APHC010450592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23757 OF 2025 Between: Dr.Syed Zeenath Begum, W/o Dr. M.Riyaz Baig, Aged about 47 years. Civil Assistant Surgeon Specialist, Area Hospital, Rayachoty - 516269. Annamayya District ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Medical and Health Department, Secretariat Buildings, Velagapudi, Amaravathi. 2. The Commissioner and Director, of Secondary Health Tadepalli, Guntur District 3. The District Coordinator, of Health Services (DCHS), Kadapa, Y.S.R. Kadapa District. " 4. The Medical Superintend, DCHS to Annamayya District at Rayachoty. ...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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in issuing the Proc.Rc.No.DSH-12/72/2025-MEDICAL, dated 30.05 2025 declaring the petitioner not eligible for declaration of probation and also to include her name in the seniority list of Civil Assistant Surgeon (Gynecology) till probation to be declared as illegal, improper, unjust arbitrary, contrary to State and Subordinate Service Rules and G.O.Ms.No.225 dated 18.05.1999, and consequently direct the respondents to consider the case of the petitioner for promotion to the post of Civil Surgeon Specialist duly declaring her probation. lA 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 to direct the respondents to consider the case of the petitioner for promotion to , the post of Civil Surgeon Specialist duly declaring her probation without reference the Proc.Rc. No. DSH-12/72/2025- MEDICAL, dated 30.05.2025 issued by the 2nd respondent pending disposal of the writ petition. Counsel for the Petitioner: SRI MAHADEVA KANTHRIGALA Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: APHC010450592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23757/2025 Between: ...PETITIONER Syed Zeenath Begum AND ...RESPONDENT{S) The State Of Ap and Others Counsel for the Petitioner: 1.MAHADEVA KANTHRIGALA Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.23757 of 2025 ORDER: In the present Writ Petition, the Petitioner is questioning the rejection of her claim for declaration of probation vide impugned Proceedings in Rc.No.DSH-12/72/2025-Medical dated 30.05.2025 and include her name in the Seniority List of Civil Assistant Surgeon (Gynecology). 2. The Petitioner was initially appointed as Civil Assistant Surgeon and thereafter she was selected for the post of Civil Assistant Surgeon in Gynecologist on 20.06.2011. As the Petitioner claims to have qualified in the Departmental Test, the Petitioner was absorbed into the Director of Secondary Health on 08.01.2024. However, her case for declaration of probation was rejected under the impugned order on the ground that the Petitioner did not qualify in the Language Test as required under Rule 13 of the Andhra Pradesh State and Subordinate Service Rules. Hence, the present Writ Petition is filed. 3. Learned counsel for the Petitioner would submit that as per Rule 14(c) of the A.P. State and Subordinate Service 3 Rules, exemption is provided for passing the Language Test for those who have crossed the age of 45 years. Having heard the respective counsel, though the impugned Order refers to Rule 14 (a) and (b) of the said Rules, 4. but the Sub Rule 14 (c) was conveniently not referred to. 5. Considering the Rule 14 (c) of the Andhra Pradesh State and Subordinate Service Rules, the Respondent Authorities are directed to reconsider the impugned Order dated 30.05.2025 vide Proceeding No.DSH-12/72/2025-MEDICAL and pass appropriate orders within a period of two (02) weeks from today. The Respondent Authorities are further directed to consider the case of the Petitioner for promotion to the post of Civil Surgeon Specialist. 6. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. 4 As a sequel, miscellaneous applications, if any, shall stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTIO^FFICER To, 1. The Principal Secretary, Medical and Health Department, State of AP Secretariat Buildings, V^gapudi, Amaravathi. 2. The Commissioner and Director of Secondary Health Tadep^, Guntur District 3. The District Coordinator, of Health Services (DCHS) Kada^, Y.S.R. Kadapa District. 4. The Medical Superintend, DCHS to Annamayya District at Rayachoty. 5. One CC to Sri. Mahadeva Kanthrig^ Advocate [OPUC] 6. Two CCs to GP for Services I, High Court of Andhra Pradesh [OUT 7. Two CD Copies gsc HIGH COURT DATED:09/09/2025 ORDER WP NO. 23757 OF 2025 ir'- 2 ^ SEP 2025 ^^Qtjfrent Secti»p>^^ DISPOSING THE WP WITHOUT COSTS