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2025 DAILYLAW 26622 (AP)

A. Nagaraju, v. The State of Andhra Pradesh,

WP/18018/2019 · 2025-06-29

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010376742019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18018/2019 Between: 1. A. NAGARAJU,, S/O. A. NARAYANA REDDY, AGED 39 YEARS, R/O. 2-101, O.C. COLONY, SATHANA KOTA, NANDI KOTKUR, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA. 3. THE COMMISSIONER OF HORTICULTURE, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA 4. THE DISTRICT SELECTION COMMITTEE, REP. BY ITS CHAIRMAN / DISTRICT COLLECTOR, KURNOOL DISTRICT. 5. THE ASSISTANT DIRECTOR OF HORTICULTURE, KURNOOL 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 topleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the impugned action of the respondents in denying selection of the petitioner for the post of Village Horticulture Assistants, notified in Notification No. 01/ Horti/2019 dated 26.07.2019 by not awarding Service Weightage Marks to the petitioner, inspite 2 of certification by concerned authorities, thereby selecting candidates with lesser marks than the petitioner as illegal, arbitrary and violative of Article 14 and 16 of the Constitution of India IA 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 pleased to direct the respondents to extend the Service Weightage Marks to the petitioner as certified by the concerned authorities and consider the petitioner, for appointment to the post of Village Horticulture Assistant, notified in Notification No. 01/ Horti/2019 dated 26.07.2019 pending disposal of the above writ petition Counsel for the Petitioner: 1. G V SHIVAJI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18018/2019 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…..to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the impugned action of the respondents in denying selection of the petitioner for the post of Village Horticulture Assistants, notified in Notification No.01/Horti/2019, dated 26.07.2019 by not awarding Service Weightage Marks to the petitioner inspite of certification by concerned authorities thereby selecting candidates with lesser marks than the petitioner as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India and pass …..” 2. Heard Ms. K.S.G.Padmavathi, learned counsel, representing Sri G.V.Shivaji, learned counsel for the petitioner and learned Government Pleader for Village and Ward Secretariats for the respondent Nos.1 to 5. 3. Learned counsel for the petitioner would submit that this petition is filed since the respondents denying the selection of the petitioner for the post of Village Horticulture Assistants notified in Notification No.01/Horti/2019, dated 26.07.2019 by not awarding service weightage marks to the petitioner despite the certification by concerned authorities. Learned counsel would further submit that respondents are selecting the candidates who secured less marks than the petitioner. 4 4. Learned Standing Counsel for the respondents would submit that the service weightage marks were already added to the petitioner in obedience to the request of the Commissioner of Horticulture, Andhra Pradesh, Guntur by the Commissioner of Panchayat Raj Department. Learned counsel would further submit that even after adding the service weightage marks, the petitioner could get 65.25 marks. Admittedly, he belongs to Open Competition (Local), for which the cut off marks is 84.50. 5. Learned counsel for the petitioner would submit that petition may be disposed of by passing appropriate orders. 6. Considering the submissions made and on perusal of the material on record the fact remains that even after adding the service weightage marks to the petitioner he could secure only 65.25, whereas the cut off for open category is 84.50. Viewed from any angle, this petition lacks merit. 7. In the result, the Writ Petition is dismissed. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 30.06.2025 SCS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.18018 of 2019 Dated.30.06.2025 SCS 190