APHC010540192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] MONDAY,THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL NO: 1111/2025 Writ Appeal under clause 15 of the Letters Patent to set-aside the Orders dated 23-09-2025 passed in W.P.no. 25794 of 2025, and pass Between: 1.RAMA KRISHNA KILAPARTHI, S/O SURAYANARAYANA, AGED 38 YEARS, R/O CHITRADA VILLAGE, PITAPURAM MANDAL, KAKINADA (E.G.,) DISTRICT ...APPELLANT AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT SECRETARIAT BUILDINGS A P SECRETARIAT VELAGAPUDI AMARAVATHI 2.THE DIRECTOR OF SCHOOL EDUCATION, ANDHRA PRADESH VIDHYA BHAVAN VENKATADRI TOWERS ATHMAKUR VILLAGE MANGALGIRI GUNTUR DISTRICT 3.THE CONVENER, MEGA DSC 2025 ANDHRA PRADESH TEACHERS RECRUITMENT TESTS RT VIDHYA BHAVAN VENKATADRI TOWERS ATHMAKUR VILLAGE MANGALGIRI GUNTUR DISTRICT 4.THE DISTRICT COLLECTOR / DISTRICT SELECTION COMMITTEE CHAIRMAN, EAST GODAVARI EAST GODAVARI DISTRICT 5.THE DISTRICT EDUCATIONAL OFFICER, EAST GODAVARI EAST GODAVARI DISTRICT. 6.YANDRAPU RAMESH KUMAR, S/O SATYANARAYANA, AGE 41 YEARS, R/O FLAT. NO 352, PHASE-2, WILOWS IJM, RAIN TREE 2 W.A.No.1111 of 2025 PARK, NAMBURU, GUNTUR DISTRICT. 522508 ...RESPONDENT(S): IA NO: 1 OF 2025 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 pleased to Grant permission to the Petitioner to file the documents, namely: i. Copy of the Mega DSC Notification dated 20-04-2025; ii. Copy of the final selection list; iii. Copy of the call letter for certificate verification, in support of Writ Appeal, in the interest of Justice, and pass IA NO: 2 OF 2025 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 pleased to suspend the Orders dated 23-09-2025 passed in W.P.no. 25794 of 2025, and pass IA NO: 3 OF 2025 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 t may be pleased vacate the interim suspension in the I.A NO.2 OF 2025 dated on 17-10-2025 in WA N0.1111 OF 2025 and dismiss the writ appeal and pass such order or orders, and pass Counsel for the Appellant: 1.V V N NARAYANA RAO Counsel for the Respondent(S): 1.SALIKITI KARUNAKAR 2.GP FOR SERVICES II The Court made the following: 3 W.A.No.1111 of 2025 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL No.1111 of 2025 JUDGMENT:(Per Hon’ble Sri Justice Battu Devanand) This Writ Appeal has been filed against the interim order, dated 23.09.2025 in Writ Petition No.25794 of 2025 passed by the learned Single Judge of this Court. 2. Heard learned counsel for the appellant and learned Government Pleader for respondent Nos.1, 2, 4 and 5, learned Standing counsel for the 3rd respondent and learned counsel for the 6th respondent. 3. For convenience, the parties referred in the writ petition is referred herein. 4. The Writ Petitioner filed the Writ Petition against the selection of the respondent No.6 under Ex.Serviceman Quota for the post of School Assistant (Social Studies) in East Godavari District. His case is that being an Ex-Serviceman the petitioner/appellant had applied for the post of School Assistant (Social Studies) and secured a rank of ‘2018’ and respondent No.6 was also applied for the said post under Ex-Serviceman Quota and had secured a rank of ‘974’ in the examination. 5. The grievance of the petitioner is that the respondent No.6 is not entitled to be considered under the Ex-Serviceman Quota since he is working as Commander Works Engineer at Bangalore under the Ex-Serviceman Quota. 6. It is the case of the petitioner that as per the Office Memorandum No.36034/1/2014-Estt/Res.), dated 14.08.2014 issued by the Department of Personnel and training, the reservation in appointment under the Ex- 4 W.A.No.1111 of 2025 Serviceman Quota is available only once, and the same cannot be applied while seeking appointment for the second time in a different post. It is further case of the writ petitioner that his case has to be considered under the Ex- Serviceman Quota, as he is the next meritorious person in the said category. 7. Learned Single Judge having considered the Office Memorandum, dated 14.08.2014 issued by the Department of Personnel and Training, directed the respondent-authorities not to issue appointment order to the respondent No.6 for a period of eight (08) weeks and posted the matter to 23.10.2025. Against the said order, the present Writ Appeal is filed by the 6th respondent in the Writ Petition. 8. Learned Government Pleader appearing for the official respondents, on instructions, submitted before this Division Bench, at the stage of admission of the Writ Appeal, that the Office Memorandum, dated 14.08.2014 issued by the Government of India is not applicable to the School Assistant (Social Studies) Post in the State Government. 9. Considering the same, we passed an interim order, dated 17.10.2025 suspending the order of the learned Single Judge. Aggrieved by the interim order passed on 17.10.2025 by this Bench, the unofficial respondent filed petition seeking to vacate the interim suspension order passed by this Court. 10. Heard both sides. 11. It is an admitted fact that the learned Single Judge has directed the respondent-authorities not to issue appointment order to the respondent No.6 for a period of eight (08) weeks only and posted the writ petition on 23.10.2025 for filing counter affidavit by the respondents. After filing counter by the respondents, the writ petition will be considered on merits in accordance with law. 5 W.A.No.1111 of 2025 12. Whether the Official Memorandum, dated 14.08.2024 issued by the Government of India is applicable to posts under the State Government also or not is the crux of the issue. It is appropriate and desirable, it has to be decided by the learned Single Judge on merits after hearing both sides. Keeping the present Writ Appeal pending before this Court, it will cause irreparable loss to both parties. Therefore, in the interests of justice, it is just and proper to dispose of this Writ Appeal with the following directions:- i. The learned Single Judge is requested to consider the request of the learned counsel for the unofficial respondent to take up the Writ Petition expeditiously after filing counter by the respondents. ii. Learned counsel for the 6th respondent can make representation before the learned Single Judge for listing of the case. iii. To protect the interest of the appellant herein, all the parties shall maintain Status quo as on today in all respects till the disposal of the main Writ Petition. 13. Accordingly, the Writ Appeal is disposed of. 14. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND __________________________________ JUSTICE A. HARI HARANADHA SARMA Date:29.12.2025 SAB 6 W.A.No.1111 of 2025 163 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL No.1111 of 2025 Dt.29-12-2025 SAB