IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT Oi !»■ .V THE HONOURABLE DR JUSTICE K MANMADHA RAO^ WRIT PETITION NO: 1900 OF 2022 V Z Between: Shaik Mahammad Rafi, S/o. Sk Mogalali, aged 42 years, Occ; Physiotheraphist on Contract basis, O/o. Mandal Education Officer, Bhavitha Centre, Atmakur. SPSR Nellore District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Health Medical and Family Welfare Dept, Secretariat, Velagapudi, Guntur District. 2. The District Collector & Chairman, The District Selection Committee, SPSR Nellore District, at Nellore. 3. The District Co-Ordinator of Hospital Services, SPSR Nellore District Nellore. 4. Smt. Katta Shanti Priya, D/o. K. Sudkhakar Rao, R/o. Flat No. Vindur Road, Gudur, SPSR Nellore Dist. at 101, ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, order or direction more particularly one nature of WRIT OF MANDAMUS declaring the action of the may in the respondents contract service of herein in not awarding weightge marks for the Physiotherapist working under Rajiv Vidya Mission (SSA) on par with other contractual employees foNowing the Notification No. 1/2021 dt. 21.11.2021 and consequentialy selecting the Unofficial respondent No. 4 vide Proc.Rc.No.Spl/E2/DCHS/NLR/21-22, dt.21.1.2022 as illegal, arbitrary, discriminatory and contrary to the conditions of the notification and setaside the same in so far as unofficial respondent is concerned and consequentially the Hon'ble Court may pleased to declare that the petitioner is entitled for weightage marks for contract service rendered as Physiotherpist on contract basis on par with others and consequentially direct the official respondent to consider the case of the petitioner for appointment as Physiotherapist. lA NO: 1 OF 2022 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 official respondents herein not to fillup the post of Physiotherapist on outsourcing basis which was notified following the Notification No. 1/2021, dt. 21.11.2021 pending disposal of Writ Petition. Counsel for the Petitioner: SRI M.R.TAGORE Counsel for the Respondent Nos.1 & 2: GP FOR SERVICES-IV Counsel for the Respondent No.3: SRI JAGADISH KUMAR BATCHU Counsel for the Respondent No.4: The Court made the following: ORDER r 1 APHC010030162022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] THURSDAY ,THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 1900/2022 Between: Shaik Mahammad Rafi ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.M R TAGORE Counsel for the Respondent(S): 1.GP FOR SERVICES IV 2.JAGADISH KUAMAR BATCHU The Court made the following: ORDER This petition is filed under Article 226 of the Constitution of India for the following relief:- .to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in not awarding weightage marks for the contract service of Physiotherapist working under Rajiv Vidya Mission SSA on par with other contractual employees following the Notification No.1/2021 dt 21.11.2021 and consequently selecting the Unofficial respondent No. 4 vide Proc Rc.No.Spl/E2/DCHS/NLR/2122 dt 21.1 2022 as illegal, arbitrary, 2 A discriminatory and contrary to the conditions of the notification and set aside the same in so far as unofficial respondent is concerned and consequentially the Honble Court may pleased to declare that the petitioner is entitled for weightage marks for contract service rendered as Physiotherapist on contract basis on par with others and consequentially direct the official respondent to consider the case of the petitioner for appointment as Physiotherapist and may pass...". The case of the petitioner in brief is that the 3"'^ respondent issued Notification No.01/2021, dated 21.11.2021 to fill up various posts such Pharmacists Grade.ll, Lab Technicians, Jr. Asst, Lab Attendant etc., including the post of Physiotherapist on out-sourcing basis in the APWP Hospitals of SPSR Nellore District and accordingly, one post of Physiotherapist was notified on out sourcing basis on payment of Rs.17,500/- In the note column of the notification, it is clearly mentioned that the employees working even in 104 (Mobile Medical Units), HDS/CDS/Aarogyasri HCT, Trauma care. APSACS, NHM and other GOI schemes who are appointed in contract/out sourcing basis through District Selection Committee or appropriate selection process which ever is applicable under the control of the Director of Public Health and Family Welfare/Commissioner of APWP/DME allowed for weightage marks. Accordingly, all contract or out sourcing employees are entitled for weightage marks. The respondents have prepared a provisional merit