Andhra Pradesh High Court - Amravati
Butukuri Manohar Reddy vs The State Of Ap on 26 September, 2023
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.25243 of 2023
Butukuri Manohar Reddy,
S/o.B. Venkat Reddy, Aged 34 years,
Working as Medical Officer PHC Atkuru,
Unguturu Mandal, Krishna District. ... Petitioner
Versus
The State of Andhra Pradesh,
Rep. by its Principal Secretary
Department of Medical, Health & Family Welfare
Secretariat Buildings, Velagapudi,
Guntur District & 2 others.
...Respondents
Counsel for the Petitioner : Ms. Marella Radha
Counsel for Respondent No.1 : Government Pleader for
Medical, Health & Family
Welfare
Counsel for Respondent Nos.2 & 3 : Guttapalem Vijaya Kumar
Dt.:26.09.2023
P.C.:
The present petition has been filed seeking consideration
under the in-service candidate category. The petitioner does not
admittedly have the required eligibility as was earlier prescribed in
HCJ & RRR, J
W.P. No.25243 of 2023
the notification dated 21.07.2023 which prescribed 30.06.2023 as
the cut-off date for calculating the period of service rendered in
rural/tribal/urban areas. This date has, however, been extended to
15.09.2023 pursuant to the judgment and order rendered by us in
W.P.No.20919 of 2023.
2. Learned counsel for the petitioner states that the date of
15.09.2023 be further extended to 21.09.2023 inasmuch as the
petitioner would then acquire eligibility by the said date.
3. The petitioner clearly appears to be a fence-sitter, who has
risen from the deep slumber only on the orders having been passed
in W.P.No.20919 of 2023. If the petitioner has any grievance with
the date of the eligibility earlier prescribed, the petitioner would
have certainly approached this Court at the appropriate time. We
need to mention that we had specifically made it clear in paragraph
12.2 of the order, dated 23.09.2023, that the directions issued by
us in the said petition extending the date of eligibility to 15.09.2023
was being issued in the peculiar facts and circumstances of the case
and would not form a precedent in future if ever such an issue
arose. We have to follow what we have stated in the said judgment
in letter and spirit inasmuch as we cannot allow the petitioners to
approach this Court at their own will which would ultimately have
HCJ & RRR, J
W.P. No.25243 of 2023
the effect of delaying the conclusion of the admission process which
is required to be completed as per the directions of the Apex Court
in any case before 10.10.2023 which now it is stated has been
extended to 20.10.2023 as per the directions issued by the National
Medical Commission.
4. The main purpose of our order dated 23.09.2023 was not so
much as to confer an individual benefit to individual candidates as
it was to ensure that no seat meant for an in-service candidate
remains unfilled.
5. As per the statistics and data, which was produced before us
in the review petition vide I.A.No.3 of 2023 in W.P.No.20919 of
2023 filed before us seeking review of the judgment and order
dated 23.09.2023 passed in W.P.No.20919 of 2023 including
W.P.No.24829 of 2023, we are told that the number of candidates
who are now available as per the extended date of eligibility
exceeds the number of seats prescribed.
6. We, therefore, see no merit in the present petition which is
accordingly, dismissed. There shall be no order as to costs.
HCJ & RRR, J
W.P. No.25243 of 2023
Pending miscellaneous applications, if any, shall stand closed.
DHIRAJ SINGH THAKUR, CJ R. RAGHUNANDAN RAO, J
RJS
HCJ & RRR, J
W.P. No.25243 of 2023
HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE R. RAGHUNANDAN RAO
W.P. No.25243 of 2023
Dt:26.09.2023
RJS
