APHC010377112023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19356/2023 Between: 1. DIVYA BENDI,, D/O SRI B. TULASIDAS, AGED.35 YEARS, OCC. DOCTOR, R/O. FLAT NO. 406 - C BLOCK, AMARAVATHI ICON, TADEPALLI, GUNTUR DISTRICT - 522501 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MEDICAL AND HEALTH AND FAMILY WELFARE AYUSH DEPARTMENT, 5TH FLOOR, A. P. I. I. C. TOWERS, MANGALAGIRI, GUNTUR DISTRICT. 2. THE ANDHRA PRADESH PUBLIC SERVICE COMMISSION, REP BY ITS SECRETARY, NEW GOVERNMENT OFFICES BUILDING, 2ND FLOOR, M. G. ROAD, OPP. INDIRA GANDHI MUNICIPAL COMPLEX, VIJAYAWADA, KRISHNA DISTRICT-520010 . 3. THE COMMISSIONER DEPARTMENT OF AYUSH, 4TH FLOOR, JASTHI TOWERS, GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT-521225. 4. DR NRS GOVT AYURVEDIC MEDICAL COLLEGE, REP. BY ITS PRINCIPAL, NEAR VIJAYA KRISHNA SUPER BAZAR, BANDAR ROAD, VIJAYAWADA KRISHNA DISTRICT 5. NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE, REP BY ITS PRESIDENT, JAWAHAR LAL NEHRU BHARTIYA CHIKITSA AVAM HOMOEPATHY ANUSSANDHAN BHAWAN, 6165 INSTITUTIONAL AREA, JANAKPURI, D BLOCK NEW DELHI 110058. 6. GANTT FK S DUTTA SHARMA K S DUTTA SHARMA GANTI, S/O KALYAN SHARMA, AGED ABOUT 42 YRS, OCC. DOCTOR, TEMPORARILY WORKING AS TEACHING FACULTY TO AYURVEDA SAMHITA SIDDHANT, AT SRI SRI COLLEGE OF AYURVEDIC SCIENCES AND RESEARCH HOSPITAL, SRI SRIVIHAR, BIDYADHARPUR, WARD NO. 3, GODI SAHI, CUTTACK, STATE OF ODISSA, INDIA - 754006, BEING PERMANENT RESIDENT OF D.NO. 7-28-14/A, OPP. KUMARI TALKIES, T. NAGAR, RAJAHMUNDRY, EAST GODAVARI DISTRICT. ...RESPONDENT(S): 2 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 preferably a Writ in the nature of mandamus by declaring that the selection notification dated 25-07-2023 issued by 2nd respondent in notifying that candidature of 6th respondent/unofficial Respondent as selected to the extent of post code 2 i.e., kriyasharira in pursuance of notification 14 of 2021 dated 28-09-2021 and its supplemental notification dated 26-09-2022 as illegal, arbitrary, contrary to the notified qualification laid at sub para d of para3 of said notifications and also equally contrary in terms of sub para 15.1 of para 15 of the said notifications and violative of Article 14,19,21 of the Constitution of India and set aside the same and consequently ORDER/DIRECT The 2ND Respondent to declare that the petitioner is selected as Lecturer/Assistant Professor (Ayurveda) to the extent of post code2 i.e., kriyasharira by declaring that the petitioner stood in merit with Valid qualification to the said post in terms of sub para (d) para 3 and sub para 15.1 of Para 15 of the above said notifications dated 28-09- 2021 and 26-09-2022 of the 2nd respondent and further direct the respondent 2 to issue appointment order to the petitioner accordingly and pass such order or orders as such this Honble Court may deem fit and proper in the circumstance of this case. Main prayer amended/substituted as per C.O. dt.24.07.2024 vide I.A.No 3 of 2023 in W.P.No.19356 of 2023. IA NO: 1 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 suspend the selection notification, dated 25-07-2023 to the extent of Post Code. No. 2, wherein declaring the 6th respondent as selected, issued by the 2nd Respondent pending disposal of the writ petition and pass such other order. IA 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 direct the respondents to not to take any further steps including issuing of any appointment letter to the 6th respondent in pursuance of selection notification, dated 25-07-2023 to the extent of Post Code. No.2 issued by the 2nd Respondent and pending disposal of the writ petition pass such other order. IA NO: 3 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 permit the petitioner to amend the main prayer in the Writ Petition with the following prayer: "It is therefore prayed that this Hon'ble Court may be pleased to issue a Writ, Order or direction preferably a Writ in the nature of mandamus by declaring that the selection notification dated: 25-07-2023 issued by 2nd respondent in notifying that candidature of 6th respondent/unofficial Respondent as selected to the extent of post code 2 i.e., kriyasharira in pursuance of notification 14 of 2021 dated: 28-09-2021 and its supplemental notification dated 3 26-09-2022 as illegal, arbitrary, contrary to the notified qualification laid at sub para 'd' of para3 of said notifications and also equally contrary in terms of sub para 15.1` of para '15' of the said notifications and violative of Article 14, 19, 21 of the Constitution of ndia and set aside the same and consequently ORDER/DIRECT The 2ND Respondent to declare that the petitioner is selected as Lecturer/Assistant Professor (Ayurveda) to the extent of post code2 i.e. Kriyasharira by declaring that the petitioner stood in merit with valid qualification to the said post in terms