61-^0 y •5 / r, T3' IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVaItS |4 (Special Original Jurisdiction) ’ WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 5742 OF 2025 2^ O. Between: Bheemudu aged about 41 years now Health Center!^ Nel’aturu Kapileswarapuram Mandal, Dr. BR. Ambedkar Konaseema District. 2. Smt. Gidla Adilakshmi, D/o Nageswara Rao aged about 42 years now presently working as ANM Gr-lll, Primary Health Center. KuSpSI/e P. Gannavaram Mandal, Dr. BR. Ambedkar Konaseema District. ?p^rc Venkata Lakshmi, W/o Nalli Kumar, aged about 42 SphS ^^orkmg as ANM Gr-lll, Primary Health Center Narkedimilli, Atreyapuram Mandal. Dr. BR. Ambedkar Konaseema ^ ^ Pnshpavati, D/o Netala Israyelu aged about 41 years, now presently working as ANM Gr-lll, Primary Health Center ofS Mandal, Dr. BR. Ambedkar Konaseema 5. Smt. Nakka Anasuya, W/o Babu Rao aged about 47 years now o Pnmary Health Center, Gopalapuram Ravulapalem Mandal Dr. BR. Ambedkar Konaseema District ...Petitioners AND ^ Pradesh, Rep. by its Principal Secretary, Medical and Health Department, Secretariat, Amaravati, Guntur District, A.P. PradeshT"’'®®”"®''' '^angalagiri, Andhra DisIrPcrAm'a^^ptlm'"' konaseema ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue Writ Order may or Direction more particularly one in the nature of Writ of Mandamus, to declare the proceedings of the 2nd Respondent dt.24-2-2025 vide Rc.No.2711992/ E1/CH and FW/2025 in rejecting the appeals of the petitioners, seeking to add lOpercent weightage marks, as illegal, arbitrary, contrary to the principles of natural justice, consequently direct the Respondents to add lOpercent weightage marks, for the seniority in the cadre of ANM Gr.lll before preparing the final seniority list. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents herein to add 10% weightage marks, for seniority in the cadre of ANM Gr.lll, before preparing the final seniority list, pending disposal of the above writ petition. Counsel for the Petitioner: SRI B CHANDRA SHEKHAR Counsel for the Respondents: GP FOR SERVICES -1 The Court made the following order: APHC010114822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 5742/2025 Between: Smt. Dandingi Suneetha, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petltioner(S): 1.B CHANDRA SHEKHAR Counsel for the Respondent(S): 1.GP FOR SERVICES I 2 W.P.No.5742of2025 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s;- “...to issue Writ, order or direction more particularly one in the nature of Writ of Mandamus, to declare the proceedings of the 2"^^ Respondent dt.24-2-2025 vide Rc.No.2711992/E1/CH & FW/2025 in rejecting the appeals of the petitioners, seeking to add 10 % weightage marks, as illegal, arbitrary, contrary to the principles of natural justice, consequently direct the Respondents to add 10% weightage marks, for the seniority in the cadre of ANM Gr.lll before preparing the final seniority list, and pass such other order or orders....” Heard Sri B.Chandra Sekhar, learned counsel for the 2. petitioners and learned Assistant Government Pleader for Services-I for respondents. On 07.03.2025, this Court passed the following order: 3. “....In the previous round of proceedings as an Appeal and stay petition filed by the petitioners against the order dated 18.01.2025 passed by 3''^ respondent was not being taken up on time, the petitioners filed W.P.No.3271 of 2025 and batch, in which this Court by order dated 11.02.2025 directed the 2'^^ respondent/Appellate Authority to dispose of the stay petitions within three weeks from the said date and also to dispose of the Appeals finally as expeditiously as possible, preferably within a period of two (02) months, however, by providing an opportunity of hearing to the petitioner. Rc.No.2711992/E1/CH&FW/2025, dated 24.02.2025 the 2”^ respondent rejected the Appeal. Learned counsel for the petitioner submits that such rejection was without hearing, giving an opportunity to represent their cases in the Appeal, which is in violation of principles of natural justice, besides directions of this Court. impugned proceedings vide By Learned Assistant Government Pleader, Services-I, takes notice for the respondents. Prime facie, the order passed by the 2”^ respondent, since Is without hearing the petitioners, there shall be stay \ 3 W.P.No.5742 of 2025 of all further proceedings and the respondents shall not proceed with finalization of Seniority List for a period of four (04) weeks....” 4. The only point which falls for consideration of this Court is, whether the petitioners were given an opportunity of hearing in terms of directions issued by this Court in W.P.No.3271 of 2025, before passing the impugned speaking order dated 24.02.2025. 5. Learned Assistant Government Pleader submits that impugned order does not specifically refer to, as to whether opportunity of hearing was extended to petitioner. an Learned counsel for the petitioner asserts that no such opportunity was given. Even the order itself speaks that, the petitioner was not given any such opportunity. At any rate, the respondents cannot go beyond what has been stated in the order. Since, this Court on earlier occasion has specifically directed the respondents to provide the petitioner an opportunity of hearing and that the impugned order does not refer to or indicate any such opportunity of hearing being granted to petitioner. 6. Learned counsel for the petitioner has drawn attention of this Court to Circular No. Spl/G3/2024 dated 10.03.2025, issued by 3 respondent, whereby, the stakeholders were called upon to submit objections to provisional seniority list on or before 15.03.2025 and contended that inspite of this Court staying all further proceedings 7. rd 4 W.P.No.5742of2025 directing the respondents not to proceed with finalization of seniority list, the aforesaid circular has been issued, which is in clear contempt of Court. and t On the sole ground of not providing an opportunity of hearing the Writ Petition stands disposed of, by setting 8. to the petitioner aside the orders passed by the 2"^ respondent vide proceedings RC.N0.2711992/E1/ CH&FW/2025 dated 24.02.2025, and the matter respondent, who shall provide an nd is remanded back to the 2 opportunity of hearing to the petitioner by issuing a notice, well in advance, fixing specific date and time. After hearing the petitioner on respondent shall pass appropriate orders, in accordance with law. Till such exercise of disposing the case on nd such date, the 2 directed not to proceed remand is completed, the respondents with finalization of seniority list. There shall be no order as to costs. are sequel, miscellaneous petitions, pending if any, shall Sd/- K. SRINIVASA RAJU assistant, registrar FFICER As a / stand closed. //TRUE COPY// S To, 1 The Principal Secretary, Medical and Health Departrnent, State of Andhra Pradesh, Secretariat, Amaravati, Guntur District, A.P. 2. The Commissioner Health and Family Welfare, Mangalagiri, Andhra Pradesh 3. The District Medical and Health Officer, Dr. BR Ambedkar Konaseema District, Amalapuram. 4. One CC to Sri B Chandra Shekhar, Advocate [OPUC] 5. Two CCs to GP for Services -1, High Court of Andhra Pradesh. [OUT] 6. Two CD Copies RAM HIGH COURT DATED:26/03/2025 ORDER of ANO^ WP.No.5742 of 2025 <* 0UM2O25 I ^ Current Section DISPOSING OF THE WP WITHOUT COSTS