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2025 DAILYLAW 11544 (AP)

SODE NAGESWARA RAO v. THE STATE OF ANDHRA PRADESH

WP/7331/2025 · 2025-03-24

Challa Gunaranjan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010134132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 7331/2025 Between: Sode Nageswara Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KRISTAM SAKTHI NIRANJAN GUPTHA Counsel for the Respondent(S): 1. GP FOR SERVICES II 2 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 a Writ of Mandamus, declaring the inaction of the respondent authorities in recruiting the petitioner for the post of Secondary Grade Teacher (TEL), despite his selection as a Secondary Grade Teacher (TEL) and inclusion in the merit list under Orthopedically Handicapped (OH) Quota within ST category, and failure to consider the petitioner’s representation dated 19.06.2024 as arbitrary, unreasonable, and violative of the principles of natural justice and Articles 14, 15, and 21 of the Constitution of India, as well as contrary to the norms and guidelines established in G.O.MS.No.67, School Education (Exams) Department, dated 26.10.2018 and consequently direct the respondents to recruit the petitioner for the post of Secondary Grade Teacher (TEL) and to pass such other order or orders.…” 2. Heard Sri K. Sakthi Niranjan Guptha, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for respondents. 3. The petitioner has participated in DSC 2018 for post of Secondary Grade Teacher (Telugu). He secured 43.02 marks and duly qualified for the said recruitment. The petitioner being OH (Orthopedically Handicapped) and also belongs to SC category, he was placed in the provisional merit list at Serial No.3. The 3rd respondent by letter dated 22.06.2023, addressed to the Superintendent, Government General Hospital, Vijayawada, sent for verification of disability certificates of applicants, who approached 3 the Hospital. The petitioner approached the said Hospital and after examination, the Superintendent by letter dated 10.08.2023 certified that the petitioner had permanent disability of 56%. However, the petitioner’s candidature was not considered for the selection. Therefore, he had submitted representation dated 19.06.2024 to the 2nd respondent, which is stated to be pending. 4. Learned counsel for the petitioner submits that despite the petitioner being qualified in DSC 2018 and that his medical certificate with respect to disability having been certified by the Hospital, his case is not being considered for the purpose of appointment. 5. Learned Assistant Government Pleader for Services-II appearing for respondents placed on record written instructions dated 22.03.2025, as per which, it is stated that the petitioner’s initially representation dated 18.03.2023 addressed to the 3rd respondent, was in turn forwarded to 2nd respondent by Officer letter dated 25.03.2023, is awaiting orders of 2nd respondent. 6. In view of aforesaid submissions, instead of keeping the matter pending, it would suffice to dispose of writ petition directing the 2nd respondent, with whom petitioner’s representation is pending, to consider the same and also subsequent representation dated 19.06.2024 having regard to medical certificate issued by the 4 Superintendent, Government General Hospital, by letter dated 10.08.2023, and pass speaking orders, in accordance with law, within a period of six (06) weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. 7. With the above directions, this 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: 24.03.2025 KBN 5 87 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 7331/2025 Date: 24.03.2025 KBN