of sub para (d) para 3 and sub para 15.1 of Para 15 of the above said notifications dated 28-09-2021 and 26-09-2022 of the 2nd respondent and further direct the respondent 2 to issue appointment order to the petitioner accordingly" and pass such order or orders as such this Hon'ble Court may deem fit and proper in the circumstance of this case." and pass such other order. IA 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 vacate the interim order granted on Dt.04-08-2023 in WPNo.19356/2023 and consequently dismiss the petition with costs and pass such other order. IA NO: 2 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 prayed that this Hon9ble Court may kindly grant the leave to file the counter affidavit in captioned writ petition for proper adjudication of the matter in the interest of justice and pass such other order. Counsel for the Petitioner: 1. U D JAI BHIMA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES IV 2. V.VENKATA NAGA RAJU (SC FOR APPSC) 3. SRINIVASA RAO PAPPU The Court made the following: 4 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.19356 of 2023 ORDER: 1. In the present Writ Petition, the Petitioner is seeking to declare that the Selection Notification dated 25.07.2023 issued by Respondent No.2-A.P.P.S.C notifying that the candidature of Respondent No.6/un-official Respondent as selected to the post of Kriyasharira (Post Code-2) pursuant to Notification No.14 of 2021 dated 28.09.2021 and its Supplemental Notification dated 26.09.2022, as illegal and arbitrary. 2. The facts in brief are as follows; The Petitioner is having Post-graduation qualification, i.e., 8Doctor of Medicine9 in 8Kayachikitsa9 and was awarded a Gold Medal in her Post-graduation in the year 2021. While so, Respondent No.2-A.P.P.S.C issued Notification No.14/2021 dated 28.09.2021 to fill up the vacancies to the posts of Lecturers/Assistant Professors (Ayurveda) in Dr. N.R.S. Government Ayurvedic College (GAC) in Ayush Department i.e., (i) Basic Principles (SSS) Samhitha, (ii) Kriya Sharira, and (iii) Rachana Sharira. 5 3. The Petitioner applied for the post of Lecturer/Assistant Professor (Ayurveda) Kriyasharira. The educational qualifications for the said post were that the individual should ideally have a Post-graduate qualification in 8Kriyasharira9, and if a candidate with a Post-graduate qualification in 8Kriyasharira9 is not available, then the candidate with a Post-graduate qualification in 8Ayurveda Samhitha evam Siddhant9 or 8Kayachikitsa9, which is an allied/equivalent subject to 8Kriyasharira9, will be considered. As the Petitioner had qualification of Post-graduate Degree in 8Kayachikitsa9, she had applied for the post of Lecturer/Assistant Professor in 8Kriyasharira9. 4. While so, the written examination was conducted and the result was published on 02.06.2023 declaring that the Petitioner was selected on merit. The selected candidates were called upon to furnish all the Certificates and Forms in two (2) sets to Respondent No.2-A.P.P.S.C and the Petitioner accordingly approached Respondent No.2-A.P.P.S.C and furnished documents as sought. While so, the second Result Notification was issued on 07.07.2023 in continuation of the Result Notification dated 02.06.2023, wherein nine (9) candidates were notified and all of them were holding Post- graduate Degrees in allied subjects. Respondent No.6 holding a Post-graduate Degree in 8Ayurveda Samhitha evam Siddhant9 having 6 Registered No.14100011, was declared as selected. Hence, the present Writ Petition is filed on the premise that selection should only be on merit, as the Petitioner as well as Respondent No.6 were qualified for appointment to the post of Lecturer/Assistant Professor in 8Kriyasharira9. 5. In the Counter-Affidavit filed by Respondent No.2 i.e., A.P.P.S.C., it is stated that Notification No.14/2021 dated 28.09.2021 and Supplement Notification No.14/2022 dated 26.09.2022 for filling up three (3) vacancies pertaining to each category were issued. It is stated that the written examination was held from 01.04.2023 to 03.04.2023. Based on merit, 19 candidates were picked-up for verification of original certificates, which was held on 14.06.2023 and 14.07.2023. It is further stated that the Selection Notification was published on 25.07.2023 and Unit List was communicated to the Unit Officer on 27.07.2023. 6. It is stated in Paragraph No.5 of the Counter-Affidavit filed by Respondent No.2-A.P.P.S.C that based on the merit in the written examination, the Petitioner was picked-up for verification of the original certificates, as the Petitioner was having M.D., Ayurveda in 8Kayachikitsa9, which is an allied subject to 8Kriyasharira9. Respondent No.2-A.P.P.S.C had deputed subject expert and the 7 subject expert had opined that M.D., in 8Kayachikitsa9 shall be considered only when candidates in M.D., Ayurveda in 8Kriyasharira9 or M.D., 8Ayurveda Samhita evem Siddhant9 are not available. It is stated that in respect of matters regarding relaxation of qualifications other than prescribed educational qualifications, claiming equivalence, the decision of the concerned department (Unit Officer) would be final. In that context, the selection of Respondent No.6 was sought to be justified. 