Andhra Pradesh High Court - Amravati
Santhosha Bhashyam S.T.G, vs The State Of Andhra Pradesh, on 1 March, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.4480 OF 2021
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
endorsement vide Memo No.560/JL/2018, dated 04.02.2021 issued
by the 5th respondent rejecting the case of the petitioner even
though he is eligible as per recommendations of the Governmental
Level Committee headed by the respondents 1 to 4 is being illegal,
arbitrary, unreasonable, without jurisdiction, violative of Articles 14
and 16 of Constitution of India, contrary to Rules 2(19) of A.P.State
and Subordinate Service Rules and G.O.Ms.No.74, Youth,
Advancement, Tourism and Culture (Sports) Dept., dated 09.08.2012
and set aside the same and consequently direct the selection
committee i.e., respondents 1 to 5 herein to consider and select the
petitioner forthwith for the post of Junior Lecturer pursuant to the
notification No.22/2018 dated 28.12.2018 issued by the respondent
No.5 and pass....."
2. Though the petitioner made several allegations against the
respondents, during hearing, Sri Rambabu Koppineedi, 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 representation submitted by the petitioner on
10.2.2021 keeping in view G.O.Ms.No.74, Youth Advancement,
Tourism & Culture (Sports) Department, dated 9.8.2012.
3. Learned Government Pleader for Services-I appearing for
respondent Nos.1 to 3 and Sri Addanki Rama Chandra Murthy,
learned Standing Counsel appearing for respondent No.5, readily
agreed to dispose of the representation of the petitioner, dated
10.2.2021, if any, pending with the respondent authorities keeping
in view G.O.Ms.No.74, dated 9.8.2012.
4. In view of the submission of the learned Government Pleader
for Services-I 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 dispose of the
representation, dated 10.2.2021, submitted by the petitioner, I find
no other alternative except to issue such direction.
5. In the result, the Writ Petition is disposed of, directing the
respondents to dispose of the representation submitted by the
petitioner on 10.2.2021 strictly adhering to G.O.Ms.No.74, Youth
Advancement, Tourism & Culture (Sports) Department, dated
9.8.2012, within a period of four (4) weeks 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 : 1.3.2021
AMD
2019 (8) SCALE 544
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.4480 OF 2021
Date : 1.3.2021
AMD
