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P. Naresh vs The State Of Ap
2021 Latest Caselaw 4703 AP

Citation : 2021 Latest Caselaw 4703 AP
Judgement Date : 18 November, 2021

Andhra Pradesh High Court - Amravati
P. Naresh vs The State Of Ap on 18 November, 2021
      HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

            MAIN CASE No: W.P.No.25772 OF 2021

                     PROCEEDING SHEET

SL.     DATE                              ORDER                                 OFFICE
NO.                                                                              NOTE
03.   18.11.2021 NJS, J

                         Heard     the     learned   counsel        for   the
                 petitioners and learned Assistant Government
                 Pleader for Services-III.
                         The petitioners in the present Writ
                 Petition applied for the posts of Secondary
                 Grade Teacher (sports quota) and got selected
                 by virtue of their merit as sports persons. As
                 per the provisional merit list prepared in
                 respect of sports quota, the petitioners are
                 placed at Sl.Nos.1 to 4, 15 and 17 respectively.
                 It is the case of the petitioners that except the
                 sports quota, other vacancies were filled up.
                 On enquiries the petitioners state that it was
                 informed that due to pendency of the Court
                 case in W.A.No.302 of 2020 in W.P.No.9576 of
                 2019, the cases of the petitioners are not
                 taken up for consideration.
                         The learned counsel for the petitioners,
                 while drawing the attention of this Court to the
                 tentative merit list prepared by the District
                 Sports Authority, Srikakulam, submits that
                 the pendency of the Writ Appeal referred to
                 supra    would      not     come      in   the     way    of
                 consideration of cases of the petitioners and
                 further that, the said Writ Petition is with
                 reference    to     Vizianagaram           District,     but
                 whereas      the        petitioners        are     seeking
                 appointment for the posts in Srikakulam
                 District.   He     further      submits          that    the
                 respondents,       in     respect     of   one     of    the

candidates who applied under sports quota, SL. DATE ORDER OFFICE NO. NOTE issued orders of appointment in Guntur District vide proceedings Roc. No.55113/2018/A1, dated 17.06.2021, mentioning that the appointment is subject to outcome of final Judgment in W.A.No.302 of 2020 in W.P.No.9576 of 2019. He submits that the petitioners are entitled to appointment on similar lines.

Learned Assistant Government Pleader for Services-III, on the other hand, placed the instructions dated 14.11.2021 received from the District Educational Officer (FAC), Srikakulam.

On a reading of the same and perusing the references, more particularly, reference No.13, it would appear that a letter was addressed by the 3rd respondent on 28.1.2021 to the Director of School Education, Amaravathi, enclosing a final seniority list of 30 members and a copy of the same was also submitted to the Vice Chairman and Managing Director, SAAP, Vijayawada, for preparing final merit list through mail. So far, it appears that, the final merit list was not received from the SAAP to take up the recruitment of sports persons.

It is to be noted that the recruitment relates to the Notification issued way back in the year 2018 and the petitioners though placed in the tentative merit list in their respective positions mentioned supra, are still waiting for regular appointments on the basis of their merit as a result of delay in preparing final merit list. The authorities concerned though from their side are addressing communications to do the needful in preparing SL. DATE ORDER OFFICE NO. NOTE the final list, it appears that the unavoidable delays are coming in the way consideration of petitioners' cases for the posts applied under sports quota. The respondent authorities are required to take the matter to the logical end of filling up of the vacancies as expeditiously as possible, so that the purpose of issuing the notification and the need of unemployed youth would be fulfilled.

Therefore, the respondents are directed to get final merit list prepared from SAAP within a period of four (04) weeks from the date of receipt of a copy of this order. On the basis of order in the final merit list so prepared, the cases of the petitioners shall be considered, without any further delay.

List the matter after four (04) weeks.

_______ NJS, J (Issue cc by 22.11.2021) B/O Ks

 
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