Andhra Pradesh High Court - Amravati
Butu Murali Mohana Rao vs The State Of Andhra Pradesh on 24 April, 2023
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(SHOW CAUSE NOTICE BEFORE ADMISSION) i-£tl
lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV/
(SPECIAL ORIGINAL JURISDICTION)
MONDAY, THE ll^/ENTY FOURTH DAY OF APRIL
TWO THOUSAND AND ll^/ENTY THREE
:PRESENT:
THE HONOURABLE SRI JUSTICE VENKATESWARLU N[MMAGADDA
WRIT PETITION NO: 10286 OF 2023
Between:
1. Butu Murali Mohana Rao, S/o Suryanarayana, Age. 34 Years, R/o D.NO.2-55,
pedda Lingalavalasa Laveru mandal, Srikakulam D'lstrict-532407.
2. Yarrapu Rajesh, S/o Anand Age. 34, R/o D.NO.1-75, Har'ljana Colony,
Baguvalasa,Vizianagaram District-535591.
3. Damathoti Sampath Kumar, S/o Aadinarayana Age. 35 Years, R/o D.No.5-
138A. Harijanawada Kothapatnam, Ethamukkala, Prakasam District 523280.
4. Medisetti Suresh, S/o Gopala Krishna, Age. 33 Years, R/o D.No.2-2,
Narasingapuram, Agraharam Rural, East Godavari 533450.
Petit-loners
'AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary, Home
Department, Secretariat Building`s, Velagapudi, Amaravati.
2. The State Level Police Recruitment Board, Rep by its Chairman, State of AP,
Mangalagiri, Guntur District, AP.
3. The Director General of Police, State of Andhra Pradesh Mangalagiri, Guntur
District, AP.
Respondents
whereas the petitioners above named through their Advocate Sri MOJJA'DA
HARI KRISHNA presented this Petition under Article 226 of the Constitution of India
praying that in the circumstances stated in the affidavit filed therewith, the High Court
may be pleased to issue an appropriate writ, order or direction more particularly one
in the nature of Writ of Mandamus
(i) Declaring the action of the respondents in not allowing the Petitioners 1 to 3
herein to appear for the physical Measurement Test / Physical efficiency Test by
treating them as nonlocal candidates and in not extending the benef'lt in terms of the
judgment of this Honourable Couit 'ln WP.No.21715/2017 and batch dt.15-ll-2017
(ii) Declaring the action of the respondents in treating the Home Guards on
par with the other general candidates by applying SOCial Or communal reservations
on Horizontal basis without extending the benefit Of reservations under special
category meant for Home Guards pursuant to the notification issued in
Rc.No.161/SLPRB/Rect.2/2022 dt.28-ll-2022 by the 2nd respondent as illegal,
arbitrary, unjust and violative of Articles 14, 16 and 21 of the Constitution of India
and contrary to Rule 3(C)(D) of the rules issued in G.O.Ms.No.315 Home (Police C)
Department dated 13-10-1999 and as amended by G.O.Ms.No.97 dated. 01-05-2006
and (iii) Further direct the respondents iO allow the petitioners herein tO Participate
in further process of selection i.e., to allow the petitioners herein to appear'for
physical Measurement test / Physical Efficiency Test and Final Written Examination
by extending the benefit of the orders of this Honourable Court in
WP.No.21715/2017 and batch dt.15-ll-2017
(iv) Further direct the respondehts to prepare a Separate merit list among the
Home Guards alone against the V'acancies/percentage of quota meant for Home
Guards by treating them as. special Category without reference to the
social/communal reservations/Horiz6htal reservations and then consider the Cases
of home guards by allowing them for furtheriprocess of selection like physical test
and final test for appointment as Police constable(Civil/APSP pursuant to the
notification issued in Rc.No.161/SLPRB/R66t.2/2022 dt.28-ll-2022 by extending the
benefit of the orders in wp.No.21715/2017 and batch dt.15-ll-2017 as the petitions
therein are similar to that of the petitions herein;
And whereas the High Court upon perusing the petition and affidavit filed
herein and upon hearing the arguments of Sri MOJJADA HARI KRISHNA Advocate
for the petitioners and of GP FOR HOME for `the Respondents, directed issue of
notice to the Respondents herein to show cause as to why this WRIT PETITION
should not be admitted.
You viz:
1. The Principal Secretary, Home` Department, State of Andhra Pradesh,
Secretariat Buildings, Velagapudif Amaravati.
2. The Chairman, State Level.- Police Recruitment Board, State of AP,,
Mangalagiri, Guntur District, AP.
3. The Director General of Police, .Stale.ofAndhra Pradesh Mangalagjri, Guntur
District, AP.
are be and hereby directed to show cause either appearing in person or through an
Advocate as to why in the circumstances set out in the petition and the affidavit filed
therewith (copy enclosed) this WRIT PETITION should not be admitted within four
weeks.
The Court made the following Order:
lfNotice before admission.
List the matter after four (04) vyeeks.
-I.
[n the meanwhile, learned Gove'rnment PIeader is directed to file
counter.
Registry is directed to tag this matter along with W.P.No.5184 of 2023."
sd+ G. HELA NAIDU
ASSISTANT REGISTRAR
EZffl?ffl
//TRUE Copy//
SECTION OFFICER
To'1. The Principal Secretary, Home Department, State of Andhra Pradesh,
secretariat Buildings, Velagapudi, Amaravati.
2. The Chairman, State Level PQIiQeL Recruitment Board, State of AP,
Mangalagiri, Guntur District, AP.
3. The Director General of Police, State of Andhra Pradesh Mangalagiri, Guntinr
District, AP. (Addresses 1 to 3 by RPAD-along with a COPY Of Petition and
affidavit)
4. One CC to SRl. MOJJADA HARI KRISHNAAdvocate [OPUC]
5. Two CCs to GP FOR HOME, High Court OfAndhra Pradesh. [OUT]
6. The Section Officer, Writ Service Section, High Court of Andhra Pradesh.
7. Onespare copy
HIGH COURT
NVJ
DATE D.. 24/04/2023
LIST THE MATTER AFTER FOUR (04) WEEKS
NOTICE BEFORE ADMISSION
WP.No.10286 of 2023
2 5 APfl 2023
