M.Narayana Swamy vs The State Of Andhra Pradesh,
2024 Latest Caselaw 558 AP

Andhra Pradesh High Court - Amravati

M.Narayana Swamy vs The State Of Andhra Pradesh, on 12 January, 2024

 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD

             WRIT PETITION No.934 OF 2024
ORDER:

Heard Sri Srinivas Rao Bodduluri, Learned Counsel

for the Writ Petitioners, Sri S. Raju, Learned Assistant

Government Pleader for Services-I appearing for

Respondent No.1 and Sri V. Venkata Naga Raju, Learned

Standing Counsel for Respondent No.2.

2. The Petitioners in this case are seeking age relaxation

for the reasons mentioned in the Affidavit filed in support of

the Writ Petition as regards the filling up of Group-II Posts

by the Andhra Pradesh Public Service Commission (APPSC).

3. Sri V. Venkata Naga Raju, Learned Standing Counsel

for Respondent No.2 would submit that this case is

identical to W.P.No.700 of 2024 that was considered by this

Court on 10.01.2024. Learned Counsel would submit that

while disposing of the said W.P.No.700 of 2024, this Court

held that, under Article 226 of Constitution of India, this

Court does not have the power to pass such orders to do

complete justice, which is akin to the power vested with the

Hon'ble Supreme Court under Article 142. Learned

Counsel has further stated that this Hon'ble Court was

pleased to dispose of W.P.No.700 of 2024 with liberty to the

Writ Petitioners to approach Respondent No.2 by

submitting a fresh Representation along with a copy of the

Judgment of the Hon'ble Apex Court, thereby leaving it to

the discretion of Respondent No.2 as regards the age

relaxation.

4. Having considered these submissions, this Court is

inclined to pass similar Order by holding that this Court

does not have the power to pass an Order by relaxing the

age limit for doing complete justice under Article 226. The

Writ Petitioners are given liberty to approach the

Respondent No.2 by submitting a fresh Representation

along with a copy of the Judgment of the Hon'ble Apex

Court in High Court of Delhi Vs. Devina Sharma (Civil

Appeal No.2016 of 2022 dated 14.03.2022).

5. The Respondent No.2 may consider the

Representation of the Writ Petitioners in accordance with

law on or before 17.01.2024 if the Representation is

submitted latest by or before 5.00 P.M on 15.01.2024.

6. Accordingly, this Writ Petition is disposed of. No

order as to costs.

7. Interlocutory Applications, if any, stand closed in

terms of this order.

_______________________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J

Dt: 12.01.2024

Note: Issue C.C today, B/o, Vns

HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD

WRIT PETITION No.934 OF 2024

12.01.2024

Vns