IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 16007 OF 2024 Between: Sk. Mahammad, S/o.Shaik Madar Saheb, Aged about 56 Assistant, Senior Civil Judge Court, Kavali Town, S.P.S.R. Nellore District. Working on deputation in IV Additional District Judge Court, Nellore. years. Senior ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its. Principle Secretary Government, Department of Law and Legislative Affairs, Secretariat, Velagapudi, Guntur District. Amaravati. 2. The Registrar, Administration High Court Amaravathi. 3. The Principal District Judge, Nellore, S.P.S.R. Nellore District Andhra Pradesh Amaravathi. to of Andhra Pradesh ...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 ■: *■ |atur^of VVRIT OF MANDAMUS declaring the action of the respondents \ \ ^not Considering the promotion of the petitioner from senior assistant to in % superintendent as arbitrary. Illegal, unjust, unconstitutional due to violation of Article 14,19 and 21 apart from violation of principles of natural justice and consequently direct the 2 nd respondent to give clearance to the clarification letter in Dis No 4670 Dated 20-09-2023 submitted by 3 respondent. rd lA 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 to direct the 3'^^ respondent to Hon’ble Principal District Nellore to issue promotion proceedings immediately subject to the result of the order of the Hon’ble Court. Counsel for the Petitioner: DR G.V. RAVI Counsel for the Respondent No.1; GP FOR SERVICES I Counsel for the Respondent Nos.2 & 3: M/S B. VASANTHA LAKSHMI The Court made the following: Judge, to the petitioner 14. APHC010316002024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3525] TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 16007/2024 Between: Sk. Mahammad ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. DR G V RAVI Counsel for the Respondent(S): 1.B VASANTHA LAKSHMI 2.GP FOR SERVICES I The Court made the following order: (perHon’ble Sri Justice R. Raghunandan Rao) The petitioner, who had been appointed under the compassionate scheme, on 19.06.1989, had been promoted from time to time. The petitioner states that he had completed Bachelor of Arlts Degree in the year 1994 and Bachelor of Law Degree in the year 1999. 2. The complaint of the petitioner is that he was declared to be ineligible from the post of Senior Assistant to Superintendent, by way of proceedings, dated 04.09.2023. The petitioner is said to have been declared ineligible on the ground that he had no prior permission for pursuing his B.A. 2 RRR, J & Dr. KMR, J <3 W.P.No.16007 of 2024 Degree and that the prior permission obtained by him from the Learned Principal District Judge, Nellore, for pursuing his Bachelor of Law Degree, is also not in accordance with the regulations. The petitioner is said to have made a further representation to the Principal District Judge, Nellore regarding his eligibility and fresh proceedings, dated 19.09.2023 issued by the Principal District Judge. In these proceedings, the Principal District Judge had observed that the Staff Association had been has placed a memo bearing No.27024/4/2018/SER.C/2018-1. dated 16.03.2018, in aid of the petitioner and that a letter instructions regarding the applicability of such was being addressed to the High Court seeking a memo to enable the Thereafter, the a letter, dated 20.09.2023, asking promotion of the petitioner to the post of Superintendent. Principal District Judge is said to have sent for clarification. 3. The petitioner contends that the Government, clarified that memo, in question, issued by the permission for pursuing further education can be obtained from the Appointing Authority itself. The petitioner contends that since the Appointing Authority was the Principal District Judge, the obtained by the petitioner for permission pursuing his Bachelor of Law Degree is in accordance with the regulations. 4. The petitioner now contends that two sets of his juniors have been promoted and that his promotion has been clarification has not been i kept in abeyance as sued by the High Court. The learned counsel for IS 3 RRR, J & Dr. KMR, J W.P.No.16007 of 2024 the petitioner would also submit that various other employees, who had pursued further education, without prior permission, had approached the High Court, on the administrative side, and the High Court, by proceedings, dated 06.01.2025, had ratified the acquistion of higher degrees and directed the Appointing Authority to enter the acquistion of such educational qualifications in the service registers of the said employees. The learned counsel for the petitioner would submit that even this ground, the petitioner’s acquistion of higher educational qualification should be ratified and the promotion of the petitioner should be cleared. 5. on 6. The 3^^ respondent has filed a counter affidavit stating that the regulations in force, more specifically, the Memoranda of the Government of Andhra Pradesh, bearing Memo Nos.609/Ser-C/78-1, General Administration (Ser.C) Department, dated 06.04.1978 and 74/Ser-C/82-1 General Administration (Ser.C) Department, dated 01.02.1982, require prior permission from the Heads of Departments for acquistion of further educational qualifications. The fur1:her contention of the respondent is that the application of the memoranda, cited by the petitioner, would at best, ratify the acquisition of Bachelor of Law Degree, while the acquisition of the Bachelor of Arts Degree cannot be ratified under this memoranda and an appropriate application is necessaiy to the High Court for ratification. 4 41 RRR, J & Dr. KMR, J W.P.No.16007 of 2024 The learned counsel for the pcjtitioner, in reply, submits that the petitioner has already made an application for ratification to the High Court, on 11.02.2025. 7. In view of the contentions raised by both sides, it would be appropriate to dispose of this Writ Petition with the following directions: 1) The 2"'^ respondent shall place the representation of the petitioner, before the appropriate committee for consideration of the application of the petitioner for ratification of acquisition of higher educational clarification. 2) The post of Superintendent, kept vacant, on account of the earlier orders of this Court, shall be kept vacant till a decision is taken by the High Court in relation to the ratification sought by the petitioner. 3) In the event of such ratification being given, the petitioner shall be promoted to the post of Superintendent. 8. dated 11.02.2025, There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand SD/-GHELANA1DU ASSISTANT REGI^RAR SECTlHl^FlCER closed. //TRUE COPY// To. 1. The Principle Secretary to Government, State of Andhra Pradesh, Department of Law and Legislative Affairs, Secretariat, Velagapudi, Guntur District, Amaravati. 2. The Registrar, Administration High Court of Andhra Pradesh Amaravathi. 3. The Principal District Judge, Nellore, S.P.S.R. Nellore District, Andhra Pradesh Amaravathi. % 4. One CC to DR. G.V. RAVI, Advocate [OPUC] 5. One CC to SMT. B VASANTHA LAKSHMI 6. Two CCS to GP FOR SERVICES [OUT] 7. Three CD Copies Advocate [OPUC] - I, High Court Of Andhra Pradesh. sree <3? HIGH COURT DATED;29/04/2025 ORDER WP.No.16007 of 2024 ^^ANDH(q X 11 SEP OT ml¥ ^ Current Section . DISPOSING OF THE W.P. WITHOUT COSTS