St "V, APHC010436482023 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 22596 OF 2023 Between: 1. Seera Balakrishna, S/o.Demudu, Aged About 33 Years Occ. Horticulture Assistants Godia Village, Gantyada Mandal, Vizianagaram District 2. SivudayyaCherukupalli Horticulture Assistants S/o.Asiriyya Aged About 33 Years Chinnagudaba Village, Chinnagudaba Mandal Occ. Vizianagaram District 3. V.Raja Lakshmi Jetti, D/o.NokkaRaju Aged About 35 Years Horticulture Assistants Dist.531 126 4. Adapa Nagamani, D/o.Ramakoti, Aged About 35 Years Occ. Horticulture Assistants Dosakayalapalli Village, Korikonda Mandal, East Godavari District 5. SPR SrilaxnniPeetala, W/o.Gandhi E Rajubabu, Aged About 42 years Occ. Horticulture Assistants Vemagiri Village, Kadiyam Mandal District, Andhra Pradesh 6. Radha Devi Mangaturu, D/o.Simhachalam, Aged About35 Years Occ. Horticulture Assistants Gunupuripeta Village, Denkada Mandal, Vizianagaram District 7. Hari Krishna Pilla, s/o Chandraiah Aged About 35 Years, Occ. Horticulture Assistants Bethalapuram Village, Mandhasa Mandal, Sreekakulam District Andhra Pradesh Occ. Kadiam Village, Kadiam Mandal, East Godavari East Godavari ...Petitioners AND 1. The State Of Andhra Pradesh, Rep. by its PrI. Secretary, Agricultureand Co-operative Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 2. The Special Chief Secretary to the Govt, Agriculture and Co-operative Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 3. The Commissioner of Horticulture, Guntur, Andhra Pradesh. 4. Tffe District HorticultuYe Officer, Vizianagaram, Vizianagaram District. 5. The District Horticulture Officer, East Godavari, East Godavari 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 a Writ, Order or Direction/ more particularly one in the nature of Writ of Mandamus, declaring the Gazette Notification issued by the respondents 1 and 2 (Agriculture and Cooperation Department of Andhra Pradesh) dated 20-06-2020 vide G.O. Ms. No.64, Agriculture and Cooperation (H and S) for promotion as Horticulture Extension Officers from Horticulture Assistants excluding the 3 years B.Sc. candidates and also subsequent Memo dated 21-07-2023 issued by the Respondent No.3 is illegal, arbitrary, unjust and violative of Articles 14, 15,16 and 21 of the Constitution of India and set aside the same and consequently direct the respondents to consider the case of the petitioners for promotion to the post of Horticulture Extension Officer along with other similar Horticulture Assistants appointed in the same notification with all consequential benefits in the interest of justice. lA NO: 1 OF 2023 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 suspend Gazette Notification issued by the Agriculture & Cooperation Department of Andhra Pradesh dated 20-06-2020 vide G.O. Ms. No.64, Agriculture & Cooperation (H & S) and direct the respondents to consider the case of the petitioners for promotion to the post of Horticulture Extension Officer along with other similar Horticulture Assistants appointed in the same notification pending disposal of the above writ petition. Counsel for the Petitioners: SRI PAVULURI SREENIVASULU Counsel for the Respondents: GP FOR SERVICES II The Court made the following Order: APHC010436482023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Monday, The Fourteenth day of July, Two Thousand and Twenty Five Present The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 22596 of 2023 Between: Seera Balakrishna and others ...Petitioners and The State of Andhra Pradesh and others Counsel for the petitioners: I.Pavuluri Sreenivasulu Counsel for the respondents: I.G.P. for Services - II ...Respondents The Court made the following: 2 W.P.No.22596of2023 ORDER: This writ petition is filed under Article 226 of the Constitution of India to declare the gazette notification issued by the respondents No.1 and 2 vide G.O.Ms.No.64, Agriculture & Co-operation (H&S), dated 20.06.2020, excluding candidates holding degree in B.Sc. (three years) for promotion from Horticulture Assistant to Horticulture Extension Officer (in short ‘H.E.O.’) and also consequential Memo dated 21.07.2023 issued by the respondent No.3 as illegal, arbitrary and violative of Articles 14, 15,16 and 21 of the Constitution of India and set aside the same and consequently direct the respondents to consider the case of the petitioners for promotion to the post of H.E.O. along with other similarly appointed candidate^ in the same notification with all consequential benefits. 