APHC010518272017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3541] TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 2946/2017 Between: 1. GOGINENI KISHORE KUMAR,, S/O. VENKATASUBBARAO, AGE 28 YEARS, R/O. D.NO.10-23,MULAPURU POST, AMARTHALURU MANDAL,GUNTUR DISTRICT. 2. KATTEPOGU CHINA SAMBAIAH,, S/O. VENKAIAH,AGE 25 YEARS, R/O.KAZA VILLAGE,MANAGALAGIRI MANDAL, GUNTUR DISTRICT. 3. VALISETTY RAJA,, S/O. SRINIVASRAO, AGE 27YEARS, R/O. D.NO.2-185,NARAMALAPADU POST, KAREMPUDI MANDAL,GUNTUR DISTRICT 4. SHAIK NIZAMUDDIN,, S/O. SHAIK NIZAMUDDIN, AGE 28 YEARS, R/O. D.NO.1-127-32/1, TANKASALA STREET, NAZERPET, TENALI,GUNTUR DISTRICT. 5. GUNTURTU VENKATESWARA RAO,, S/O. NAGESWARA RAO, AGE 36 YEARS, R/O. D.NO.5-88,ANATHAVARAM POST, THULURU MANDAL,GUNTUR DISTRICT. 6. BITRA SATYA PRASAD,, S/O. SATYANARAYANA, AGE 28 YEARS, R/O. D.NO.5-542, GANAPATHI NAGAR, ATMAKURU VILLAGE,OPP. MANGALAGIRI MANDAL, GUNTUR DISTRICT. 7. SK.JANI BASHA,, S/O.BABAVALI, AGE. 30 YEARS, R/O.D.NO.4- 56,VADAMUDI(P),CHEBROLU (M), GUNTUR DISTRICT ...PETITIONER(S) 2 RRR,J & JS,J W.P.No.2946 of 2017 AND 1. THE HIGH COURT OF JUDICATURE AT HYDERABAD, FOR THE STATES OF ANDHRA PRADESH AND THE STATE OF TELENGANA REP BY ITS REGISTRAR(ADMINISTRATION), HYDERABAD-2. 2. THE HIGH COURT OF JUDICATURE AT HYDERABAD, FOR THE STATES OF ANDHRA PRADESH AND THE STATE OF TELANGANA REP BY ITS REGISTRAR(RECRUITMENT), HYDERABAD-2. 3. THE DISTRICT AND SESSIONS JUDGE COURT REP BY ITS, PRINCIPAL DISTRICT AND JUDGE, GUNTUR,GUNTUR 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 toto issue an appropriate writ, order or direction more particularly one in the nature of Writ of Certiorari (a) to call for the records relating and pertaining to the entire selection process of Office Subordinates (Attendars) notification No. 09 /2011 /A. P. L. G . S, dated on 22.10.2011 in A.P. Last Grade Service in the Unit of District Judge, Guntur, Guntur District cancelling the vide impugned letter R.O.C.No. 815/2011-Rc, dated 3.8.2016 of the 2nd respondent by mentioning on administrative grounds is illegal, arbitrary, violative of Art 14, 16 and 21 of the Constitution of India and contrary to the law laid down and the impugned order is liable to be quashed along with the consequential Cancellation Notification dated 9.08.2016 of the 3rd respondent and (b) consequently direct the respondent authorities to consider the candidature of the petitioners for appointment of 60 posts as Office Subordinates (Attendar) notification No. 09/2011/A.P.L.G.S, dated on 22.10.2011and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. IA NO: 1 OF 2017(WPMP 3466 OF 2017 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 respondent authorities to consider the candidature of the petitioners for appointment of 60 posts as Office Subordinates (Attendars) notification No.09/2011/A.P.L.G.S, dated on 22.10.2011 in A.P. Last Grade Service in the Unit of District Judge, Guntur, Guntur District by suspending the impugned letters R.O.C. No. 815/2011-RC dated 03.08.2016 of the 2nd respondent 3 RRR,J & JS,J W.P.No.2946 of 2017 along with the consequential Notification dated 9.08.2016 of the 3rd respondent, and pending disposal of the writ petition IA NO: 2 OF 2017(WPMP 3467 OF 2017 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 respondent authorities not to re-notify for the process of recruitment of 60 posts of Office Subordinate (attenders) by direct recruitment in the unit of the District Judge, Guntur District, pending the writ petition, and pending disposal of the writ petition IA 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 pleased to review the order dated 16-03-2023 passed in WP.No. 