list and the petitioner name was illegally placed at SI.No.10 by awarding only 53.71 without giving 15 marks as service weightage marks. Further mentioned that the application was with held for not submitting AP physiotherapist Federation Registration Certificate and called objections. If 15 marks for service was 2. as 3 m added the petitioner marks would be 68.31 and his name will be at SI.No.1. Hence, the petitioner has submitted a representation on 28.12.2021 with a request to consider the AP Physiotherapist’s Federation Registration Certificate and also requested to add 15 marks for service weightage as the petitioner is having 10 years experience as Physiotherapist on contract basis at SSA. Later, a final merit list of Physiotherapist was prepared vide rd Rc.No.Spl./E2/Recruitment/DCHS/NLR/2022, dated 20.01.2022 by the 3 respondent, wherein the name of the petitioner was placed at SI.No.5 instead of at SI.No.1 by awarding only 53.71/100 without awarding 15 marks as weightage for contract services. Thereafter, the petitioner has raised objections. But, without considering the same, a provisional list was prepared vide Rc.No.Spl/E2/DCHS/NLR/21-22, dated 21.02.2022 wherein illegally selected the 4*" unofficial respondent for the post of Physiotherapist on out sourcing basis. When a Notification was issued on 01.10.2020 in East Godavari District for the posts of Physiotherapist on contract basis and when the authorities have not awarded weightage marks for contract services in Rajiv Vidya Mission, W.P.No.24274 of 2020 was filed and this Court in W.P.No.24274/2020 directing the respondents therein not to fill up two notified posts of Physiotherapists. Hence, the present Writ Petition was filed. Counter affidavit was filed by 3"'' respondent. In the counter 3. affidavit it is stated that in G.O.Rt.No.301, HM & FW (B1) Department, dated 20.06.2020, Government of Andhra Pradesh repeal the orders issued in i 4 G.O.Rt.No.298, HM & FW (B1) Department, dated 16.06.2020 and restore the orders issued in G.O.Ms.No.163 Hm & FW (B1) Department, dated 12.09.2019 and accord the weightage for recruitment of CAS, Dental Surgeons, Staff Nurses, Lab Technicians and Pharmacists to the staff working in 104 (Mobile Medical Units) and also working in FIDS/CDS/Aarogya Sri FICT, Trauma, Care, APSACS, NHM and other GOI schemes who are appointed on contract/outsourcing basis through District Selection Committee or appropriate selection process whichever applicable under the control of Director of Public Flealth and Family Welfare/Commissioner of A.P.V.V.P/Director of Medical Education in addition to the categories allowed for weightage in the Government Memo, dated 16.11.2018. It is further stated in the counter affidavit that the writ petitioner submitted the Physiotherapist’s federation registration certificate and requested to add 15 marks for service weightage 10 years of experience on contract basis of SSA. A final Merit List displayed in the website wherein the experience services of the petitioner not considered as the writ petitioner exercised his service in the SSA in the Education Department as per the guidelines contained in G.O.Rt.No.301 FIM and FW (B1) Department, dated 20.06.2020. was was Reply affidavit was filed by the petitioner, it is stated that the petitioner was selected 4. wherein and appointed as Physiotherapist on contract basis vide Rc.No.1007A/A4/RVM(SSA)2010, dated 23.11.2010 by the Project Officer, Rajiv Vidya Mission (SSA), SPSR Nellore District and the said appointment was made after note approval by the 5 District Collector, SPSR Nellore District as he is the vice chairman of RVM(SSA) of SPSR Nellore District. It is further stated in the reply affidavit that the petitioner also submitted a valid service certificate issued by the competent authority. Therefore, the petitioner is entitled for full weightage marks. As seen from the proceeding sheet, this Court on 25.01.2022, 5. has issued an interim direction that any appointment to the post of Physiotherapist pursuant to the Notification No.1, dated 21.11.2021, shall be subject to further orders. Heard Mr M.R.Tagore, learned counsel for the petitioner and the 6. learned Government Pleader for Services-IV appearing for the respondents. On hearing, learned counsel for the petitioner submits that the 3 rd 7. respondent issued Notification No.01/2021, dated 21.11.2021 to fiti up various posts such as such as Pharmacists Grade.II, Lab Technicians, Jr. Asst, Lab Attendant etc., including the post of Physiotherapist on out-sourcing basis in the APWP Hospitals of SPSR