IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12541 OF 2019 Between: 1. G.Jaganmohan Rao, S/o Late Giagannadham Aged 45 years, Asst.Librarian Siddhartha Medical College, Vijayawada Andhrapradesh. 2. P.Srinivasa Rao, S/oLate P.Surya Rao Aged 47 yrs. Assistant Librarian, Andhra Medical College, Visakhapatnam. 3. Sana Srinivasa Rao, S/o Pitchaiah, Aged 45 years. Assistant Librarian, ACSR Govt. Medical College, Nellore 4. K.Raghuramulu, Slo K.Lakshmiah, Aged 51 years. Assistant Librarian, S.V.Medical College, Tirupathi 5. G.Satyam Reddy, S/o.G.Lakshmi Reddy, Aged 55 years. Assistant Librarian, Kurnool Medical College, Kurnool. 6. R.Thyagaraju, S/o. R.Subbaramaiah, aged 47 Years, Assistant Librarian, S.V.Medical College.Tirupathi. ...PETITIONERS AND 1. The State of Andhra Pradesh, Represented by Principal Secretary to the Government, Health Medical and Family Welfare Department, Secretariat Building Velagapudi, Guntur District, Andhra Pradesh. 2. The Director of Medical Education, Government of Andhra Pradesh Hanumanpet, Vijayawada., Andhra Pradesh 3. Gummadu Venkataraju, S/d Late Krishna, age 59 years, NMD, Andhra Medical College, visakhapatnam 4. G.Someswara Rao, S/o. Late Suryanarayana, Age 50 years. Pharmacist Grade-ll, PHC, Govindapuram, Srikakulam District. 5. S.Venugopal, S/o. late Dhanunjaya Rao, Age 46 years, Lab Technician Grade-ll, PHC, Garladinne, Ananthapuram District. 6. T.Nagabhushana, S/o.late Jangamappa, Age 47 years, Lab Technician Grade-ll, PHC, K.B.Halli, Sri Sathyasai District, Puttaparthy. 7. P. Obireddy, S/o. P.Mysura^Reddy, Age 48 years, MPHS, DTBCO, Ananthapuram. 8. P.Vara Prasad, S/o. late Detnain, Age 51 years. Library Assistant, Andhra Medical College, Visakhapatnam. 9. N.Lucy Esther, W/o. M.Sreedhar, Age 48 years. Lab Technician Grade- ll, PHC, Thogaram, Srikakulam District. Respondent Nos. 3 to 9 impleaded as per Court Order dt.07.12.2023 Vide lA No. 1 of 2023 in WP No. 12541 of 2019. ...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 an order or direction more particularly in the nature of writ of mandamus to read down the note rule in GO MS No.207and pass such other order or orders deemed fit in the dt. 05.06.2008 or in the alternative to o declare the same alongside its implementation as arbitrary, illegal, unjust, contrary to the rule and in violation of fundamental rights guaranteed under Articles 14 apd of the Constitution of India and issue consequential directions to not provide for recruitment to the post of Librarian other than by promotion from Assistant Librarian may or direct recruitment and or read the second alternative as an alternative restricted to otherwise qualified librarians with less than two years. lA NO: 1 OF 2019 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 not fill up future vacancies by transfer from other categories during the pendency of this Writ. lA NO: 1 OF 2021 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 pass an interim stay of all further proceedings pursuant to the Circular issued by the 2nd respondent in Rc. No. 14126/E3.C/2018 , dated 21.06.2021 pending disposal of the writ petition in the interest of justice. lA NO: 2 OF 2019 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 take on file the subsequent development and the circular issued vide Rc. No. 14126/E3.C/2019 dated 17.09.2019 and suspend the circular issued vide Rc. No. 14126/^-C/2019 dated 17.09.2019 pending the writ petition. lA NO: 2 OF 2023 Between: 1. Gummadu Venkataraju, S/o Late Krishna, age 59 years, NMD, Andhra Medical College, visakhapatnam 2. G.Someswara Rao, S/o. Late Suryanarayana, Age 50 years. Pharmacist Grade-ll, PHC, Govindapuram, Srikakulam District. 3. S.Venugopal, S/o. late Dhanunjaya Rao, Age'46 years. Lab Technician Grade-ll, PHC, Garladinne, Ananthapuram District. 4. T.Nagabhushana, S/o.late Jangamappa, Age 47 years. Lab Technician Grade-ll, PHC, K.B.Halli, Sri Sathyasai District, Puttaparthy. 5. P. Obireddy, S/o. P^Mysura Reddy, Age 48 years, MPHS, DTBCO, Ananthapuram. 