Koyyana Ravi Kumar, vs State Of Andhra Pradesh,
2022 Latest Caselaw 8813 AP

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                   MAIN CASE: W.P.No.37292 of 2022
                           PROCEEDING SHEET
Sl.                                                                             OFFICE
        DATE                                 ORDER
No.                                                                             NOTE.

01.   17.11.2022   GRKP, J

                           Heard Sri Vivekananda Virupaksha,
                   Learned Counsel for the Writ Petitioner as
                   well as Sri Srinivas, Learned Counsel for
                   Respondent          No.1      and     Sri       N.Pramod,

Learned Standing Counsel for Respondent No.2.

2) Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the Notification (Ex.P1) dated 30.09.2022, bearing Notification No.12 of 2022, wherein at Para 1.5 it is stated that the Medium of the Examination will be English only. He has also drawn the attention of this Court to Para-3 of the Notification dealing with Educational Qualifications to state that the Educational Qualification required for the post of Assistant Motor Vehicle Inspector in Transport Sub-ordinate Service is either Degree in Mechanical Engineering or Automobile Engineering or a Diploma in Automobile Engineering issued by the State Board of Technical Education or Technical Diploma examination Board, Hyderabad or any other equivalent qualification in addition to other conditions, as the case may be.

3) Learned Counsel for the Writ Petitioner has also drawn the attention of this Court to the Judgment rendered by the Learned Single Judge of this Honourable Court in W.P.No.12019 of 2022 and Batch (P-8). On a perusal of the contents of this Judgment dated 16.08.2022, it appears that the Notification impugned therein also stipulates exactly the similar condition that the medium of Examination will be English only and this is for the post of Assistant Engineer (Civil) in APRWS and various Engineering Sub-ordinate Services. After due consideration, learned Single Judge of this Honourable Court was pleased to allow the said Batch of Writ Petitions by holding as under:

"18. In this scenario, this Court opines that the State shall not give room for any such dilemma failing to notify properly about the language in which the questions would be asked, or any other aspects, in the notification, as stated supra, to provide fair opportunity by strictly following the A.P. Official Language Act, 1966 and to set up the question papers both in English and also Telugu languages, and also to avoid criticism in future.

19. Having regard to the facts and circumstances of the case, upon perusal of the material on record and considering the submissions of the learned counsel, this court in the interest of justice inclined to allow the writ petition, while declaring the action of the 2nd respondent in issuing Notification 11/2021, dated 07.10.2021 for the post of Assistant Engineers and also Notification No.16/2021 dated 30.09.2021 for the post of Assistant Engineers and also Notification No.16/2021 dated 30.09.2021 for the post of "Assistant Director in A.P.Survey and Land Records Service in conducting examination in "English only" is declared as illegal, arbitrary and violative of Articles 14, 16(2),19(1)(g),21 and 300-A of the Constitution of India, in view of the catena of decisions cited supra and further directing the respondents to conduct fresh examination in pursuance to the Notification 11/2021, dated 07.10.2021 for the aforesaid posts in "Telugu" language along with "English" language and further directing the respondents to permit the petitioners to appear in fresh examination.

20. With the above direction, the Writ Petitions are allowed. There shall be no order as to costs."

4) Learned Counsel for the Writ Petitioner has also drawn the attention of this Court to Writ Appeals filed by the Official Respondents in W.A.No.725 of 2022 and Batch, challenging the Final Judgment and Order of the Learned Single Judge dated 16.08.2022 in W.P.No.12019 of 2022 and Batch.

5) The Division Bench passed the following Interim Order (Ex.P9) on 21.09.2022 in Writ Appeal No.725 of 2022 in the Interlocutory Application.

21.09.2022 (Through Physical Mode) I.A.No.1 of 2022 in W.A.No.722 of 2022 and I.A.No.1 of 2022 in W.A.No.723 of 2022.

These applications are preferred to grant leave to the applicants to prefer the present intra-court appeals against the order passed by the learned single judge.

Considering the fact that the applicants were selected in the recruitment process, which was set aside by the learned single Judge, and appointment orders were also issued to them and that similar appeals preferred by other selected candidates have already been entertained by granting leave, we are of the considered opinion that it would be just and proper to grant leave to the applicants to prefer the present appeals.

Accordingly, these applications are allowed, granting leave as prayed for.

W.A.Nos.725, 726,727,728,690,691,712,714,722 and 723 of 2022

Heard Mr. P.Veera Reddy, Learned Senior Counsel representing Ms.C.Sindhu Kumari, Learned counsel for NHAI, for the appellants in W.A.Nos.725, 726,727 and 728 of 2022.

Also heard Mr.VivekanandaVirupaksha, learned counsel for the respondents.

In the facts and circumstances of the case, operation of the order dated 16.08.2022 passed by the learned Single Judge in W.P.Nos.13966,13982, 12019 and 13971 of 2022 shall remain suspended. However, recruitment conducted under the recruitment in question, is subject to the outcome of the present appeals.

Post these cases after four weeks.

              PRASHANT KUMAR MISHRA,CJ    D.V.S.S.SOMAYAJULU,J




         6)       From a perusal of the Interim

Order passed by the Division Bench of this Honourable Court, dated 21.09.2022, it appears that the recruitment process that was undertaken by the Official Respondents under the Impugned Notification therein has already commenced where the examination also has been conducted and the final joining orders were also issued to the selected candidates. Keeping that situation in mind, the Division Bench of this Honourable Court was pleased to suspend the Order passed by the Learned Single Judge with a rider that the recruitment conducted under the recruitment in question is subject to the final outcome in those Writ Appeals.

7) In the present case, Notification has been issued on 30.09.2022. Para 1.2 of the said Notification (Ex.P1) indicates that the candidates shall apply online from 02.11.2022 to 22.11.2022. This makes it clear that the time to apply in response to the present Notification is still available upto 22.11.2022. Learned Counsel for the Writ Petitioner would submit that if the time to apply under this Notification is to be closed by 22.11.2022 while the issues raised by the Writ Petitioners are under the active consideration of this Court, the persons who intend to apply, if the Medium of examination would be ultimately bilingual and not just in English, may be left-out and if the process is allowed to be gone-on, the prospective applicants who are desirous of taking the examination in a bilingual scenario, may be deprived of their valuable right.

      8)      After      considering       these
submissions,      this    court     deems      it

appropriate to Stay the Notification No.12 of 2022, dated 30.09.2022, till the disposal of this Writ Petition. Accordingly, Notification No.12 of 2022, dated 30.09.2022 is stayed till further Orders.

9) In view of the urgency in the matter, this Court deems it appropriate to take up the hearing on expeditious basis.

10) Counter Affidavits may be filed within one week. One (01) week thereafter for filing Rejoinder, if any.

11) List the matter on 01.12.2022 for final hearing at 2.15 p.m.

____________ GRKP, J

GPJ