Dr Suresh Babu Kottapalli vs The State Of Andhra Pradesh
2022 Latest Caselaw 3924 AP

              HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI

      MAIN CASE No.: W.P. No.19692 of 2022


                                 PROCEEDING SHEET

SL.      DATE                              ORDER                                OFFICE
NO.                                                                              NOTE
2)     12.07.2022 KVL, J

                           This Writ Petition is filed questioning the
                  notification   dated    13.06.2022     issued      by   the
                  respondents for direct recruitment for the post of

Assistant Professor as arbitrary and illegal.

Learned counsel for the petitioner contends that for the post of Assistant Professor, the eligibility criteria as shown in the notification is MD and the candidates who are holding qualification of PhD with MSc are excluded from the eligible qualification criteria and the same is contrary to the regulations of Teachers Eligible Qualification in Medical Institutions Regulations 2022 and seeks to set aside the impugned notification. His contention is that even though the petitioners are qualified to hold the said post of Assistant Professor their qualification is not mentioned in the notification and hence they could not apply.

Learned counsel for the petitioners relies upon the judgment of the Hon'ble Supreme Court in Jyoti K.K. v. Kerala Public Service Commission (2010) 15 SCC 596), wherein the Hon'ble Supreme Court held that the eligible degree holders who fulfil the qualifications which were discussed in the judgment and found suitable to be appointed shall be appointed taking note of the vacancies which are available.

Such a direction can be given only after counters are filed.

Learned Standing Counsel appearing for the 2nd respondent seeks time to file counter affidavit.

The prayer that is sought in IA No.1 of 2022 is stay of all further proceedings pursuant to the

SL. DATE ORDER OFFICE NO. NOTE impugned notification dated 13.06.2022. When the prayer of the petitioners is to consider them also, as they were excluded from the notification, no useful purpose will be served by staying all further proceedings pursuant to the notification which is already issued.

Learned Government Pleader submits that pursuant to the notification, 18 vacancies which are available were already filled up and appointment orders were also issued. He further submits that no further vacancies are available to consider the cases of the petitioners.

List the matter after four (4) weeks for filing counter affidavit.

                                                                        ______
                                                                        KVL, J
                 Nsr





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