APHC010322982019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0/"f, i-lil 'i\ 'P^ 6i ^ <3: I : i WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15338 OF 2019 Between: G. Nagendra Reddy, S/o. G. V. Krishna Reddy, Aged about 38 years, Occ: un-employee, R/o. Flat.No.302, Dr. Siva Reddy Buildings, Beside Sree Hospital, Dwaraka Nagar, Kadapa, YSR District. ...Petitioner AND 1. The District Medical and Health Officer, Kadapa, YSR District. 2. The District Collector cum Chairman District Selection Committee, , Kadapa District. 3. The Government of Andhra Pradesh, Rep by its Principal Secretary, Health Medical and Family Welfare, Secretariat, Velagapudi, Guntur District. 4. M. Devisree, D/o. M. Venkata Narayana, Aged about 32 years, Occ: Rehabilitation Worker Through the District Medical and Health Officer, Kadapa, YSR District. 5. A. Silpa, D/o. A. Venkata Ramaiah, Aged about 31 years, Occ: Rehabilitation Worker Through the District Medical and Health Officer, Kadapa, YSR District. 6. P. Samiulla Khan, S/o. P. Ahmed Ali Khan. Aged about 32 years, Occ: Rehabilitation Worker Through the District Medical and Health Officer, Kadapa, YSR District. ...Respondents 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 writ or order more particularly one in the nature of writ of MANDAMUS by declaring the action of the respondent No.1 in rejecting the selection and appointment of the petitioner to the post of Rehabilitation Worker in pursuance of the Notification No.2 of 2016 only on the ground that the petitioner is non-local, though he stood at S.No.1 in the merit list through impugned proceedings vide Rc.No.561/C1/2019 dated 23.2.2019 and declare the same as illegal, arbitrary and violative of Article 14 and 16 of the Constitution of India and consequently direct the 1®* respondent to review the selections made under OC-G category vacancies filled with the respondents No.4 to 6 vide Rc.No.423/C1/2016 dated 9.8.2018, Rc.No.423/C1/20 16 dated 9.8.2018 and Rc.No. 1940/C 1/2014 dated 6.2.2019 of the 1st respondent by holding that the petitioner is entitled for selection as per his merit ranking in the selection to the post of Rehabilitation Worker. lA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the operation of the impugned proceedings vide Rc.No.561/C1/2019 dated 2;.2.2019 of the 1®* respondent with a further direction to consider the candidature of the petitioner under OC-G category wiich was shown against the candidate who did not even opt for selection to the post of Rehabilitation Worker, pending disposal of the main writ petition. Counsel for the Petitioner: SRI VADAPALLI RAMESH Counsel for the Respondent Nos.1 & 3 : GP FOR MEDICAL HEALTH & FW Counsel for the Respondent No.2 : GP FOR SERVICES I Counsel for the Respondent No.4 to 6 : NONE APPEARED The Court made the following order: 1 APHC010322982019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15338 OF 2019 Between: 1. G. Nagendra Reddy, , S/o. G. V. Krishna Reddy, Aged about 38 years, Occ un-employee, R/o. Flat.No.302, Dr. Siva Reddy Buildings, Beside Sree Hospital, Dwaraka Nagar, Kadapa, YSR District. ...Petitioner AND 1. The District Medical and Health Officer, Kadapa, YSR District. 2. The District Collector cum Chairman District Selection Committee, , Kadapa District. 3. The Government of Andhra Pradesh, Rep by its Principal Secretary, Health Medical and Family Welfare, Secretariat, Velagapudi, Guntur District. 2 4. M Devisree, , D/o. M. Venkata Narayana, Aged about 32 years, Occ Rehabilitation Worker Through the District Medical and Health Officer, Kadapa, YSR District. 5. A Silpa, , D/o. A. Venkata Ramaiah, Aged about 31 Rehabilitation Worker Through the District Medical Officer, Kadapa, YSR District. 6. P Samiulla Khan, S/o. P. Ahmed Ali Khan, years, Occ Rehabilitation Worker Through the District and Health Officer, Kadapa, YSR District. I years, Occ and Health Aged about 32 Medical ...Respondents Counsel for the Petitioner: VADAPALLI RAMESH Counsel for the Respondents: GP FOR SERVICES I (AP) Counsel for the Respondents.GP FOR MEDICAL HEALTH FW(AP) i-ncMLin 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO; 15338 OF 2019 The Court made the following order: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for; ..to issue writ or order more particularly one in the nature of writ of MANDAMUS by declaring the action of the respondent No 1 in rejecting the selection and appointment of the petitioner to the post of Rehabilitation Worker in pursuance of the Notification No 2 of 2016 only on the ground that the petitioner is nonlocal though he stood at S No 1 in the merit list through impugned