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High Court of Andhra Pradesh · body

2025 DAILYLAW 23624 (AP)

D SOMASEKHAR v. The State of Andhra Pradesh,

WP/16721/2025 · 2025-07-06

Challa Gunaranjan

body2025

Judgment text

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APHC010333162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16721/2025 Between: 1. D SOMASEKHAR, D. SOMASEKHAR, S/O. LATE D. ADINARAYANA, AGED 30 YEARS, OCC UN-EMPLOYEE, R/O. D.NO.12-2214, TEACHERS COLONY, MADIGUBBA, ANANTHAPURAMU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE ANDHRA PRADESH PUBLIC SERVICE COMMISSION APPSC, REP. BY ITS SECRETARY, VIJAYAWADA. 3. THE DISTRICT SELECTION COMMITTEE, REP. BY ITS CHAIRMAN AND COLLECTOR, ANANTHAPURAMU. 4. THE DISTRICT COLLECTOR, ANANTHAPURAM, ANANTHAPURAMU DISTRICT. ...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 tomay be pleased to issue writ of mandamus or any other writ or order or direction declaring the action of the respondent Nos.2 to 4 in not issuing the appointment 2 HCGR,J W.P.No.16721 of 2025 orders to the petitioner for the post of Junior Assistant-cum- Computer Assistant, in spite of finding in the final selection of candidates for the post of Junior Assistant-cum-Computer Assistant (under Sports quota General) in pursuant to the selection held in terms of APPSC Notification No.23/2021 dt.19.12.2023 is illegal, arbitrary and consequently, to direct the respondents to appoint the petitioner as Junior Assistant-cum-Computer Assistant in pursuant to the notification and in terms of final merit list dt.19.12.2023 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 appoint the petitioner as Junior Assistant-cum- Computer Assistant in pursuant to the notification and in terms of final merit list dt. 19.12.2023, by considering the petitioner’s representation dated 27-08-2024, 07-10-2024, 21-10-2024 , 02-12- 2024, 24-02-2025 and 28-06-2025 pending disposal of the writ petition and pass such Counsel for the Petitioner: 1. N ASWARTHA NARAYANA Counsel for the Respondent(S): 1. GP FOR SERVICES I 3 HCGR,J W.P.No.16721 of 2025 The Court made the following_Order: Petitioner has applied for the post of Junior Assistant-cum- Computer Assistant in terms of Notification No.23 of 2021, dated 28.12.2021, issued by 2nd respondent. Petitioner applied under the vacancy notified for sports category for local candidates. After passing the preliminary examination held on 31.07.2022, main examination held on 04.04.2023, final marks of candidates came to be published, in which petitioner stood at Serial No.363. Later, the candidates who have been shortlisted under sports quota were called upon to furnish certificates for verification. Accordingly, the list of candidates selected came to be published on 17.11.2023, showing petitioner at Serial No.48, with a caution of notice that selection would be subject to verification of sports certificate by the Sports Authority. 2. Petitioner certificates came to be forwarded to the Sports Authority by 4th respondent vide proceedings dated 27.01.2024, for verification. Later, the District Sports Authority has communicated the 4th respondent by letter dated 29.02.2024, notifying that final priority list approved by the Government level committee, in terms of G.O.Ms.No.74, Youth Advancement, Tourism & Culture (Sports) Department, dated 09.08.2012, has in turn been communicated. However, now the 4th respondent has issued notice dated 26.06.2025 calling upon objections, if any, on tentative priority list 4 HCGR,J W.P.No.16721 of 2025 and in the said notice with respect to petitioner also objections were called for. 3. Petitioner has submitted objections on 28.06.2025, inter alia, stating that once the final list of candidates has been published and certificates have been verified, the question of once again calling for objections on the said candidates does not arise, besides raising other objections, including that of possibility of including other candidates with merit would deprive his right for selection. Therefore, he requested to forthwith conclude the selection process and issue appointment orders. The said objections are stated to be pending and no further action has been taken so far. 4. Heard Sri N.Aswartha Narayana, learned counsel for the petitioner, learned Assistant Government Pleader for Services-I for respondent Nos.1, 3 and 4 and Sri G.Seena Kumar, learned Standing Counsel for respondent No.2. 5. Learned counsel for the petitioner submits that though petitioner has been already subjected to various examinations, short listed and placed at Serial No.48, even after verification of the certificates, he cannot now be further scrutinized on the pretext of further scrutiny of final priority list. At any rate, as the petitioner has already submitted explanation, respondents are required to consider the same qua merit among the candidates already short listed. 5 HCGR,J W.P.No.16721 of 2025 6. Learned Assistant Government Pleader, on the other hand, submits that the process of selection is still going on, and as the 4th respondent has issued notice calling for objections, not only the objections raised by petitioner but all other objections received in pursuant to the same will be considered, and appropriate decision be taken in accordance with the norms provided under the recruitment notification. 7. In view of aforesaid submissions, without expressing any opinion on merits of the matter, with the consent of both the learned counsel, this Court deems it fit to dispose of the writ petition at the admission stage, by directing respondent Nos.3 and 4 to forthwith conclude the process of selection after considering the petitioner’s objections and any other objections received, in pursuant to notice dated 26.06.2025, and pass appropriate orders, in accordance with law, within a period of three (03) weeks from the date of receipt of a copy of this order. 8. Accordingly, 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: 07.07.2025 KBN