APHC010460462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23502/2025 Between: 1. DR V BALAKRISHNA, S/O RAMKOTESWARA RAO AGED 44 YEARS, OCC SERVICE (MEDICAL OFFICER) O/O GOVERNMENT AYURVEDEIC DISPENSARY, EMANI, DUGGIRALA MANDAL, GUNTUR DIST, ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY TO THE GOVERNMENT, MEDICAL, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE COMMISSIONER, DEPARTMENT OF AYUSH, 4TH FLOOR, JASTI TOWERS, GOLLAPUDI, VIJAYAWADA ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of Respondents in not following the Roster Norms in vogue and filling the vacancy arose for the post of Assistant Professor - in Kayachikitsa Specialty, reserved for ST (W), with the employee of other caste during the panel year 2012-13 in violation of the Reservation Norms applicable thereto, and not correcting such unwarranted placement, thereby denying opportunity of my career prospects, despite my repeated requests and reminders from time to time since 2013, as illegal, 2 irregular, irrational, violative of principles of natural justice, contrary to the Rule of Roster and settled principles of Service Jurisprudence and offends Articles 14 and 21 of Constitution of India, apart from pervert and misleading interpretation of the guidelines in place as to the Reservation Criteria and carry forward of vacancies and consequently direct the respondents to post me as Asst. Professor, UG, Kayachikitsa Department of any Ayurveda Medical College, with attendant monetary as well as other benefits from the date of filling the said vacancy in violation of Rule of Roster and pass such IA 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 may be pleased to direct the respondents to post me as Asst. Professor, UG, Kayachikitsa Department of any Ayurveda Medical College, with attendant monetary as well as other benefits from the date of filling the said vacancy in violation of Rule of Roster, pending disposal of the main writ petition and pass such IA NO: 2 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 leased to receive Reply Affidavit on record by allowing the Leave Petition in the above Writ Petition and pass Counsel for the Petitioner: 1. MOJJADA HARI KRISHNA Counsel for the Respondent(S): 1. GP FOR SERVICES I 2. GP FOR SERVICES II The Court made the following: 3 ORDER:- The petitioner is presently working as Medical Officer at Government Ayurvedic Dispensary, Guntur District. It is submitted that the petitioner is aggrieved by the inaction on the part of the respondents in posting the petitioner as Assistant Professor, undergraduate Kayachikitsa Department of Ayurvedic Medical College with the service benefits from the date of the vacancy. It is further submitted that the petitioner has submitted a representation for converting his post from non-teaching post to that of a teaching post which is also not considered by the respondents. 2. It is also submitted that the petitioner submitted a representation to appoint the petitioner as a lecturer at the existing vacancy in Government Ayurvedic Colleges in Andhra Pradesh in pursuance of the memo issued by the Government on 23.04.2013. The representation of the petitioner was referred to the 2nd respondent, however, no orders have been passed ever since submission of the representation of the petitioner. It is submitted that the post of lecturer Kayachikitsa is available and reserved for Scheduled Tribe (Woman) and as per the G.O.Ms.No.2, dated 09.01.2004, when the ST (Woman) vacancy is unfilled, for want of the candidate the same shall be filled up by a Scheduled Tribe (Male) candidate. It is further submitted that the petitioner is eligible for appointment in the said post in pursuance of G.O.Ms.No.2. 3. It is also submitted that the respondents have overlooked the rule of reservation and posted several officers by overlooking the reservation criteria 4 and there are instances of posting a non-ST candidate with a candidate belonging to other caste. Learned counsel for the petitioner also submits that the post of a Medical Officer and a lecturer is a state wide post and the same was also notified vide issuance of G.O.Rt.No.467, dated 14.06.2022, whereby the Government has categorically held that the post of Medical Officer/Lecturers in the three systems of Indian Medicine and Homeopathy i.e., Ayurveda, Unani and Homeo were declared as state wide posts for the purpose of recruitment, posting and transfer, by rescinding the earlier orders issued in G.O.Ms.No.41, dated 04.02.2008. It is submitted that the only ground on which the case of the petitioner is not considered is that the respondents are treating the post of a medical officer and that of a lecturer as Zonal post contrary to G.O.Rt.No.467, dated 14.06.2022. It is further submitted that the existing vacancy of that of a lecturer is available at Dr. Nori Rama Sastry, Ayurvedic College, Vijayawada and the said post is reserved for ST (Woman) candidate. 4. Learned Assistant Government Pleader appearing for the respondents submits that a detailed counter is filed and that the post of Lecturer which is now re-designated as Assistant Professor is to be filled up by promotion from the feeder cadre of lecturer and that the candidates must possess Post Graduation in Ayurveda. It is further submitted that Medical Officer post is a Non-Teaching post and the post of an Assistant Professor is a Teaching cadre post, which comes under Category-III (a). It is also submitted that the vacancies available at Zone II, V & VI as per the location of colleges and the 5 petitioner is working in Zone III. Hence, the case of the petitioner cannot be considered inspite of a vacancy being available. It is also stated in the counter that there is one vacancy at Dr.NRS Government Ayurvedic College, Vijayawada. 5. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 6. Perused the record. 7. As seen from the counter, it is evident that during the year 2012-13, a OC candidate was considered as against ST (Woman) vacancy and it is also stated in the counter that to rectify the anomaly, the said Dr. K.Lakshmikantam was reverted to the cadre of lecturer and by reverting the said candidate, the anomaly was rectified. It is not explained as to how the roster point could have been complied by recruiting an OC candidate in place of a ST (Woman) candidate. 8. It is further stated in the counter that the representation of the petitioner was referred to the Government being the competent authority for further consideration. The G.O.Rt.No.467 dated 14.06.2022 makes it amply clear that the post of Lecturer and Medical Officer is a state wide post and as such, the stand of the respondents that the petitioner is working in Zone III and cannot be considered for vacancies in other Zones does not withstand the scrutiny of law and is also contrary to the G.O.Rt.No.467. 6 9. The petitioner has expressed interest to join a teaching post and is also qualified having acquired the Post Graduation in Ayurveda, as such, he is entitled for the said post. 10. On these considerations, it is made clear to the respondents to consider the case of petitioner for converting his post from that of Medical Officer to that of an Assistant Professor in the existing ST vacancy which is earmarked for a Woman candidate. It is also made clear that, if there is no other ST (Woman) candidate is available, the petitioner may be considered for the said post in pursuance of G.O.Ms.No.2, dated 09.01.2004. At any rate, the respondents shall have to pass appropriate orders within a period of six (6) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. ____________________ JUSTICE HARINATH.N Date.06.05.2026 SR