Extracted from the PDF above. The PDF is authoritative.
K IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI APHC010359492019 f Or lo (Special Original Jurisdiction) o WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSANDAND TWENTYFIVE PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17111 OF 2019 Between:
1. Nara Hemalatha, D/o N .Ramachandra Aged about 39 years ,R/o 2-35, Vijayalakshmi Road, old Pet, Kuppam, KUPPAM-517425, Chittoor District N.Padma Sree, D/o N. Krishnaiah, 10-38,Jababana palli (v),Bommaiah palli post Vedurukuaapm mandal, Chittoor District- 517425
2. ...Petitioners AND The State of Andhra Pradesh, rep by its Principal Secretary, Panchayat Raj and Rural Development, Secretariat buildings, Velagapudi, Amaravathi The Director, Health and Family welfare, Vijayawada. The District Collector, Chairman, District Selection Committee, Chittoor, Chittoor District. The District Medical and Health Officer, Chittoor, Chittoor District. 1. 2. 3. 4. ...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 by declaring the action of the Respondents in refusing to
0^' accept the certificates of the petitioners for appointment to the post of Auxiliary Midwifery/Multipurpose Health Assistant (Female) (Grade III) on the %^rour1d that petitioners are possessing higher academic qualification '* equivalent degree in Nursing as illegal, arbitrary and violation of Article 14, 15 ‘ end 21 of Constitution of India and consequently direct the respondents to appoint the petitioners for the post of the Auxiliary Nurse Midwifery/Multipurpose Health Assistant (female) (Grade III) duly accepting petitioners degree i.e.. Bachelor Science, Nursing, General Nursing and Midwifery and equivalent degree in Nursing satisfying criterion. .. .f lA NO: 1 OF 2019 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 to direct the 2nd respondent to consider the appointment of the petitioners for Auxiliary Nurse Midwifery/multipurpose health Assistant (female) (Grade III) posts basing on Bachelor Science Nursing and general Nursing and Midwifery degree and equivalent degree in nursing as education qualification, pending disposal of the main writ petition. Counsel for the Petitioner: SMT. G N LIMA RANI Counsel for the Respondent Nos. 1 & 3: GP FOR PANCHAYAT RAJ & RURAL DEV Counsel for the Respondent Nos.
2 & 4: GP FOR MEDICAL HEALTH FW The Court made the following: ORDER
u APHC010359492019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17111/2019 [3396] Between;
. 1.NARA HEMALATHA, D/o.N.RAMACHANDRA, AGED ABOUT 39 YEARS ,R/0 2-35, VIJAYALAKSHMI ROAD,OLD PET KUPPAM KUPPAM-517425, CHITTOOR DISTRICT 2.N.PADMA SREE, Q/0 N. KRISHNAIAH (V),BOMMAIAH PALLI POST VEDURUKUAAPM MANDAL, CHITTOOR DISTRICT-517425 10-38, JABABANA PALLI ...PETITIONER(S) AND
1. STATE OF ANDHRA PRADESH, REP BY ITS SECRETARY, PANCHAYATRAJ AND RURAL T SECRETARIAT BUILDINGS, VELAGAPUDI,AMARAVATHI 2.THE DIRECTOR, HEALTH AND FAMILY WELFARE, VIJAYAWADA. 3.THE DISTRICT COLLECTOR, CHAIRMAN, DISTRICT SELECTION COMMIITTEE, CHITTOOR, CHITTOOR DISTRICT. 4.THE DISTRICT MEDICAL AND HEALTH OFFICER, CHITTOOR CHITTOOR DISTRICT. PRINCIPAL DEVELOPMENT, ...RESPONDENT(S): Counsel for the Petitioner(S): 1.GNUMARANI Counsel for the Respondent(S):
1.GP FOR MEDICAL Health fw(ap) 2.GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following:
ORDER; This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“....a writ of Mandamus, declaring the action of the Respondents in refusing to accept the certificates of the petitioners for appointment to the post of Auxiliary Nurse Midwifery/Multipurpose Health Assistant (Female) (Grade III) on the ground that petitioners are possessing higher academic qualification equivalent degree in Nursing as Illegal, arbiti;ary and violation of Article 14, 15 and 21 of Constitution of India and consequently to direct the respondents to appoint the petitioners for the post of the Auxiliary Nurse Midwifery/Multipurpose Health Assistant (female) (Grade III) duly accepting petitioners degree i.e.. Bachelor Science, Nursing, General Nursing and Midwifery and equivalent degree in Nursing satisfying criterion. ”
2. Heard Ms.G.N.Uma Rani,
learned counsel for the Petitioners learned Government Pleader for Medical Health and learned Pleader for Panchayat Raj and Rural Development.
3. It is represented by the learned counsel for the Petitioners and acceded to, by the learned Government Pleaders that the subject matter of this Writ Petition is squarely covered by the common order^ passed by a Coordinate Bench of this Court in W.P.Nos.15637 of 2019 and Batch, dated 21.10.2019, wherein it was held as follows;
“9. In view of the above legal scenario, this court deems it fit to direct the respondents to consider the petitioners to the post of Auxiliary Nurse Midwifery/Multipurpose Health Assistant (Female) (Grade III) since they possess higher qualifications than the qualifications that is required. Acquisition of higher qualification ought to be a boon and not a bane. ” Since the case of present Petitioners is similar to that of the Petitioners in the above batch of writ petitions, following the said Order passed by this Court in W.P.Nos. 15637 of 2019 and Batch, dated 21.10.2019 and taking into
consideration of the facts and circumstances of the case, this Court is inclined *% to allow the present writ petition. and Government
4.
5. In the result, the Writ Petition is allowed and the Respondents
directed to consider the Petitioners to the post of Auxiliary Nurse Midwifery / Multipurpose Health Assistant (Female) (Grade-Ill) since they possess higher qualifications than the qualifications required. There shall be no order as to costs. are Pending applications, if any, shall stand closed.
Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// OFFICER SE To,
1. The Principal Secretary, Panchayat T Secretariat buildings, Velagapudi, Amaravathi.
2. The Director, Health and Family welfare,
3. The District Collector, Chairman Chittoor District.
4. The District Medicai and Heaith Officer, Chittoor, Chittoor District.
5. One CC to Smt. G N Uma Rani, Advocate
6. Two CCs to GP for Panchayat Raj & Rural Pradesh. [OUT]
7. Two CCs to GP for Medical Pradesh. [OUT]
8. Three CD Copies Raj and Rural Development, Vijayawada. District Selection Committee, Chittoor, [OPUC] Dev, High Court of Andhra Health & FW, High Court of Andhra TF
m 4 .
HIGH COURT DATED:18/06/2025
ORDER WP 17111/2019 ' 0 8 JUL 2025 i Js^^i^entSectiopX* ''Sessisss^ o ALLOWING THE W.P., WITHOUT COSTS