IN THE HIGH COURT OF ANDHRA PRADESH:;AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 37094 OF 2018 Between; Kummara Mohan, S/o Late K. Raja Gopal, Aged about 43 years. Occupation. Advocate, D.No.2/5, G.H. Puram Village, S.V. Puram Post, Vadamalpet Mandal, Chittoor District, Andhra Pradesh - 517 551. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary,Women Development and Child Welfare Development, Secretariat Buildings, Velagapudi, Guntur District, Andhra Pradesh. 2. The Special Commissioner, Women Development and Child Welfare Development, D.No. 4-16-234, Jampani Towers, Amaravathi Road, Guntur, Andhra Pradesh - 522 002. 3. The Regional Deputy Director, Women Develo pment and Child Welfare Development, Quarters No. C-D-8, C Camp, Kurnool, Kurnool District. Andhra Pradesh. 4. The District Collector and Executive Magistrate, Swamy Vivekananda Bhavan, Chittor Collectorate Office, Chittoor District, Andhra Pradesh. 5. The District Joint Collector - 11, Swamy Vivekananda Bhavan, Chittor Collectorate Office, Chittoor District, Andhra Pradesh. 6. The Assistant Project Director, Integrated Child Protection Services, District Women Development and Child Wejifare Development, 2nd Floor, Ambedkar Bhavan, Collector office, Chittoor, Chittoor District, Andhra Pradesh. 7. Mr. R. Lakshmipathi, Accountant, Integrated C^hild Protection Services, Ambedkar Bhavan, Chittor Collectorate Office Chittoor District, 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 an order or direction or any other proceedings one in the nature of Writ of Mandamus, (a) declaring the action of the Respondent No.2 to 6 in not taking the necessary steps in considering my application for the DCPO post by taking into consideration of the G.O.M.S. No.182 of A.P. Govt, which has categorically explained the rules for relaxation of age. (b) Despite of representation made by the petitioner on 26-06-2018, to Respondents to follow the rule of reservation while filling the above post, they have put my application in the reject mode. :o declare the in action of the Respondents in acting on my representation as illegal, contrary to law, and against the Principles of Natural Justice lA NO: 1 OF 2018 Petition under Section 151 GPC praying lhat in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.2 to 6 to step the recruitment process for the above posts in Chittoor District, Andhra Prsidesh, pending disposal of the present writ petition by conducting a fresh, fair and transparent process of short listing of candidates for the above positions Counsel for the Petitioner: SRI V SREENIVASA RAO Counsel for the Respondents No.1 to 3, 6; GP FOR WOMEN DEV CHILD WELFARE (AP) Counsel for the Respondents No.4, 5: GP FOR F.EVENUE The Court made the following: Order /A APHC010764902018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 37094/;.018 Between: 1.KUMMARA MOHAN, S/0 LATE K. RAJA GCPAL, AGED ABOUT 43 YEARS, OCCUPATION. ADVOCATE, D.NO.2/5, G.H. PURAM VILLAGE, S.V. PURAM POST, VADAMALPET MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH-517 551. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WOMEN DEVELOPMENT AND CHILD WELFARE DEVELOPMENT, GUNTUR DISTRICT, ANDHRA PRADESH. 2.THE SPECIAL COMMISSIONER, WOMEN DEVELOPMENT AND CHILD WELFARE DEVELOPMENT, D.NO. 4-16-234, JAMPANI TOWERS, AMARAVATHI ROAD, GUNTUR, ANDHRA PRADESH - 522 SECRETARIAT BUILDINGS, VELAGAPUDI 002. 3.THE REGIONAL DEPUTY DIRECTOR, WOMEN DEVELOPMENT AND CHILD WELFARE DEVELOPMENT, QUARTE RS NO. C-D-8, C CAMP, KURNOOL, KURNOOL DISTRICT. ANDHRA PRADESH. 4.THE DISTRICT COLLECTOR AND EXECUTIVE MAGISTRATE, SWAMY VIVEKANANDA BHAVAN, CHITTOR COLLECTORATE OFFICE, CHITTOOR DISTRICT, ANDHRA PFADESH. 5.THE DISTRICT JOINT COLLECTOR 11, SWAMY VIVEKANANDA BHAVAN, CHITTOR COLLECTORATE OFFICE, CHITTOOR DISTRICT, ANDHRA PRADESH. 6. THE ASSISTANT PROJECT DIRECTOR, INTEGRATED CHILD PROTECTION SERVICES, DISTRICT WOMEN DEVELOPMENT AND CHILD WELFARE DEVELOPMENT, 2NC FLOOR, AMBEDKAR BHAVAN, COLLECTOR OFFICE, CHITTOOFL CHITTOOR DISTRICT, ANDHRA PRADESH. 