APHC010132062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 7076/2025 Between: Shameem Banu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. PAMARTHY RATHNAKAR Counsel for the Respondent(S): 1. GP FOR SERVICES II 2 HCGR, J W.P.No.7076 of 2025 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 an order, writ or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents not consider petitioner candidature for transfer from Govt. PS Nizamuddin colony Adoni, Kurnool AP to Govt. PS Urdu School, Kurnool along with other similar candidates even though the Additional Secretary Government issued a proceedings vide Memo.No.2514795/Ser.ll/A.2/2024 dated 08.08.2024, wherein requested the Director of School Education to examine the petitioner request by taking consideration of her medical condition is illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to transfer the petitioner from Govt. PS Nizamuddin colony Adoni, Kurnool AP to Govt. PS Urdu School, Kurnool or in and around Kurnool by taking consideration of her medical condition apart of proceeding issued by the Additional Secretary Government vide Memo.No.2514795/Ser.lI/A.2/2024 dated 08.08.2024 wherein requested the Director of School Education to examine the petitioner request by taking consideration of her medical condition along with other similar candidates and pass such other order or orders…” 2. Heard Sri Pamarthy Rathnakar, learned counsel for the petitioner and learned Assistant Government Pleader for Services-II for respondents. 3. Petitioner is presently working as Secondary Grade Teacher (Urdu) at Government Primary School, Nizamuddin Colony, Adoni. In the earlier round of litigation, petitioner has made a request on medical grounds for transfer to Kurnool. However, the same was not acceded to. Petitioner was unsuccessful in challenging the same in W.P.No.14196 of 2024. Later, petitioner has once again made representation dated 24.12.2024, requesting respondents to 3 HCGR, J W.P.No.7076 of 2025 consider her case for transfer from Adoni to Kurnool on medical grounds. Petitioner along with said representation also submitted relevant medical records to show that petitioner has been suffering from Spinal Cord injury and that she needed treatment, which is not available at Adoni and rather better treatment facility is available at Kurnool. Aforesaid representation is stated to be pending with 4th respondent. 4. Learned counsel for the petitioner submits that it would suffice to direct the 4th respondent to consider and dispose of the aforesaid representation. 5. Learned Assistant Government Pleader has placed on record written instructions dated 28.04.2025 stating that the request of the petitioner, which was made in pursuance to the orders in W.P.No.14196 of 2024 and W.A.No.746 of 2024, for considering transfer to Kurnool from Adoni, has been rejected. Therefore, petitioner’s grievance cannot be considered once again. 6. This Court, having gone through the memo dated 14.12.2024 furnished by learned Assistant Government Pleader, is of the opinion that the same does not specifically deals with the petitioner’s request on medical grounds, despite medical records were placed, except for stating that her case cannot be considered on medical 4 HCGR, J W.P.No.7076 of 2025 grounds and if any medical emergency arises, she is entitled to avail leave as per Rules. 7. In view of aforesaid submissions and having regard to the fact that earlier memo does not specifically deals with the petitioner’s request to consider for transfer on medical grounds and that the treatment, which is being undergone by the petitioner being not available at Adoni, the 4th respondent is directed to consider petitioner’s representation dated 24.12.2024 and pass appropriate orders, in accordance with law, within a period of four (04) weeks from the date of receipt of a copy of this order. 8. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN Date: 29.04.2025 KBN