeping in view G.O.Ms.No.147, Finance
(HR-1, Plg.Policy) Department, dated 06.08.2016, within a period
of one month from today. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this Writ Petition
shall stand closed.
_________________________________________ JUSTICE M.SATYANARAYANA MURTHY Date : 8.2.2021 AMD
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.5131 OF 2020
Date : 08.02.2021
AMD
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