APHC010332642023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 17094/2023 Between: Yepparika Sarojini ...PETITIONER AND The State of A.P. and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. D S SIVADARSHAN Counsel for the Respondent(S): 1. GP FOR SERVICES III 2. GP FOR SERVICES II The Court made the following: ORDER: The present writ petition is filed seeking the following relief: “… to issue an appropriate writ, order or direction, more particularly, one in the nature of Writ of Mandamus declaring the actions of the Respondents in not filling up the notified/vacant posts in DSC, 2018 for the subject posts in Vizianagaram District under GPA and Tribal Schedule category, as illegal, arbitrary, discriminatory, unconstitutional and contrary to the settled principles of law and consequently, direct the Respondents to fill notified/vacant posts in DSC, 2018 for the subject posts in the Vizianagaram District and to pass….” 2. Heard Sri D.S.Sivadarshan, learned counsel for the petitioner and learned Assistant Government Pleader for Services-II appearing for the respondents. 2 CGR, J. W.P.No.17094 of 2023 3. Learned counsel for the petitioner submits that controversy involved in the present writ petition with respect to filling up of posts reserved in DSC, 2018, for Scheduled Tribe categories in the District of Vizianagaram is no more res integra and in as much as this Court in Maloth Vinod Kumari v. State of A.P1, followed in Dharavathu Sai Krishna Nayak v. State of A.P2, dealing with DSC, 2018 Notification for the Districts of East Godavari and West Godavari respectively, came to be allowed, following the same, he prays to pass similar order in this Writ Petition. 4. Learned Government Pleader for Services-II, by referring the counter-affidavit, tried to refute the aforesaid submission, however, has not disputed the factum of the orders passed by the co-ordinate Bench of this Court in Dharavathu Sai Krishna Nayak2, which later came to be implemented by respondents by Memo. No.ESE02-20021/51/2022- Rectment-CSE, dated 10.06.2023, with respect to West Godavari District. 5. The main controversy was with respect to implementation of reservations as envisaged in G.O.Ms.No.3 Social Welfare (TW.SER.II) Department, dated 10.01.2000, for the vacancies in Scheduled Tribe 1 Order, dated 13.09.2022, in W.P.No.4791 of 2022 (AP HC). 2 Order, dated 12.04.2023, in W.P.No.3356 of 2023 (AP HC). 3 CGR, J. W.P.No.17094 of 2023 areas to be filled up with the same category of persons, has been settled by the Hon’ble Apex Court in Chebrolu Leela Prasad Rao v. State of A.P3, by holding that there cannot be 100% reservation and at any rate in view of the law laid down in Indra Sawhney v. Union of India4 and other decisions, there is a cap of reservation not to exceed 50%. However, the Hon’ble Apex Court has saved the appointments, which have already been made and directed the State of Andhra Pradesh and the State of Telangana not to attempt a similar exercise in future. As the vacancies are of DSC, 2018, in Vizianagaram District, reserved for S.Ts., which were not filled up, the same also are deemed to be saved and thereby directions are sought for to fill-up the same. 6. This Court in Dharavathu Sai Krishna Nayak2 passed the following order: “1….. 2. Heard learned counsel for the petitioner and learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the issue involved in this Writ Petition is squarely covered by the orders of this Hon’ble Court in W.P.No.4791 of 2022 dated 13.09.2022. However, the operative portion of the said order reads as follows: “Having regard to the facts and circumstances of the case and in view of the submissions made by both the learned counsels and upon perusing the entire material available on record, this Court is of the considered opinion that, declaring the action of the respondents in not filling up 39 notified/ vacant posts in DSC-2018 for the subject posts in East Godavari under GPA and Tribunal Schedule category, as illegal. 3 (2021) 11 SCC 401 4 1992 Supp (3) SCC 212 = 1992 SCC (L&S) Supp. 479 4 CGR, J. W.P.No.17094 of 2023 Accordingly, the Writ Petition is allowed. The respondents are directed to fill 39 notified/ vacant posts in DSC 2018 for the subject posts in the East Godavari District within a period of eight (08) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.” 3. On the other hand, learned Government Pleader for the respondents furnished written instructions issued by the 4th respondent wherein it is stated that the case of the petitioner can be considered in view of the judgement rendered by this Court in W.P.No.4791 of 2022 dated 13.09.2022. He further submits that the said judgement was implemented in respect of East Godavari District and so, the District Educational Officer, Eluru to dispose of the representations of the petitioners in accordance with W.P.No.4791 of 2022 dated 13.09.2022. 4. Having regard to the submissions made by both the learned counsels, the respondents are directed to fill the reserved posts as notified in the notification, DSC 2018 in respect of West Godavari under GPA and Tribunal Schedule category within a period of eight (08) weeks from the date of receipt of a copy of this order. 5. Accordingly, the Writ Petition is allowed. There shall be no order as to costs” 7. Accordingly, the writ petition is allowed and the respondents are directed to fill-up the vacant posts notified for the Category of Scheduled Tribes under the DSC, 2018, with respect to Vizianagaam District, within a period of eight weeks from the date of receipt of a copy of this order. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. _____________________________ JUSTICE CHALLA GUNARANJAN Date:30.04.2025. cs