proceedings vide Rc No 561/C1/2019 dated 23 2 2019 and declare the same as illegal arbitrary and violative of Article 14 and 16 of the Constitution of India and consequently direct the 1S1 respondent to review the selections made under OCG category vacancies filled with the respondents No 4 to 6 vide Rc No 423/Cl/2016 dated 9 8 2018 Rc No 423/C 1/2016 dated 9 8 2018 and Rc No 1940/C1/2014 dated 6 2 2019 of the 1st respondent by holding that the petitioner is entitled for selection as per his merit ranking in the selection to the post of Rehabilitation Worker and to passs... ” Heard Sri Vadapalli Ramesh, learned counsel for the 2. petitioner and learned Assistant Government Pleader for Home. 4 3. Learned counsel for the petitioner submitted that the petitioner had applied for the posts of Physiotherapist and Rehabilitation Worker vide Notification No.02 of 2016. The petitioner is duly qualified for the post of Rehabilitation Worker, possessing a Bachelor's Degree in Physiotherapy, along with knowledge and experience in using computers. It is further submitted that the final merit list was published on 03.07.2015, in which the petitioner secured SI. Physiotherapist and SI. No. 02 for the No. 03 for the post of post of Rehabilitation Worker. The candidate at SI. No. 01 for the post of Rehabilitation Worker, Smt. M.S.P. Rajeshwari, opted for the post of Physiotherapist. Consequently, the petitioner stood as the first eligible candidate for the post of Rehabilitation Worker. Learned counsel also submits that although seven posts were notified, the respondents selected only four candidates in the final selection. Out of the four selected candidates. Respondent Nos. 4 and 5 secured employment under the open category (general) through made a representation on 05.02.2019 to the respondent authorities, requested to select him under the open category, as he was the first candidate in merit for the post of Rehabilitation Worker. proceedings dated 09.08.2018.The petitioner 5 However, Respondent No. 6, was selected though he stood at SI.No.8 in the merit. The learned counsel would further submit that respondent cannot apply the roster with one post is earmarked for open category. By virtue of applying roaster to the single post, he lost opportunity for selection. While so, respondent No.1 issued the impugned proceedings dated 23.02.2019 rejecting the petitioner’s candidature on the ground that he is non local candidate. Learned counsel submits that the respondents cannot deny appointment to a meritorious candidate solely on the ground of non-local status, especially when the post falls under the open category. The petitioner ought to have been adjusted against the 3'^^ vacancy under the open category. In light of the above, learned counsel for the petitioner prays for setting aside the impugned rejection order, by holding that the petitioner is entitled to selection for the post of Rehabilitation Worker based on merit. Learned Assistant Government Pleader for Services-ll 4. submitted that the petitioner, being a non-local candidate, was not eligible for selection to the post of Rehabilitation Worker. Out of the seven notified vacancies, only four were filled in strict 6 adherence to the under the relevant statutory provisions secured 76.943 marks and Ms.P.Rajeswari governing rules and procedures prescribed petitioner got 78.645 marks. The post of rehabilitation worker is newly sanctioned post. The The roster IS started from Cycle-I. The learned Assistant Government Pleader would further submit that as per the Circular Memo.No.46614/Ser.A/2005-1 dated 27.05.2005 and in accordance with the Rule 22(a)(e) of A.P.State and Subordinate Service Rules, 1992, the first Roster Point No.01 OC-W i and Non-Local Candidates and the IS allotted unreserved category for both remaining roster points from candidates only. Learned further submitted that the a position under the Local 02 to 07 have been allotted for Local Assistant Government Pleader respondent, who secured (women), was selected 4th open category against the first vacancy, i.e., the 20% and non-local candidates. Pleader would further submits as candidature could not quota earmarked for both local Learned Assistant Government that petitioner belongs to non-local so be considered for selection is exclusively grant for local candidates only. against open category(general) which 7 5. Considering the submissions made and upon a fair perusal of the material placed before this Court, it is not in dispute that the petitioner is a non-local candidate to Kadapa District, where the selection for the post of Rehabilitation Worker was