02. The case of the petitioners is briefly as follows: The petitioners studied B.Sc. (general) degree course. The notification was issued on 26.07.2019 for the recruitment of Village Horticulture Assistants (in short ‘V.H.A.’) through general recruitment by prescribing B.Sc. Horticulture / B.Sc. (Hons.) and diploma in Horticulture. The said qualification was relaxed in respect of the candidates who are qualified in B.Sc. degree or M.Sc. or B.Sc. (B.Z.C.) course from any recognized university in Andhra Pradesh and they were allowed to apply for the said post. On the basis of tests prescribed, on merits, the petitioners got the employment as V.H.As. Initially, there was a condition of two years probation period. After completion of the period, the services of the petitioners were regularized. While things stood so, a gazette notification was issued vide G.O.Ms.No.64, Agriculture & Co-operation (H&S), dated 19.06.2020 by the Agriculture A. 3 W.P.No.22596of 2023 and Co-operation Department of Andhra Pradesh to promote the V.H.As as H.E.Os. prescribing the qualifications as follows: (i) Must possess two years diploma in (from Dr. YSRHU/ANGRAU recognized university), (ii) Must possess four years B.Sc. Horticulture / B.Sc. (Hons.) Horticulture of a recognized university in the State or any other university accredited by the Indian Council of Agricultural Research (I.C.A.R.), Ministry of Agriculture and Farmers Welfare, Government of India, New Delhi. Horticulture B. Thus, the candidates, along with the petitioners, who had qualification in B.Sc. (general) were excluded from promotion to the post of H.E.O. Since the candidates possessing B.Sc. degree were posted along with the other candidates having qualification of diploma in Horticulture, the petitioners have become ineligible for getting opportunity of being promoted as the eligibility criteria was restricted with the qualification prescribed above. The petitioners provided any facility of acquiring diploma in Horticulture. The impugned gazette notification was issued with a mala fide intention to exclude the petitioners from being promoted and it also violates the right of equality. The petitioners and other similarly situated employees are denied of promotion forever. As such, this writ petition was filed. any were never 03. The learned counsel for the petitioners assisted by Ms.P.Keerthana, learned counsel submitted that the petitioners and other candidates who had B.Sc. general degree were also allowed to join the service and their service was also regularized, but when it comes to promotion, unreasonable condition of qualification mentioned without providing an opportunity to the petitioners to acquire was 4 W.P.No.22596 of 2023 diploma. He further submitted that since it is a regular course, it is not possible to get the diploma without the employer permitting the employees to acquire that qualification. Since the petitioners already completed service for about more than four years, they acquired the knowledge in the field of Horticulture though their basic degree is B.Sc. (general) and that some of the candidates have not only just degree in B.Sc. (general), but M.Sc. also and therefore, unless they are given promotional channel and opportunity either by permitting them to acquire the diploma or by considering existing degree qualification or post graduation qualification and skill acquired by them in the Horticulture during the course of their service, the petitioners could be deprived of their right to get promoted and they remain in the same cadre throughout their service to their detriment. The learned counsel for the petitioners further submitted that at least, the petitioners can be permitted to acquire such qualification within the stipulated period as that would provide remedy to the petitioners. 04. The respondents filed counter stating briefly as follows: The government is committed to revamp delivery systems in the state with an aim to improve living standards of the people through the concept of Navaratnalu as core theme of governance. With this objective, the government established system of Village Secretariats with required functionaries to strengthen Gram Panchayats and to provide services for every 2,000 population in rural areas in the state. The government gave one time relaxation regarding pre-requiremen t of framing / amendment of Service Rules in terms of Sub Clause-iv & ix of Clause-14 vide G.O.Ms.No.110, Panchayat Raj & Rural Development (MDL-I) Dept., dated 19.07.2019. Accordingly, the notification dated 26.07.2019, was issued for filling up of 4,000 V.H.A. posts on regular A. 5 W.P.No.22596 of 2023 basis. As per para 3 (A) of the notification, regarding relaxation in educational qualifications, reads that candidates with B.Sc. (B.Z.C.) / B.Sc. / M.Sc. with