7. Respondent No.6 filed a Counter-Affidavit pleading that Respondent No.6 is a Post-graduate in Ayurveda Samhitha Siddantha from Government Ayurveda Medical College, Mysore in the year 2009. Subsequently, Respondent No.6 did Ph.D., in the same subject and obtained a Degree from SCSVMV University, Kancheepuram (deemed University) in the year 2018 and was registered in the Andhra Board of Ayurveda in January, 2021. 8. It is further pleaded that for the post of Assistant Professor, candidates with a 8Doctoral Degree9 in 8Ayurveda9 would be given priority as per the Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Amendment Regulations, 2016. Therefore, the selection of Respondent No.6 in 8 preference over the Petitioner in view of a 8Doctoral Degree9 in 8Ayurveda9 cannot be faulted with. 9. Learned Senior Counsel Sri A. Satya Prasad, assisted by Sri U.D. Jai Bhima Rao, learned counsel for the Petitioner would submit that the Petitioner as well as Respondent No.6 have the requisite qualification for appointment to the post of Lecturer/Assistant Professor (Ayurveda) in 8Kriya Sharira9. It was contended that as the Petitioner is more meritorious in the written examination, the selection of Respondent No.6 cannot be sustained. 10. Learned Standing Counsel for Respondent No.2-A.P.P.S.C., Sri V. Venkata Naga Raju reiterates the contentions in the Counter- Affidavit and contends that the decision of Respondent No.2 is final. The learned Standing Counsel further contended that Respondent No.6 is having Post-graduate Degree qualification, which is more allied to 8Kriya Sharira9 and as the selection was pursuant to the verification by the subject expert, the same need not be interfered with. However, the learned Standing Counsel did not dispute the fact that in the written examination the Petitioner had secured higher marks than Respondent No.6. 9 11. Sri Pappu Srinivasa Rao, learned counsel for Respondent No.6 would submit that Respondent No.6 has a Ph.D., Degree and is better qualified than the Petitioner, and his appointment cannot be interfered with as priority should be given to Respondent No.6 in view of the Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Amendment Regulations, 2016. 12. Heard respective counsel. 13. The issue that falls for consideration is whether the selection of Respondent No.6 can be sustained. 14. The educational qualifications for the post of Lecturer/Assistant Professor (Ayurveda) in Ayush Department are as under; PARA-3: EDUCATIONAL QUALIFICATIONS: Name of the Post Educational Qualifications Lecturers/Assistant Professors (Ayurveda) in Dr.NRS GAC GO.Ms.No:67, HM & FW (1.2) Dept., dated 14.03.2005 of category IV (A) (1) a) Must possess a Post Graduation Degree in Ayurveda awarded by a University in India established or incorporated by or under Central Act or an institution recognised by the UGC after having undergone regular study of not less than 3 years duration. Must be a permanent Registered Medical Practitioner within the meaning of the Law for the time being existing in the State. 10 Annexure – I Category – IV Note-II to G.O.Ms.No.67, HM & FW (1.2) Dept., dated: 14.03.2005 b) All the Teaching cadre posts i.e., Principal/ Professor (PG)/ Professor/ Reader/ Asst. Professor/ Research Officer/ Asst. Research Officer/ Senior Lecturer/ Technical Assistant/ Lecturer shall be filled by those possessing Post Graduate Degree qualifications in the concerned subject/speciality, if candidates with Postgraduate Degree qualification in the concerned subject/ speciality are not available, candidates possessing near relative/equivalent allied subject/ speciality will be considered. If candidates with Postgraduate Degree qualifications are not available the candidates with Graduate qualification can be considered purely on Adhoc basis without conferring any right or claim on the post and they shall be replaced as and when postgraduate qualified candidates are found available in accordance with Rule 10(b) of A.P. State and Subordinate Service Rules. Gazette of India No: 3971, New Delhi, dated: 07/11/2016, Para 19(d) In absence of the candidate of Post Graduate qualification in the subject concerned as mentioned in column (2) of the table, the candidate of Post Graduate qualification in the allied subjects as mentioned in column (3) of the table, shall be considered eligible for the post of Lecturer or Assistant Professor, Reader or Associate Professor and Professor accordingly. c) If the candidate with postgraduate Qualification in Rachana Sharira is not available, then the candidate with postgraduate Qualification in Shalya which is allied/ equivalent subject to Rachana Sharira will be considered. 