2946 of 2017 by setting aside the same and pass Counsel for the Petitioner(S): 1. VIVEKANANDA VIRUPAKSHA Counsel for the Respondent(S): 1. A JAYANTHI 4 RRR,J & JS,J W.P.No.2946 of 2017 The Court made the following Order: (per Hon’ble Sri Justice R. Raghunandan Rao) The petitioners herein, had applied for the post of Office Subordinates in pursuance of the Notification bearing No.09/2011/A.P.L.G.S, dated 22.10.2011, issued by the 3rd respondent. After the selection process, the petitioners were issued call letters for verification of original certificates and for interview. After the completion of the interview, the petitioners were placed in the selected list, which was sent to the High Court for approval. 2. Thereafter, the notification itself came to be cancelled by the 3rd respondent, on 09.08.2016, based upon a letter sent by the 2nd respondent, dated 03.08.2016, with a direction to cancel the notification and the selections. 3. The petitioners, being aggrieved by the said cancellation proceedings, have approached this Court, by way of the present Writ Petition. 4. Similarly situated persons, who had been selected, in the notifications issued by the 3rd respondent, for other posts in the unit of the 3rd respondent, had also approached this Court, by way of W.P.No.8648 of 2019 & batch as well as W.P.No.14124 of 2024. 5. A Division Bench of this Court, by an Order, dated 10.05.2024, in W.P.No.8648 of 2019 & batch, had set aside the orders of cancellation and directed the respondents to take the process of selection to its logical conclusion and issue appropriate orders within a period of two (02) months. 5 RRR,J & JS,J W.P.No.2946 of 2017 6. Following the said judgment, another Division Bench of this Court, by an Order, dated 07.05.2025, in W.P.No.14124 of 2024, issued similar directions. 7. Smt. A. Jayanthi, learned Standing Counsel appearing for the respondents, would submit that, about 10 years have elapsed since the cancellation of the selection process and new selection process had already been initiated, wherein the posts that are sought to be occupied by the petitioners herein, have also been notified under Notification No.10 of 2025, issued by the 3rd respondent, on 06.05.2025. 8. In view of the judgments of the earlier Division Benches of this Court, mentioned above, the present Writ Petition would have to be disposed of, in terms of the said orders. The fact remains that the Writ Petition had been filed in the year 2017 itself and has been kept pending since then before this Court. In such circumstances, this Court cannot hold that, there was any inordinate delay on the part of the petitioners in approaching this Court. 9. In the circumstances, the issuance of a fresh notification cannot preclude the petitioners from obtaining the benefit, which has been given to the other candidates, who had participated in the very same selection process. 10. For the aforesaid reasons, this Writ Petition is disposed of, by setting aside the impugned letters, dated 03.08.2016 & 09.08.2016, issued by the respondents 2 & 3 respectively, being unsustainable in law. The respondents 6 RRR,J & JS,J W.P.No.2946 of 2017 are directed to take the process of selection to its logical conclusion and issue orders of appointment in accordance with merit within a period of two months. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J _____________________ SUMATHI JAGADAM, J Date:08.07.2025 KPV 7 RRR,J & JS,J W.P.No.2946 of 2017 210 THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO AND THE HON’BLE SMT. JUSTICE SUMATHI JAGADAM WRIT PETITION No:2946 of 2017 (per Hon’ble Sri Justice R. Raghunandan Rao) 08.07.2025 KPV