Horticulture as one of the optional subjects shall have to acquire two years diploma in Horticulture to get eligibility for promotion to the next cadre. Accordingly, 2,217 candidates including the petitioners were selected for the post of V.H.As. Further, the government vide G.O.Ms.No.64, Agriculture & Co-operation (H & S), dated 19.06.2020 issued amendments to the Andhra Pradesh Horticulture Subordinate Service Rules. In the said rules, at para No.4, the method of appointment and qualification prescribed for the post of H.E.O. and V.H.A. are as follows: SI. Category Name of the post Method of appointment Qualifications No. 1 Category-1 H.E.O. By promotion from the category-1 A V.H.A. 1. Must possess 2 years diploma in Horticulture (Dr. YSRHU/ANGRU) university. recognized (or) 2. Four years B.Sc. Horticulture / B.Sc. (Hons.) Horticulture of a recognized University in the State or any other University accredited by the Indian Council Research of Agricultural (I.C.A.R.), Ministry of Agriculture Welfare, Government of India, New Delhi. and Farmers 2 Category-1 (A) V.H.A. By direct The candidates having either of the following qualifications are recruitment 6 W.P.No.22596of2023 eligible for the post of Village Horticulture Assistant. 1. Must possess Four years B.Sc. Horticulture / B.Sc. (Hons) Horticulture of a recognized University in the State or any other University accredited by the Indian Council of Agricultural Research (I.C.A.R.), Ministry of Agriculture and Farmers Welfare, Government of India, New Delhi. 2. Must possess 2 years Diploma in Horticulture (from Dr.YSRHU/ANGRU) recognized. The regular universities offer three year B.Sc. (B.Z.C.) degree, whereas four year B.Sc. (Horticulture) and two years diploma in Horticulture are generally offered by agriculture / Horticulture / other universities accredited by Indian Council of Agricultural Research (I.C.A.R.). The comparison between two years diploma in Horticulture and three years B.Sc. (B.Z.C.) degree is as follows; B. Subjects of Diploma in Horticulture Subjects of B.Sc. (B.Z.C.) 1®^ year, 1®^ semester 1®* year 1 Fundamentals of Horticulture 1 English 2 Plant propagation and nursery management 2 Second language 7 W.P.No.22596 of 2023 Indian Heritage & Culture 3 3 Olericulture Botany 4 Fundamentals soil science 4 5 Farm power, Agricultural machinery and structures 5 Zoology 6 Farm management, agricultural finance and marketing 6 Chemistry 1®* year, 2"" semester 7 Tropical fruit culture Spices and plantation crops 8 9 Value added products of fruits and vegetables 10 Manures and fertilizers 11 Organic and inorganic chemistry 12 Diseases of horticultural crops and their management 13 Soil and water engineering 2"'* year, 1®* semester 2"'’ Year 14 Sub-Tropical and fruit culture 1 English 15 Commercial floriculture 2 Second language 16 Seed production, certification and varietal testing 3 Science & civilization 17 Principles of breeding of horticultural crops 4 Botany 18 Pest management of horticultural crops and apiculture 5 Zoology 19 Field diagnosis of Horticulture crops 6 Chemistry 2"'’ year, 2"" semester 3'’^ year 20 Post management of horticultural crops 1 Botany 21 Ornamental Gardening and landscape 2 Zoology 8 W.P.No.22596of 2023 architecture 22 Medicinal and aromatic crops cultivation Protected cultivation of vegetables and flowers 3 Chemistry 23 24 Dry land Horticulture and water shed management 25 Horticultural extension, teaching methods and communication skills. C. In these subjects, topics like seed selection, nursery management, soil suitability, soil & water management, farm mechanization, production technologies including disease and pest management of fruits, vegetables, spices, plantations, crops, protected cultivation, dry land Horticulture and water shed management, post harvest technology and value addition of fruits & vegetables etc., (both theory & practical) are taught. Further, communication skills and extension methods were also taught for better communication with farmers to convince them to take up new technologies to increase production, productivity & quality of Horticulture crops. The four year degree course in Horticulture has more intensive inputs / subjects on the above aspects of agriculture / Horticulture science. Hence, the candidates with diploma in Horticulture are better equipped to provide technical services to the farmers, whereas, the candidates with B.Sc. (B.Z.G.) do not have these skills. As one time relaxation only, during the first round of recruitment, the petitioners and other similarly situated candidates were appointed. In the notification dated 26.07.2019, it