7. MR R LAKSHMIPATHI, ACCOUNTANT, INTEGRATED CHILD PROTECTION SERVICES, AMBEDKAR BHAVAN, CHITTOR COLLECTORATE OFFICE, CHITTOOR DISTRICT, ANDHRA PRADESH. ...RESPONDENT{S): 2 Counsel for the Petitioner: 1.VSREENIVASA RAO Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) 2.GP FOR WOMEN DEV CHILD WELFARE(AF') The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “....a writ of Mandamus, declaring the action o^ the respondent nos.2 to 6 in not taking the necessary steps in considering his application for the DCPO post by taking Into consideration of the G.O.M.S.No.182 of A.P. Government which has categorically explained the rules for relaxation of age and despite of representation made by the petitioner on 26.06.2018, to respondents to follow the rule of reservation while filling the above post, they have put his application in the reject mode. ” Sri V. Srinivasa Rao, learned counsel for tie petitioner would submit that the petitioner has submitted an application fc r the post of District Child Protection Officer (DCPO), the petitioner being schedule caste candidate. His application was not considered on the point that he is over aged. By the time of notification, petitioner was 42 years old. Learned counsel for the petitioner would submit that in the light of G.O.M.S.No.182, dated 04.12.2017, General Administration (SER.A) Department, petitioner is e igible to apply for the post of DCPO. Learned counsel for the petitioner would further submit that in the light of G.O.M.S.No.182, dated 04.12.2017 the age is extended from 34 to 42, the said Adhock Rule is extended up to 30.09 2018. petitioner is eligible candidate for the post of DCPO 2. In that view, the 3 3. Learned counsel for the petitioner would further submit that, this Court at the time of admission passed interim order to ttie effect that in view of the Adhoc rule directed the respondents to consider the claim of the petitioner for the appointment to the said post against Schedule Caste vacancy, if he is otherwise eligible by treating his age as within the eligibility. Admittedly, the post of DCPO is a contract employment, prima facie G.O.M.S.No.182 the Adhoc Rule would show that in case of direct 'ecruitment through public service commission and other recruiting agencies the relaxation of upper age limit is enhanced from 34 to 42. This being a contract employment, the Adhoc rule is prima facie is not applicable to the case of the petitioner. 4. Learned Assistant Government Pleader for Women Development and Child Welfare would submit that the post is filled ip with some other person, the post is not vacant as of now. 5. Learned counsel for the petitioner at this juncture would submit that, liberty can be given to the petitioner to make a representation due to bifurcation of the Districts there may be a chance to the petitioner for selection in that post. Considering the submissions made and a keen perusal of material on record in the light of the notification issued, the elig ble age limit is between 25 to 35, for Schedule Caste candidates the age is extended to 40 years. Admittedly, the petitioner had crossed that age by the date of notification, in 6. 4 that view, there is no merit in the petition. However as requested by the learned counsel for the petitioner, the petitior is disposed of, giving liberty to the petitioner to make such a representation to the District Collector, submitting such representation the District Collector may take appropriate decision according to the Governing rules and law. on 7. In that view, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. Sd/- N NAGAMMA ASSISTANT fi^GISt^AR SECtloWwFICER //TRUE COPY// To, 1. The Principal Secretary, State of Andhra Pradesh, Women Development and Child Welfare Development, Secretariat Buildings, Velagapudi, Guntur District, Andhra Pradesh. 2. The Special Commissioner, Women Development and Child Welfare Development, D.No. 4-16-234, Jamparii Towers, Amaravathi Road, Guntur, Andhra Pradesh - 522 002. 3. The Regional Deputy Director, Women C evelopment and Child Welfare Development, Quarters No. C-D-8, C Camp, Kurnool, Kurnool District. Andhra Pradesh. 4. The District Collector and Executive Mcigistrate, Swamy Vivekananda Bhavan, Chittor Collectorate Office, Chittoor District, Andhra Pradesh. 5. The District Joint Collector - 11, Swamv Vivekananda Bhavan, Chittor Collectorate Office, Chittoor District, Andlira Pradesh. 6. The Assistant Project Director, Integrated Child Protection Services, District Women Development and Child Welfare Development, 2nd Floor, Ambedkar Bhavan, Collector office, Chittoor, Chittoor District, Andhra Pradesh. 7. One CC to SRI V SREENIVASA RAO Advocate [OPUC] 8. Two CCs to GP FOR WOMEN DEV CHILD WELFARE (AP), High Court of Andhra Pradesh [OUT] 9. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] Three CD Copies 10. gsg HIGH COURT DATED: 30/04/2025 ORDER WP.No.37094 of 2018 DISPOSING THE WP WITHOUT COSTS