IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) .j TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Nos: 16541 AND 16564 OF 2018 WRIT PETITION No: 16541 OF 2018 Between; 1. C.Umadevi, W/o Jayarama Ki'islana, Aged 44 years. Unemployee, R/o H.No. 56/22, Fort, Kondayya Gate, Near King Market, Kurnool — 5 18 001, Andhra Pradesh. 2. M.Narasamma, D/o M.Thotaramudu, Aged 31 years. Unemployee, R/o H.No. 2-278, Soganuru Village, Yemmiganur Mandal, Kurnool District, Andhra Pradesh. 3. S.Haseena Bee, W/o Sadia Basha, Aged 35 years, Unemployee, R/o FI.No. 4/179, Madina Sami, Gudur Mandal, Kurnool District — 518 466,Andhra Pradesh. 4. D.Jayamma, W/o S. Mallikarjuna, Aged 44 years. Unemployee, R/o FI.No.87/1362-4-7, Chandra Sekhar Nagar, Near Nandyal Check Post, Kurnool Andhra Pradesh. 518 002, 5. K.Sudha Rani, D/o K.Lakshmaiah, Aged 45 years, Unemployee, R/o H.No. 16/59, College Road, Nandikotkur Taluk, Kurnool District— 518 401, Andhra Pradesh. 6. M.Jileldia Bi, D/o M.Abdul Nabi, Aged 36 years, Unemployee, R/o FI.No. 2-15B, Bogampeta, Orvakal Village, Kurnool District— 518 010. Andhra Pradesh. 7. K.Radha, D/o K.Pitchaiah, Aged 35years, Unemployee, R/o H.No. 9-157, Govindapalle, Kurnool District— 518 502. Andhra Pradesh. 8. V.Siva Rajini, W/o Suresh Kumar, Aged 36years, Unemployee, R/o H.No. 28-85 1-A6-3A, Viswanagar, Nandyal,Kurnool District— 518 501. Andhra Pradesh. 9. K.Bharathi, D/o Karunaiah, Aged 39 years, Unemployee, R/o FI.No. 7-5-222/2, Dr.Pul la Reddy Street Allagadda, Kurnool District— 518 543. Andhra Pradesh. ... Petitioners. And 4 The Stiite of A.P., represented by its Secretary/, Medical and Plealth Department, Secretariat, Amaravati, Andhra Pradesh. 2. The Commissioner of Health & Family Welhire, Gollapudi, Vijayawada, Andhra Pradesh. 3. The Mission Director, National Health Mission, Velagapudi, Amaravathi, Andhra Pradesh. 4. The District Medical & Health Officer, Kurnool, Andhra Pradesh. 5. The District Coordinator of Hospital Services, APVVP, Kurnool, Andlii-a Pradesh. 6. The District Collector, Kurnool 1, ... Respondents Petition under Article 226 of the Constitution the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue writ, order or direction, nature of WRIT OF MANDAMUS of India praying that in may more particularly one in the any other appropriate writ by declaring the action of the Respondents in not issuing posting orders in respect of the petitioners after having selected for the or post of Auxiliary Nurse Midwife (ANM) in Mobile Health Teams of Kurnool i n District vide proceedings of Respondent No. 4 without Rc.No.RBSK/NHM/2016, dated 6-12-2016 assigning any reasons as arbitrary, illegal and violative of Articles 14, 16 and 21 of the Constitution of India and consequently, direct the Respondent No.4 to issue necessary posting orders to the Petitioners forthwith. lA No: 1 OF 2ni« 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 to issue necessary posting orders to the Petitioners forthwith. lA NO: 1 OF 2n?.-^ 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 set aside the orders passed in W.P No:16541 of 2018 dated 10.05.2023 by restoring W.P No: 16541 of 2018 and permit the petitioner to contest the matter on merits. Counsel for the Petitioner Nos.1, 2 & 4 to 9: SRI K.V.SIMHADRI Counsel for the Petitioner No.3: SMT.M.MANIKYA VEENA Counsel for the Respondent Nos.1, 2 & 5: GP FOR MEDICAL HEALTH & FAMILY WELFARE GP FOR SERVICES-I Counsel for the Respondent Nos.3, 4 & 6: 4 WRIT PETITION No: 16564 OF 2018 Between: I. S.Prakasam, S/o S.Yesurathnam, Aged 30 years, Unemployee, R/o H.No. 85/90, Sarojini Nagar,Putlampalli, Jyothi Chemicals, APSRTC Workshop (PO), Kadapa - 5 16 002, Andhra Pradesh. 2. B.Geetha Pushpa Latha, D/o B.Shyam Sundora Prasad, Aged years. Unemployee, R/o PI.No. 4/253, Super Bazar Street, Proddatur, Kadapa District, Andhra Pradesh. 3. B.Suresh Babu, S/o B.Narasappa, Aged 38 years. Unemployee,R/o H.No. 21-2-22-A-l, Opp: to DSP Bungalow, S.K.D.Colony, Adoni - Kurnool District, Andhra Pradesh. 4. D.Chala-apani Rao, S/o Late D.Ramalo'ishna Rao, Aged 45 years. Unemployee, R/o PI.No. 425-419-2E-1 A, Saleem Nagar, Nandyal, Kurnool District — 5 18 501, Andhra Pradesh. 518 301, 5. B.Ramesh Kumar, S/o B.Narasappa, Aged 31 years. Unemployee, R/o H.No. 21-2-22-A-l, Opp: to DSP Bungalow, S.K.D.Colony, Adoni - 518 301, Kurnool District, Andhra Pradesh. 