IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY. THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA WRIT PETITION NO: 6167 OF ^noi; AMARAVATI GUNARANJAN Between: Naazir Noor, S/o Noor Ahmed Operator on Contract basis (Late), aged 49 years, Occ: (now terminated).0/o The Govt Hospital at Kurnool.R/o.H.No.40/808-H, Srinivasa Nagar, Kurnool. Data Entry General ...PETITIONER AND 1. The State of Andhra Pradesh; rep. by its Principal Secretary, Health Med,cal and Family Welfare Dept. Secretariat, Velagapudi, Guntur District. 2. The Director of Medical Education AP, Old Govt. General Hospital premises. Hanumanpet, Vijayawada. Krishna District. 3. The Hospital Development Society(HDS) cum-District Collector Kurnool District 4. The Superintendent, Government General District. , represented by its Chairman- At Kurnool Hospital, Kurnool, Kurnool 5. The Principal, Kurnool Medical College, At Kurnool. ...RESPONDENTS^ Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith be pieased to issue a Writ, order or direction nature of Writ of Mandamus by declaring herein more praying that in the High Court may more particularly one in the the action of the respondents respondent in not considering the oerthn ■, . Assistant on contract basis, as per merit obtained in the selection process foliowed by Notification. particularly the 3"'^ and 4*'" petitioner claim for ^ No.OI/SCI/KNL/2024, dated 29-1-2024 without reference to the maximum age prescribed in the notification, dated 29-1-2024 and consequentially disqualifying the petitioner in the merit list dated 10-2-2025 for the post of Jr. Asst, on Contract basis as highly illegal, arbitrary and voilative of Article ^ 14, 16 and 21 of Constitution of India and consequential the Hon'ble court may pleased to declared that the petitioner herein is eligible for appointment as Junior Assistant on Contract basis, without reference to the maximum age as mentioned in the notification, dated 29-1-2024. lA NO: 1 OF 2n7fi Petition under Section 151 CPC stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents herein to consider the petitioner claim fo? appointment as Junior Assistant on contract basis praying that in the circumstances as per the merit process followed by Notification.No.01 /SCI/ KNL/ 'V maximum age prescribed writ petition. obtained in the selection 2024, dated 29-1-2024, without reference to the in the notification, dated 29-1-2024, pending disposal of the Counsel for the Petitioner: SRI M. R. TAGORE Counsel for the Respondent Nos.1 to 5: GP FOR SERVICES The Court made the following: ORDER I APHC010122842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY ,THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 6167/2025 Between: ...PETITIONER Naazir Noor AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.M R TAGORE Counsel for the Respondent(S): 1.GP FOR SERVICES I 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 a Writ order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the respondents herein more particularly the 3^ and respondent in not considering the petitioner claim for appointment as Junior Assistant on contract basis as per the merit obtained in the selection process followed by Notification No.OI/SCI/ KNU2024 dated 29.01.2024, without reference to the maximum age prescribed in the notification dated 29.01.2024, and consequentially disqualifying the petitioner in the merit list dated 10.02.2025 for the post of Jr.Asst. on Contract basis as highly illegal,I arbitrary and voilative of Articles 14, 16 and 21 of Constitution of India and consequential the Hon’ble court may pleased to declared that the petitioner herein is eligible 2 for appointment as Junior Assistant on Contract basis without reference to the maximum age as mentioned in the notification dated 29.01.2024 and may pass such other order or orders....” Heard Sri M.R.Tagore, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I appearing on behalf of the respondents. 2. The petitioner was initially working as Data Entry Operator outsourcing basis and after working for almost 19 years, by proceedings dated 29.03.2022, the services of the petitioner and others who were working on outsourcing basis were terminated with effect from 31.03.2022. Many such outsourcing candidates who had in considerable amount of service were 3. on terminated. On their request, a three member enquiry committee headed by the District Collector came to be constituted, which submitted report dated 29.07.2022 recommending that 82 members as enlisted therein to be accommodated against sanctioned posts in future on the humanitarian grounds as they worked for more than 18 years and that most of the candidates have crossed 42 years and are not eligible for applying to any other post. The petitioner’s name figured at serial No.1. Respondent No.3 issued a notification vide Notification 4. No.OI/SCI/KNL/2024 dated 29.01.2024 for filling up various vacant posts in newly sanctioned State Cancer Institute of Kurnool on contract and outsourcing basis. Four posts have been notified as Junior Assistant on outsourcing basis. However, the age limit prescribed for consideration as on 01.07.2023, enable the upper age as 42 years with relaxations in terms of G.O.Ms.No.109 GA (Ser-A) Department dated 10.10.2023. The petitioner since belonging to BC-E, he is entitled for consideration of the age relaxation up to 5 years. As the petitioner date of birth being 03.07.1975, as on the date which includes the i.e., 01.07.2023, he crossed the age criteria i.e., 47 years relaxations provided therein. Hence, though the petitioner was shown in the the remarks column it has been stated provisional merit list at serial No.3, in that he crossed the age limit. The petitioner made a representation dated 11.02.2025 to respondent No.5 for considering the relaxations on age having regard to his previous service for almost 18 years on outsourcing basis. I I counsel for the petitioner also brought to the notice of this Court, the interim orders passed in W.P.No.30807 of 2021 and final orders passed in W.P.No.14445 of 2020 wherein the respondents therein were directed to consider the request of the petitioners in those cases for relaxation of age and to process the applications. 5. Learned 6. Having regard to the recommendations made by the three member dated 29.07.2022 by which the enlisted 82 committee vide proceedings recommended to be accommodated against sanctioned posts considering that they have worked for more than 18 years and that the petitioner stands at serial No.3 in the provisional list prepared in pursuant dated 29.01.2024, respondent Nos.3 & 5 are directed to 11.02.2025 made by the petitioner seeking services and 3 member members were in future to the notification consider the representation relaxation of age limit having regard to his previous 4 committee report dated 29.07.2022, and period of two (02) weeks from the date of receipt of pass orders as per law within a a copy of this order. Accordingly, the writ petition stands disposed o.f There shall be order as to costs. 7. no As a sequel, miscellaneous applications pending if any, shall stand closed. SDI- SHAIK MOHD. RAFI ASSISTANT REGISTRAR il //TRUE COPY// SECTION OFFICER To. 1. The Principal Secretary, Health Medical and Family Welfare Dept., State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The Director of Medical Education, AP, Old Govt. General Hospital premises, Hanumanpet, Vijayawada, Krishna District. 3. The Chairman-cum-District Collector, Hospital Development Society(HDS), Kurnool District, At Kurnool 4. The Superintendent, Government General Hospital Kurnool, Kurnool District. 5. The Principal, Kurnool Medical College, At Kurnool. 6. One CC to Sri M. R. Tagore, Advocate [OPUC] 7. Two CCs to GP for Services-1, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies. ssb HIGH COURT DATED:12/03/2025 ORDER AND«^ WP.No.6167 of 2025 w 11 mar ®'i m i Currsnl Section ? Off-. .O DISPOSING OF THE W.P. WITHOUT COSTS