conducted. It is also not in dispute that the petitioner had applied for both the posts of Physiotherapist and Rehabilitation Worker. However, for the purpose of the present discussion, the post of Physiotherapist is not relevant, as the petitioner stood at 3rd position in the merit list for that post. The grievance of the petitioner pertains to the post of Rehabilitation Worker, where he effectively stood at first position in the merit, following the selection of Ms. P. Rajeshwari, the candidate at SI. No.1, for the post of Physiotherapist. As the petitioner was ranked 2nd in the original merit list for Rehabilitation Worker with a score of 76.943, he became the first eligible candidate for that post since Ms.P.Rajeswari is chosen for the post of physiotherapist. There cannot be any dispute about the Circular Memo No.46614/Ser.A/2025-1, dated 27.05.2005 and Government Memo.NO.29978/PE-Ser.ll/2012, 20.12.2012 inconnection with the implementation of the rule of reservation including for local and non-local candidates. Basing on instructions, 80% of the posts reserved for local candidates dated 8 and the remaining 20 % of the post shall be filled by open competition wherein the local and non-local candidate compete. For ready reference the merit list for the purpose of rehabilitation worker has been extracted infra which is notified for seven vacancies. can SI.No. Cycle Roster Point Category Roster reserved Open Local 01 01 OC-W 02 02 SC-W 03 1 03 OC-G BC-A(W) OC-G Local 04 04 Local Local Local 05 05 06 06 OC-G 07 07 SC-G Local As rightly submitted by the learned Assistant Government Pleader, the post which is exclusively meant for the category (General) under the local quota cannot be allotted to the open petitioner, who is a non-local candidate. The petitioner, being a non-local candidate and local candidates are eligible to compete for the first post, which per the roster, falls under the Open Competition (Women) category. In that view, Ms. Divyasree, who as secured the highest merit among candidates in the OC (Women) category, was rightly selected against the 20% quota, i.e., the first post earmarked for the open category at the relevant roster point. 9 However, the petitioner, being a male candidate, is not eligible to compete for a post reserved exclusively for women. The post which is meant for open competition (general) cannot be allowed to the petitioner it is exclusively meant for local candidates. The representation submitted by the petitioner on 05.02.2019, requesting consideration of his candidature under the / ,/ open category, was rightly disposed of by the District Medical and Health Officer through orders dated 23.02.2019. The candidature of the petitioner was considered only by following the circular memo referred supra. As per the Rule 22 (2) (E) (j) the rule of Special representation shall be applicable for appointment if the number of posts born on the cadre, category or grade is more than one (01) and hence, it is mandatory to apply roster while filling up of the notified 07 posts. It is not the case that denying the merit of the petitioner, respondent authorities selected someone else with a lesser merit. The selection of candidates is made on merit as per the merit cum roster by observing A.P.Public Employment (Organization of Local cadre and Regulations of direct recruitment) order contained in the A.P. Presidential Orders, 1975 and subsequent 10 instructions issued by the Government from time to time. The petitioner belongs to Non-Local and the first Roster point No.01 OC-W is allotted to open category (for which local and Non-Local candidates can compete) terms of Circular in Memo.No.46614/Ser.A/2005-1, dated 27.05.2005 and in accordance with the Rule 22 (a)(e) of A.P.State and subordinate Service Rules, 1992 and adjusting the meritorious candidate of Non-Local Candidate in the next OC-G vacancy under roster point No.3 is against the Rules 22 Special Representation (Reservation) of the A.P.State and subordinate Services Rules, 1992 and it violates the six point formula enunciates in the Presidential Order 1975. In the light of the aforesaid precise, the writ petition is dismissed. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- P VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// ! I OFFICER SE To. 1. One CC to Sri Vadapalli Ramesh, Advocate [OPUC] 2. Two CCs to GP for Services I, High Court of Andhra Pradesh 3. Two CCs to GP for Medical Health & FW, [OUT] 4. Two CD Copies [OUT] High Court of Andhra Pradesh Cnr Jl HIGH COURT DATED:09/07/2025 ORDER WP NO. 15338 OF 2019 I 2 2 AUG 2njf S Current Section . DISMISSING THE W.P WITHOUT COSTS