6. Y. Ramesh, S/o Pedda Ramudu, Aged 30 years. Unemployee, R/o H.No. 4/101, Lakshmipalli Village, Dhone Mandal, Kurnool District — 518 222. Andhra Pradesh. 7. Boya Kasinath, S/o B.Madanna, Aged 28 years. Unemployee,IP/o PI.No.6-56, Gudikal Village, Chintamaan Peta, Yemmiganur Mandal, Kurnool District- 5 1 8 364, Andhra Pi'adesh. 8. S.Haji Malang, S/o S. Imam Saheb, Aged 38 years. Unemployee, R/o H.No. 4-29, S.V.Nagar, Ganjihalli Village, Gonegandla Mandal, Kurnool District — 5 18 463. Andhra Pradesh. 9. Velandan Lakshmi Devi, D/o V.Pedda Guru Murthy, Aged 39 years. Unemployee, R/o PI.No. 8-63/59, Pingali Surana Colony, Kanala Post, Nandyal, Kurnool District- 518 593. Andhra Pradesh. ... Petitioners. And ]. The State of A.P., represented by its Secretary, Medical and Health Department, Secretariat, Amaravati, Andhra Pradesh. 2. The Commissioner of Health & Family Welfare, Gollapudi, Vijayawada, Andhra Pradesh. 3. The Mission Director, National Health Mission, Velagapudi, Amaravathi, Andhra Pradesh.' 4. The District Medical & Health Officer, YSR Kadapa District, Kadapa. 5. The District Coordinator of Hospital Services, APVVP, Kadapa, YSR Kadapa District. 6. The District Medical & Health Officer, Kurnool, Andhra Pradesh. 7. The District Coordinator of Hospital Services, APVVP, Kurnool, Andhra Pradesh. 8. The District Collector, YSR Kadapa District, Kadapa. 9. The District Collector, Kurnool District; Kurnool ... Respondents of the Constitution of India praying that in affidavit filed therewith, the High Court may Petition under Article 226 the circumstances stated in the particularly one in the other appropriate writ by declaring to admit the petitioners 1 and 2 to vide writ, order or direction, more be pleased to issue of WRIT OF MANDAMUS or any nature the action of the Respondents in refusing orders of the posting in terms Pharmacists duty as . RC.NO.2216/A5/2016, dated 13-12-2016 of the Respondent No.4 and in 3 to 9 not issuing posting orders after having .RBSK/NHM/2016, dated 6-12-2016 of respect of the petitioners Rc.No selected vide proceedings arbitrary, illegal and Respondent No.6 without assigning any reasons as violative of Articles 14, 16 and 21 of the Constitution of India; and consequently, direct the Respondent to admit the Petitioners 1 and 2 to duty and direct the 6'^ Respondent to issue necessary posting orders to the Petitioners 3 to 9 forthwith. lA No: 1 OF 2018 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 4'^ Respondent to admit the Petitioners 1 and 2 to duty Respondent to issue necessary posting orders to the th and direct the 6 Petitioners 3 to 9 forthwith. lA No: 1 OF 2023 praying that in the 151 CPC Petition under Section circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to permit the Petitioners/Petitione rs to file the present Additional Affidavit along with the additional material papers in the above Wilt Petition and pass lA No: 2 OF 2023 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 set aside the orders passed in W.P No:16564 of 2018 dated 10.05.2023 by restoring WP No; 16564 of 2018 and permit the petitioners to contest the matter on merits. Counsel for the Petitioner Nos.1, 3, 5, 8 & 9: SRI K.V.SIMHADRI Counsel for the Petitioner Nos.2, 4, 6 & 7: SMT M.MANIKYA VEENA Counsel for the Respondent Nos.1 to 4 & 6: GP FOR MEDICAL HEALTH & FAMILY WELFARE Counsel for the Respondent Nos.5 & 7: GP FOR SERVICES-I Counsel for the Respondent Nos.8 & 9: GP FOR REVENUE The Court made the following: COMMON ORDER 1 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NOS.16541 AND 16564 OF 2018 COMMON ORDER: Since the subject matter in both the writ petitions is one and the same, both the writ petitions are heard together and disposed of by way of this common order. Heard Sri K.V.Simhadri, learned counsel for the petitioners 1, 2 and 4 to 9 and Smt.M.Manikya Veena, learned counsel for the petitioner No.3 and learned Assistant Government Pleader for Services-I, appearing for the respondents in W.P.No.16541 of 2018; and Sri K.V.Simhadri, learned counsel for the petitioners 1, 3, 5, 8 and 9 and Smt.M.Manikya Veena, learned counsel for the petitioners 2, 4, 6 and 7 and learned Assistant Government Pleader for Services-I, appearing for the respondents in W.P.No.16564 of 2018. 