6. P.Vara Prasad, S/o. late Demain, Age 51 years, Library Assistant, Andhra Medical College, Visakhapatnam-— 7. N.Lucy Esther, W/o. M.Sreedhar, Age 48 years. Lab Technician Grade- II, PHC, Thogaram, Srikakulam District. ...PETITIONERS/RESPONDENTS IN W.P. AND 1. G.Jaganmohan Rao, S/o Late Giagannadham Aged 45 years. Asst.Librarian Siddhartha Medical College, Vijayawada Andhrapradesh. 2. P.Srinivasa Rao, S/o Late P.Surya Rao Aged 47 yrs, Assistant Librarian, Andhra Medical College, Visakhapatnam. 3. Sana Srinivasa Rao, S/o Pitchaiah, Aged 45 years. Assistant Librarian, ACSR Govt. Medical College, Nellore 4. K.Raghuramulu, S/o K.Lakshmiah, Aged 51 years, Assistant Librarian, S.V.Medical College, Tirupathi 5. G.Satyam Reddy, S/o.G.Lakshmi Reddy, Aged 55 years. Assistant Librarian, Kurnool Medical College, Kurnool. 6. R.Thyagaraju, S/o. R.Subbaramaiah, aged 47 Years, Assistant Librarian, S.V.Medical College Tirupathi. ...RESPONDENTS/PETITIONERS IN W.P. 7. The State of Andhra Pradesh, Represented by Principal Secretary to the Government, Health Medical and Family Welfare Department, Secretariat Building Velagapudi, Guntur District, Andhra Pradesh. 8. The Director of Medical Education, Government of Andhra Pradesh Hanumanpet, Vija9awada. Andhra Pradesh^.,^ ...RESPONDENTS/ RESPONDENTS 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 vacate the interim orders granted on 25-08-2021 in lA No. 1 of 2022 in WP.No. 12541 of 2019 and dismiss the WP. Counsel for the Petitioners: SRI K JYOTHI PRASAD Counsel for the Respondent Nos. 1 & 2: GP FOR SERVICES I Counsel for the Respondent Nos. 3 to 9: SRI C SRINIVASA BABA The Court made the following: ORDER 1 APHC010274912019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12541/2019 Between: ...PETITIONER(S) Gi.jaganunohan Rao, and Others AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S); 1.K JYOTHI PRASAD 2.. Counsel for the Respondent(S): 1.GP FOR SERVICES I 2.0 SRINIVASA BABA The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12541 of 2019 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “...to issue an order or direction more particularly in the nature of writ of mandamus to read down the note rule in G.O.Ms.No. 207and pass such other order or orders deemed fit in the dated 05 06 2008 or in the alternative to declare the same alongside its implementation as arbitrary, illegal, unjust, contrary to the rule and in volation of fundamental rights guaranteed under Articles 14 and 16 of the Constitution of India and issue consequential directions to not provide for recruitment to the post of Librarian other than by promotion from Assistant Librarian or direct recruitment and or read the second alternative as an alternative restricted to otherwise qualified librarians with less than two years and pass...” Heard Sri K. Jyothi Prasad, learned Counsel for the Petitioners and the 2. learned Assistant Government Pleader for Services-I for the respondents. Learned Counsel for the petitioners would submit that the petitioners are six (6) members who are working as Assistant Librarians in Government Medical Colleges all over Andhra Pradesh, for more than six (6) years. The Petitioners are initially appointed in Ministerial/Paramedical categories. Thereafter, they got promotion and were ultimately appointed as Assistant Librarians, by transfer during the period of 2015 to 2018. Learned Counsel 3. would further submit that the petitioners are seeking to declare the note in respect of method of appointment in G.O.Ms.No. 207, Health, Medial and Family Welfare(H) Department dated 05.06.2008 as contrary to the Rules and in violation of Fundamental Rights. Learned Counsel would further submit that the Assistant Librarian Post is feeder category for promotion to the post of Librarian (Gazetted). The Subordinate Service Rules Health (R1) dated 27.08.1979). Learned same are governed by the Andhra Pradesh Medical - Branch Ill-General (G.O.Ms.No. 565, Medical & Counsel would further submit that categories of Librarian and Assistant of Assistant Librarian or Recruitment reasons or by direct Class-V of the Rules deals with the Librarian which shows that by promotion by Transfer from any other category for special recruitment. The grievance of the petitioners is that the method adopted by the authorities in fiiiing up the post of Librarian in the Government Coiieges in the light of the note inserted vide G.O.Ms.No. 207 dated 05.06.2008 by including the cycle of three (3) G.O.Ms.No. 565. Learned Counsel the note to G.O.Ms.No. 207 i India since it amounts to treating the advantage to the vacancies which is not there in the Service Rules vide would further submit that the insertion of in violation of Article 14 of the Constitution IS of unequals as equais in giving unwanted persons who are working in lower post for the are holding higher post i.e., Assistant Librarian. Learned Counsel persons who would further submit that the note which iIS inserted is giving scope and facilitates jumping of scales and grades to the Ministerial employees who are far below the cadre of Librarians i that for the panel years 2009 to 2017 filled up from feeder the hierarchy. Learned Counsel would further in submit out of nine (9) posts only two (2) were category and other posts are filled up from other categories and one{1) post for direct recruitment. Learned Counsel finally be filled by promotion from the minimum feeder category i.e., Assistant Librarian only and the A.P submits that the post of Librarian should • Medical 4 Library Staff Association made several representations seeking amendment to the Rule-Ill but it was rejected by the Government vide memo dated 04.10.2013. Learned Counsel for the Petitioner would further submit that the note inserted in G.O.Ms.No. 207 is liable to be struck down by directing the respondents not to provide the recruitment for the post of Librarian other than from the feeder category i.e., Assistant Librarian or by Direct Recruitment but not by Transfer from any other category for special reasons. Learned Assistant Government Pleader for Services-I would submit that 4. Government have rightly inserted the note for doing proper justice to each category of the employees who can get the promotion to the post of Librarian (Gazetted). Learned Assistant Government Pleader would further submit that the post of Assistant Librarian is a unit post but the post of Librarian is a State Post. The Committee is constituted for selection of candidates as Librarian. Learned Assistant Government Pleader would further submit that the rationale behind inserting the note is to maintain healthy conditions in the service. In case of considering the candidature other than Assistant Librarian and Direct recruitment, extra qualifications are required to them for getting such promotion. Learned Assistant Government Pleader would further submit that in the cycle, everyone would get their place. In that view, the Government have rightly rejected the representations of the Union to amend the note. Learned Assistant Government Pleader finally prays for dismissal of the petition. Perused the material on record. 5. 5 i 6. Considering the submissions made and on a fair look at the material I placed on record, this Court is of the considered view that the petition deserves dismissal for the following discussion. It is relevant to refer G.O.Ms.No. 565, Andhra Pradesh Medical Sub-ordinate Rules (Branch-Ill) General. Rule-Ill, Class V which shows two categories, i.e.. Librarian and Assistant Librarian. They must not have completed the age of 33 years on the 1 date of July of the year of recruitment. 7. It is beneficial to refer the G.O.Ms.No. 207, Health, Medial and Family Welfare Department dated 05.06.2008 which shows the Special rules called the Andhra Pradesh Medical and Health Librarians and Assistant Librarians Sub-ordinate Service Rules, 2007. For ready reference, the special rules 1, 2 3 along with note is extracted infra. SPECIAL RULES 1. SHORT TITLE:These rules may be called theAndhra Pradesh Medical and Health Librarians and Assistant Librarians Sub-ordinate Service Rules, 2007. 2. CONSTITUTION: These rules shall consist of the following categories. Cateqorv-1: Librarian Cateqorv-2: Assistant Librarian 3. METHOD OF APPOINTMENT: Name of the Post Method of Appointment Appointing Authority m 131 Cateqorv-1: Librarian By promotion of Assistant Librarian or for reasons Director of Medical Education. special recruitment by transfer from any other category or by direct recruitment. Cateqorv-1: Assistant Librarian Recruitment by transfer fro.m any other services Head of the Institution concerned or by direct recruitment. Note: Making recruitment for a cycle of three vacancies, first vacancy shall be by promotion, second by direct recruitment and third by transfer from any other service. If no candidate is available in a method of recruitment, the vacancy shall be passed over and filled by the next method.” The grievance of the petitioners is that in absence of the note in Rule III, one would get the post of Librarian by promotion from the immediate feeder 8. category i.e.. Assistant Librarian or for special reasons recruitment by transfer from any other category or by direct recruitment. Because of the insertion of note, they have to follow the cycle of three vacancies, 1 vacancy is allotted to promotion i.e., from Assistant Librarian, 2'"'^ by direct recruitment and the S'"* by transfer from any other service and if no candidate is available the vacancy shall be passed over and filled by next method. Now the petitioners desire is in absence of the note, if the candidates from the feeder category i.e.. Assistant Librarians are not available, then the candidates may be taken from other category for special reasons. At present vacancies are there, petitioners are seeking a direction to fill up all the vacancies with the persons who are in the immediate feeder category. The argument of the learned Counsel for the petitioners falls to the ground, reason being, in absence of the note, the authorities may fill up the post of Librarian by direct recruitment or transfer from any category by any special reasons but not consider the promotion from the immediate feeder category i.e.. Assistant Librarian. In absence of the note, the petitioners also cannot claim their names should be considered for the sake of promotion as Librarians since Rule-lll enables the authorities to their ,ii V choice to promote any person from the three categories. In the light of the note only, the cycle of three vacancies for every vacancies of Librarian, the person who is working as Assistant Librarian would get the chance of promotion as Librarian. There is no uncertainty or ambiguity but infact it is very much helpful and beneficial to the persons who are working in the immediate feeder category as Assistant Librarians. As rightly put by the learned Assistant Government Pleader, when the post of Librarian is a State Post because of insertion of this note, people from the feeder category, direct recruitment and also all those working in other categories with special qualifications would get promotion to the post of Librarian. In fact, G.O.Ms.No. 207 with the note which is inserted is giving equal opportunities to the employees working in other categories with higher qualifications for getting promotion as Librarians. In the light of the aforementioned premises, the petition is liable to be dismissed. In the result, the Writ Petition is dismissed. No order as to costs. Pending applications, if any, shall stand closed. I 9. Sd/- V DIWAKAR DEPUTY REGISTRAR ^ECTI^OFFICER //TRUE COPY// To, 1. One CC to Sri K Jyothi Prasaid Advocate [OPUC] GP for Services I, Nigh Court of Andhra Pradesh. [OUT] 2. Two CCs to 3. One CC to Sri C Srinivasa Baba Advocate [OPUC] 4. Three CD Copies TF (gsg) HIGH COURT DATED:24/03/2025 ORDER WP.No.12541 of 2019 ltJUL 2025 K <9 «o irrentSectioiiXi’ DISMISSING THE W.P., WITHOUT COSTS