11 d) If the candidate with postgraduate Qualification in Kriya Sharira is not available, then the candidate with postgraduate Qualification in Ayurveda Samhita evem Siddhant or Kayachikitsa which is allied/equivalent subject to Kriya Sharira will be considered. e) Must be a permanent Registered Medical Practitioner within the meaning of the Law for the time being existing in the State. 15. As per Clause (d) above, if the candidate with Postgraduate qualification in 8Kriya Sharira9 is not available, then the candidate with a Postgraduate qualification in 8Ayurveda Samhita evam Siddhant9 or 8Kayachikitsa9, which is an allied/equivalent subject to 8Kriya Sharira9, will be considered for appointment. Clause (d) above equates Postgraduate qualification in 8Ayurveda Samhita evam Siddhant9 or 8Kayachikitsa9 as an allied/equivalent subject to 8Kriya Sharira9. 16. As per the qualifications prescribed, the Petitioner as well as Respondent No.6 are entitled to be considered for appointment as they have allied/equivalent Postgraduate qualification in 8Kayachikitsa9 and 8Ayurveda Samhita evam Siddhant9 respectively. Pursuant to the docket order, dated 24.09.2025 passed by this Court to produce the marks of the Petitioner and Respondent No.6 in the 12 written test, the same was furnished to the Court by the learned Standing Counsel for Respondent No.2-APPSC. 17. As per the marks secured, the Petitioner scored fractionally better than Respondent No.6.The marks procured by the Petitioner and Respondent No.6 are given in the tabular statement below; Sl.No. Reg. No. Name Total Marks 1. 14200044 Petitioner 204.73 2. 14100011 Respondent No.6 204.31 Going by the marks, it is a straight case for the Petitioner to be recommended for selection as she secured higher marks, albeit by a fraction. 18. Coming to the contention that the preference should be given to Respondent No.6 as he is having 8Doctorate in Ayurveda9, the Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Amendment Regulations, 2016 provides for prescribes qualifications and experience for the teaching staff. As per note to Regulation 13(b)(iii) thereof priority in selection should be given to a person having a 8Doctoral Degree in Ayurveda9. There is another set of Regulations i.e. India Medicine Central Council (P.G. Ayurveda) Regulation, 2016. Regulation 19 thereof provides qualification and experience for teaching staff. In these Regulations, there is no priority provided for the persons with 8Doctoral Degree9. 13 19. Be that as it may, the Certificate of Doctoral Degree in favour of Respondent No.6 shows that Respondent No.6 was awarded 8Doctorate in Sanskrit9 from SCSVMV University, Kancheepuram (deemed University). The Certificate of Registration reads as under; <The Board of Management of Sri Chandrasekharendra Saraswathi Viswa Mahavidyalaya hereby makes known that K.S.DUTTA SHARMA GANTI has been duly admitted to the Degree of DOCTOR OF PHILOSOPHY he/she having been certified by duly appointed Examiners, to be qualified to receive the same SANSKRIT for his/her thesis entitled AYURVEDE in MARCH - 2018 in BHARATIYADARSANAPRABHAVAH-EKAM SAMIKSATMAKAM ADHYAYANAM. This Degree has been awarded in accordance with the provisions of University Grants Commission (Minimum Standards and Procedure for Award of M.Phil./Ph.D. Degrees) Regulations 2009.= 20. The Certificate of Registration of the Petitioner before Andhra Board for Ayurveda also mentions that the Petitioner is 8Doctorate in Sanskrit9. As per the Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Amendment Regulations, 2016, priority will be given for the persons having 8Doctorate in Ayurveda9, but Respondent No.6 appears to have been given 8Doctorate in Sanskrit9. Therefore, no priority can be given in favour of Respondent No.6. In that 14 view, the selection of Respondent No.6 for the post of Kriyasharira (Post Code-2) is not in consonance with the selection process. 21. Therefore, the Writ Petition is allowed with the following directions; (i) The selection of Respondent No.6 to the post Kriyasharira (Post Code-2) pursuant to Notification No.14 of 2021 dated 28.09.2021 and its Supplemental Notification dated 26.09.2022 is set-aside; (ii) The Petitioner is declared as selected in terms of the Result Notification dated 02.06.2023 to the post Kriyasharira (Post Code 2); (iii) The Respondent No.2-A.P.P.S.C is directed to take further necessary steps in this regard; (iv) No order as to costs. 22. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 19.11.2025 IS 15 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.19356 of 2023 Date: 19.11.2025 IS