was clearly mentioned under the educational qualification that these candidates shall have to acquire two years diploma in Horticulture to get eligibility for promotion to the next cadre. The petitioners are challenging 9 W.P.No.22596 of 2023 90^- the vires of statutes i.e., service rules framed in the year 2020, which is not permissible under law. D. In the case of K. Devaiah and others Vs. Government of Andhra Pradesh in W.P.No.6833 of 2012 and batch cases, this Court vide judgment dated 09.05.2012, held that prescribing the eligibility qualifications is within the realm of the recruiting agency and as a policy matter, the said decision taken by the executive committee is not open for judicial review also appears well supported by a decision of the Supreme Court in Basic Education Board U.P. Vs. Upendra Ra\\ case, wherein it was held that the circular prescribing qualifications is a policy decision of the government and unless it is shown to be in violation of some statutory or constitutional provision, the Courts would not interfere with the policy decision. At para No. 15, it was held follows: as “Grant of equivalence and / or revocation of equivalence is an administrative decision which is in the sole discretion of the concerned authority, and the Court has nothing to do with such matters. The matter of equivalence is decided by experts appointed by the government, and the Court does not have expertise in such matters. Hence, it should exercise judicial restraint and not interfere in it.” E. In view of the above facts and circumstances, it is prayed to dismiss the writ petition. 05. There is no representation for the respondents. ^ (2008) 3 see 432 10 W.P.No.22596 of 2023 Basically, the challenge made is against the policy decision regarding qualification required for a post. Therefore, the respondents are the appropriate authorities to take suitable decision. They have to consider whether qualification required for promotion is a condition precedent or can be acquired on promotion enabling candidate to be promoted with a condition to acquire such qualification within the stipulated period. The candidates shall be provided with an opportunity to acquire such qualification while in service, or else, even if a candidate is promoted to a higher level with a condition to acquire such qualification, it becomes practically impossible unless an opportunity is available. 06. During the course of arguments, the learned counsel for the petitioners submitted that it may also be practically impossible to grant permission for about 1,400 candidates at a time to acquire such qualification on regular basis of study, leaving the office during the period of study. Therefore, the condition to acquire qualification in Horticulture is rendered practically impossible under the present set of conditions. Therefore, he submitted that it is necessary for the respondents to provide suitable / appropriate opportunity to the candidates who are employed basing on the qualification in B.Sc. (general) degree or M.Sc. (general), by providing training as a part of service. 07. 08. For this purpose, this Court is of the view that the petitioners can be permitted to make a representation to the respondents to offer relaxation of the condition or provide them promotion with a condition to acquire such qualification within the stipulated period by granting them necessary permission or providing them training or designing some other alternative mode of acquiring the skill. Upon such representation, 11 W.P.No.22596 of 2023 ^c<<cv the respondents shall take appropriate decision within three (03) months from the date of receipt of the representations from the petitioners. 09. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Interim orders granted earlier, if any, shall stand vacated. Pending miscellaneous applications, if any, shall stand closed. SD/- H NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER Co-operative Department, To, 1. The PrI. Secretary, Agriculture and Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 2. The Special Chief Secretary to the Govt, Agriculture and Co-operative Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 3. The Commissioner of Horticulture, Guntur, Andhra Pradesh. 4. The District Horticulture Officer, Vizianagaram, Vizianagaram District. 5. The District Horticulture Officer, East Godavari, East Godavari District. 6. One CC to Sri. Pavuluri Sreenivasulu, Advocate [OPUC] 7. Two CCs to GP for SERVICES II , High Court of Andhra Pradesh [OUT] 8. Two CD Copies vna HIGH COURT DATED:14/07/2025 ORDER WP NO. 22596 OF 2023 DISPOSING OF THE WRIT PETITION WITHOUT COSTS