Nellore District and accordingly, one post of Physiotherapist was notified on out sourcing basis on payment of Rs. 17,500/- In the note column of the notification, it is clearly mentioned that the employees working even in 104 (Mobile Medical Units), HDS/CDS/Aarogyasri HCT, Trauma care, APSACS, NHM and other GOI schemes who are appointed in contract/out sourcing basis through District Selection Committee or appropriate selection process which ever is applicable under the control of 6 the Director of Public Health and Fannily Welfare/Commissioner of APWP/DME are allowed for weightage marks. Note paragraph of the said Notification is usefully extracted here under:- NOTE:- ‘‘Employees working in 104, (Mobile Medical Units), HDS/CDS/Aarograsri HOT, Trauma care, APSACS, NHM and other GOI schems who are appointed in contract/out sourcing basis through District Selection Committee or appropriate selection process which ever is applicable under the control of the Director of Public Health and Family Welfare/Commissioner of APVVP/DME allowed for weightage marks”. 8. The learned counsel submits that as per the notification, the petitioner applied to the post of Physiotherapist bringing to the notice of the authorities that he possessed AP Physiotherapist’s Federation Registration Certificate and he is having 10 years experience as Physiotherapist on contract basis at SSA. But, without considering the same, final merit list of Physiotherapist was prepared by the 3^^ respondent vide Rc.No.Spl./E2/Recruitment/DCHS/NLR/2022, dated 20.01.2022, wherein the name of the petitioner was placed at SI.No.5 instead of at SI.No.1 by awarding only 53.71/100 without awarding 15 marks as weightage for contract services. Though the petitioner has raised objection to the said final list, but without considering the said objections, a provisional list was prepared vide Rc.No.Spl/E2/DCHS/NLR/21-22, dated 21.02.2022 wherein illegally selected the 4**' unofficial respondent for the post of Physiotherapist on out sourcing 7 basis. The learned counsel further submits that as the petitioner worked 10 years as Physiotherapist on contract basis at SSA, he is entitled for weightage marks as per the notification, dated 21.11.2021. But, without adding the weightage marks, the petitioner was placed at SI.No.5 by awarding only 53.71 marks, which is illegal and arbitrary. Hence, the learned counsel for the petitioner requests to pass appropriate orders. 9. Whereas, the learned Government Pleader for Services-IV appearing for the respondents submits that as the petitioner exercised his service in the SSA in the Education Department as per the guidelines contained in G.O.Rt.No.301 HM and FW (B1) Department, dated 20.06.2020 the request of the petitioner was not considered. Hence, the learned Government Pleader opposed for grant of any relief in this Writ Petition and prayed to dismiss the same. 10. Perused the record. On perusal of the record, it appears that as this Court has granted an interim direction in favour of the petitioner, directing that any appointment 11. to the post of Physiotherapist shall be subject to further orders and as the petitioner worked as Physiotherapist on contract basis at SSA for 10 years, in the opinion of this Court, the petitioner is entitled for weightage marks as per the notification, dated 21.11.2021. 12. Hence, considering the submissions of the learned counsel for the petitioner and the learned Government Pleader for Services-IV, the official 8 respondents are directed to consider the case of the petitioner for appointment to the post of Physiotherapist by awarding weightage marks for the contract service rendered by the petitioner under Rajiv Vidya Mission (SSA). With the above directions, the Writ Petition is allowed. There shall 13. be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// 1^ SECTION OFFICER To, 1. The Principal Secretary, Health Medical & Family Welfare Dept, State of Andhra Pradesh Secretariat, Velagapudi, Guntur District. (BY RPAD) 2. The District Collector & Chairman, The District Selection Committee, SPSR Nellore District, at Nellore. (BY RPAD) 3. The District Co-Ordinator of Hospital Services, SPSR Nellore District, at Nellore. 4. Smt. Katta Shanti Priya, D/o. K. Sudkhakar Rao, R/o. Flat No. 101, Vindur Road, Gudur, SPSR Nellore Dist. 5. One CC to Sri M.R.Tagore Advocate [OPUC] 6. Two CCs to GP for Services-IV, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. gi HIGH COURT DATED:13/03/2025 ORDER WP.No.1900 of 2022 'x 19 MAR 2025 I ''Q, ^ ^ . Current aecuon ALLOWING THE WRIT PETITION WITHOUT COSTS