APHC010579652024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 30299/2024 Between: 1. V DANIEL VIJAYA RAJ, S/O V. PRABHUDAS, AGED 47 YEARS, OCC. SCHOOL ASSISTANT (ENGLISH), ZP HIGH SCHOOL, UYYALAWADA, ORVAKAL MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SECRETARY, MINISTRY OF DEFENCE 101A SOUTH BLOCK NEW DELHI 3. THE DIRECTOR GENERAL DG NCC, REPRESENTED BY ITS DIRECTOR GENERAL NATIONAL CADET CORPS DIRECTORATE RK PURAM IV NEW DELHI 110066 4. THE COMMISSIONER OF SCHOOL EDUCATION, IBRAHIMPATNAM, VIJAYAWADA, NTR DISTRICT, (OLD KRISHNA DISTRICT), ANDHRA PRADESH. 5. THE NATIONAL CADET CORPS NCC, GROUP HEAD QUARTER AP AND T S STATE REGION REPRESENTED BY ITS DEPUTY DIRECTOR GENERAL SECUNDERABAD TELANGANA 2 6. THE DISTRICT EDUCATION OFFICER, KURNOOL DISTRICT, KURNOOL, ANDHRA PRADESH. 7. THE REGIONAL JOINT DIRECTOR OF SCHOOL EDUCATION, KADAPA, YSR KADAPA DISTRICT 8. THE DISTRICT COLLECTOR KURNOOL, O/O KURNOOL COLLECTORATE BUDHAWARA PETA ALLURI SITARAMA RAJU NAGAR, KURNOOL 9. THE COMMANDING OFFICER, 28 ANDHRA BATTALION NCC KURNOOL ...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 an order, writ or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents not considering the petitioner NCC (B) Certificate to be appointed as Care Taking Officer (CTO) for the NCC Unit at ZPHS Hussainapuram, Orvakal(m) Kurnool is illegal, arbitrary, unjust, improper in violation of fundamental rights guaranteed under Article 14,19(1 )(g) and 21 of the Constitution of India and direct the respondents to appoint petitioner as CTO NCC officer at ZPHS Hussainapuram(v) Orvakal(m) Kurnool by taking consideration of his NCC (B) Certificate and establish NCC unit at ZPHS Hussainapuram, Orvakal(m) Kurnool with immediate effect (i) Set- aside the proceedings issued by Regional Joint Director of School Education Kadapa Vide Rc.No.1616/B2/2023 dated 09.08.2023 and pass such IA NO: 1 OF 2024 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 be pleased to direct the respondents to redeploy the petitioner service to ZPHS Hussainapuram, Orvakal as CTO NCC, School Assistant (English) pending disposal of the above writ petition in the interest of justice and pass such Counsel for the Petitioner: 3 1. PAMARTHY RATHNAKAR Counsel for the Respondent(S): 1. GP FOR SERVICES III 2. GP FOR SERVICES I The Court made the following: 4 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.30299 of 2024 ORDER : This writ petition is filed aggrieved by the action of the Respondents in not considering the Petitioner to be appointed as Care Taking Officer (CTO) at NCC Unit at ZPHS Hussainapuram, Orvakal Mandal, Kurnool District as illegal and arbitrary. 2. The Petitioner was appointed as School Assistant on 21.10.2009. While so, on 24.02.2014, the Petitioner was posted to ZPHS Hussainapuram, Orvakal Mandal, Kurnool District in the cadre of School Assistant. The Petitioner then made a representation on 17.06.2022 for consideration of his case to appoint him as CTO NCC in ZPHS, Hussainapuram, Orvakal Mandal, Kurnool District, however, the same was not considered. 3. Hence, the Petitioner filed W.P.No.40233 of 2022 and this Court by order dated 13.12.2022 disposed of the writ petition directing the Respondents to consider the case of the Petitioner. In the interregnum, as there was no NCC Unit, the Petitioner was compelled to take transfer as per the transfer policy and was transferred to ZPHS Uyyalawada, Orvakal Mandal, Kurnool. 5 4. Upon transfer, the Petitioner had got information about the establishment of NCC unit at ZPHS, Hussainapuram, Orvakal Mandal, Kurnool District and gave a representation to Respondent No.7 for posting at ZPHS, Hussainapuram. The same is rejected on 09.08.2023 on the ground that there is no NCC unit at ZPHS, Hussainapuram, Orvakal Mandal, Kurnool District. Hence, the present writ petition. 5. Learned counsel for the Petitioner submits that an NCC unit has now been established at ZPHS, Hussainapuram as per the information furnished under RTI 2005 and seeks for reconsideration of his representation for appointment as CTO NCC in ZPHS, Hussainapuram, Orvakal Mandal, Kurnool District. 5. Learned Assistant Government Pleader would reiterate the contentions in the impugned order and contends that the Petitioner cannot seek for posting as CTO in a particular post and it is prerogative of the Respondent. 6. Having heard the respective counsel, as NCC unit has been established at ZPHS, Hussainapuram, Orvakal Mandal, Kurnool District, the Respondents are directed to re-consider the case of Petitioner for posting as CTO at ZPHS, Hussainapuram, Orvakal Mandal, Kurnool District by taking note of the directive of the Ministry 6 of Defence, Government of India dated 12.09.2005, Memo No.14825/SE.Ser.IV-2/2005-3 dated 18.10.2005 and the common order of this Court in W.P.No.40605 and 40606 of 2022 dated 16.12.2022 and pass appropriate order thereon. 7. The writ petition is disposed of accordingly. No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 11.08.2025 KLP