2. Learned counsel for the petitioners would submit that the petitioners have applied for the post of Pharmacists in the notification which is impugned The petitioners have attended the interview and participated in the selection process. They were selected under “Rashtriya Bala Swasthya Karyakram” (RBSK) scheme for the screening and treatment of the children for early identification of the defects at births, diseases, deficiencies and development delays including disabilities. They were given 3. in the writ petitions. posting orders also. But thereafter, the respondent authorities have not taken them into service. It is for the period of one year on contractual basis. 4. Learned Assistant Government Pleader for Services-I would submit that instructions received from D.M.H.O., the notification has as per the written been issued as directed and the instructions of the Commissioner of Family and under RBSK scheme, the petitioners were also provisionally Thereafter, having received Welfare selected, posting orders were also issued, intimation to stop the process for the reason that without Medical Officer, the screening could not be done, due to which, the selected candidates were not admitted into duty for want of Medical Officers, who are crucial in screening Learned the children in the interest of implementation of RBSK programme. Assistant Government Pleader would submit that the notification issued for the purpose of one year on contract basis. The period of one year is over. No further orders are required in this matter. 5. At this juncture, learned counsel for the petitioners would submit that the respondent authorities have issued several notifications during pendency of the present writ petitions. Copy of such Notification No.2 of 2025, dated 03.01.2025 and another Notification dated 15.02.2025 are issued. Some of the petitioners in the present matters were selected in such notifications also. Learned counsel would further submit that atleast on humanitarian grounds, their request to consider in the post of Pharmacists may be considered by the 3 V respondent authorities in the present notifications, since the issue of Medical Officer does not arise in the present notifications. Learned Assistant Government Pleader for Services-I would submit that 6. Court may pass appropriate orders. Considering the submissions made and on perusal of the material on record, the fact remains that the petitioners were not selected in the impugned notifications challenged in the writ petitions, their names are there in the provisional selection list. Posting orders are also issued directing them to join and at the time of actual joining into service, their services were not taken. That being so, as rightly put by learned counsel for the petitioners, the subsequent notifications which were issued i.e. Notification No.2 of 2025, dated 03.01.2025 and another Notification dated 15.02.2025. Coupled with the fact that some of the petitioners, who were selected earlier, are also selected in the said notifications. 7. In that view, the Writ Petitions are disposed of, however with a direction respondent authorities to consider the candidature of the petitioners, atleast in the subsequent notifications on humanitarian grounds and take appropriate according to governing rules and law, by keeping in mind the posting orders are also issued to the petitioners in the earlier notifications, but for want 8. to decision of Medical Officers, they be no order as to costs. were not permitted to join in such posts. There shall As a sequel thereto miscellaneous petitions pending, if any, shall stand closed. Sdl- //TRUE COPY// cjO-' To, Pradesh s r • ^adesh Secretanat, Velagapudi, Aararavati, Guntur District. • he Commissioner of Health & 1 ■ The Secretary, Medical Family Welfare, Gollapudi, Vijayawada, Andhra Pradesh. 4. The District Medical S Health Officer, Kurnool, Andhra 5. The District Coordinator of Hospital Services APWP Pradesh. Pradesh. Kurnool, Andhra 6 The District Collector, Kurnool. 7. The District Collector, 8. The District Collector, 9- One CC to Sri K.V.Simhadri YSR Kadapa District, Kadapa. Kurnool District, Kurnool. , Advocate [OPUCJ One CC to Smt. M.Manikya Veena, Two CCs to GP for Medical of Andhra Pradesh. [OUT] Two CCs toGPforServices-l, 10. Advocate Health & Family Welfare 11. High Court 12. High Court of Andhra Pradesh. [OUT] 13. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 14. Three CD Copies. gi t HIGH COURT DATED:06/05/2025 COMMON ORDER WP.Nos.16541 and 16564 of 2018 DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS