Andhra Pradesh High Court - Amravati
S.Muneeswari Devi vs The State Of Ap, on 9 February, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.21946 OF 2020
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following releief:
"to issue Writ of Mandamus declaring the action of
the Respondent Nos. 2 and 3 in not considering the
petitioner's representation dated 29.06.2018 and
09.07.2018 respectively, requesting them to cancel
the appointing of the 5th respondent as Junior
Lecturer (Chemistry) in 4th respondent college
unanimously without following the procedure under
law even without calling the candidates for
conducting the interviews for the said post as wholly
arbitrary, illegal and without jurisdiction, void and
violative of the principles of natural justice and
affected the petitioner's rights guaranteed under
Articles 14 and 16 of the Constitution of India and
consequently direct the respondents 2 and 3 herein
to conduct the detailed enquiry on selection process
and re-notify the post and call for the fresh
application from the eligible candidates by
considering the petitioner representation dated
29.06.2018 and 09.07.2018 respectively by
cancelling the entire selection process of the post of
Junior Lecturer (Chemistry) in 4th respondent college
i.e. Dr. Pandra koteswaramma Govt. Aided College,
Kadapa"
Though the petitioner made several allegations against the
respondents, during hearing, learned counsel for the petitioner
requested this Court, without touching the merits of the case, to
issue a direction to the respondents to dispose of the representations
of the petitioner dated 29.06.2018 and 19.07.2018.
Heard Sri M. Solomon Raju, learned counsel for Respondent
No.4.
Learned Assistant Government Pleader for Education readily
agreed to dispose of the representations of the petitioner dated
29.06.2018 and 19.07.2018, if any pending with the authorities.
In view of the submission of the learned Assistant Government
Pleader for Education, I need not decide the truth or otherwise of the
MSM,J
WP_21946_2020
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 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 dispose of the
representations of the petitioner dated 29.06.2018 and 19.07.2018, I
find no other alternative except to issue such direction.
In the result, the writ petition is disposed of, directing the
respondents to dispose of the representations of the petitioner dated
29.06.2018 and 19.07.2018, strictly in accordance with law, within
four (04) weeks from today. No costs.
Consequently miscellaneous petitions pending, if any, shall
also stand closed.
_________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date:09.02.2021
SP
2019 (8) SCALE 544
