IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE K. MANMADHA RAO WRIT PETITION NO: 4332 OF 2020 Between: Bhukya Avinash Kumar, S/o. Bhukya Hanuma, Aged 30 years, R/o 16-256- 1^2, Satyanarayanapuram, Panthulugari shed Road, Gudivada, Krishna District. ...PETITIONER AND 1. State of Andhra Pradesh, rep. by The Principal Secretary, Department of Municipal Administration, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner and Director of Municipal Administration, Government of Andhra Pradesh, Rajahmundry, East Godavari District. 3. The District Collector -cum- Chairman, District Selection Committee Machilipatnam, Krishna 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 be pleased to issue an order or direction or writ, more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in not appointing the petitioner as Ward Sanitation and Environment Secretary (Grade-11) in village Secretariat pursuant to the notification No. 3 of 2019, dated 26.07.2019 on the misconception that B.Pharma and M.Pharma are not graduation in Science as highly arbitrary, illegal, irrational against the eligibility criteria mentioned in the notification and violative of fundamental rights including Art. 14, 19 and 21 of the Constitution of India and consequently to direct the respondent authorities may c to appoint the petitioner Ward Sanitation and Environment Secretary (Grade-ll) pursuant to the notification No. 3 of 2019, dated 26.07.2019. lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent authorities to consider the case of the petitioner for appointment as Ward Sanitation & Environment Secretary (Grade-11) pursuant to the notification No. 3 of 2019, dated 26.07.2019, pending disposal of the above Writ Petition pending disposal of the above writ petition. Counsel for the Petitioner: SRI BALAJI MEDAMALLI Counsel for the Respondents: GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT The Court made the following: ORDER 1 APHC010069892020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] WEDNESDAY ,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 4332/2020 Between: ...PETITIONER . Bhukya Avinash Kumar AND ...RESPONDENT(S) State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.BALAJI MEDAMALLI Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: ORDER: This writ petition is filed under Article 226 of the Constitution of Indi a for the following relief: “ to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS issue order or direction or writ more particularly one In the nature of Writ of Mandamus declaring the action of the respondent authorities in not appointing the petitioner as Ward Sanitation and Environment Secretary Grade11 in village Secretariat pursuant to the notiifcation No 3 of 2019 dated 26 07 2019 on the misconception that B Pharma and M Pharma are not graduation in Science as highly arbitrary illegal irrational against the eligibility criteria mentioned in the notiifcation and violative of fundamental irghts including Art 14 19 and 21 of the Constitution of India and consequently to direct the respondent authorities to appoint the petitioner Ward Sanitation and Environment Secretary Gradell pursuant to the notiifcation No 3 of 2019 dated 26 07 2019 and to pass ” an p 2. The grievance of the petitioner is that the Government of Andhra Pradesh issued a notification vide Notification No. 03/2019, dated 26.07.2019 for selection of Ward Sanitation & Environment Secretary (Grade-ll) posts A.P. Village Secretariats (Grama Sachivalayalu) from the eligible candidates. The Petitioner belongs to Scheduled Tribe (Lambadi Community) and having completed the B.Pharma and also post-graduation in Pharmacy ie., M.Pharma from Jawaharlal Nehru Technical University, Kakinada. The petitioner has applied for the post of Ward Sanitation & Environment Secretary (Grade-ll) pursuant to the above said notification.The written test was conducted on 26.07.2019 and petitioner secured 36.25 marks in the said written-test. As there are no required eligible candidates for the posts, the Government has decided to add 15 marks to all the candidates. Thus petitioner secured 51.25 marks in the written test.But the respondents herein without appointing the petitioner in the above said post again issued another notification vide notification No. 03/2020, dated 10.01.2020 calling for the candidates for the post of Ward Sanitation & Environment Secretary (Grade-ll).The respondent authorities on 27.01.2020 have given errata to the notification dated 10.01.2020 explaining that B.Pharma&M.Pharma are eligible degrees for appointment of Ward Sanitation &Enlivenment Secretary (Grade-ll). Therefore, the action of the respondents in not considering his case for appointment is highly illegal and arbitrary. Hence the present writ petition. in 3 3. Heard Sri Balaji Medamalii, learned counsel appearing for the petitioner and learned Government Pleader for Municipal Admn. Urban Dev. Appearing for the respondents On hearing, learned counsel for the petitioner while reiterating the 4. averments made in the petiiion, has relied upon a decision of a learned Single Judge of this Court dated 18.07.2024 passed in W.P.Nos.17331 of 2019 & batch and requests this Court to pass similar order in this writ petition also. Per contra, learned Government Pleader appearing for the 5. respondents does not refute the said submission of learned counsel for the petitioner. 6. This Court vide order dated 18.7.2024 in WP Nos.17331 of 2019 & batch has allowed all the writ petitions. The operative portion of the said order, reads as under; 32. Accordingly, all these Writ Petitions stand allowed by declaring the impugned actions of the Official Respondents as being illegal and arbitrary besides being illogical and Irrational and also violative of Article 14 of the Constitution of India. Consequently, the following directions are issued; i) The Writ Petitioners in W.P.Nos. 17331, 17332, 17335 of 2019, 2197 & 12044 of 2020 shall now be issued the Orders of Appointment within a period of four weeks from today, provided, the said Writ Petitioners would satisfy all the other requirements as per the Notificattion No.3/2019, dated 26.07.2019; and, ii) In W.P.No.39729 of 2022, the Show Cause Notices issued to the Writ Petitioners are hereby set aside as nonest in the eye of law. Accordingly, the Writ Petitioners shall continue as Ward Sanitation and Environment Secretaries (Grade-ll). iii) No costs. 7. Perused the material on record. 4 8. As submitted by the Learned Counsel for the Writ Petitioners, the facts on record would indicate that the initial Notification No.3/2019, dated 26.07.2019 was issued for the purpose of filling up 3,648 vacancies for the post of Ward Sanitation and Environment Secretary (Grade-ll). Para No.3 of the said Notification specifies Educational Qualifications. It states that “Any Graduate in Sciences or Environmental Engineering and above”. The Writ Petitioner herein is either Graduate in Pharmacy or above. ‘Part-B’ (subject paper - 100 questions for 100 marks) includes subjects of Life Sciences, Bio Chemistry, Micro Biology, Environment Engineering, Solid Waste Management and Liquid Waste Management. All the subjects belong to the realm of ‘Science’ in the generic sense. In the subsequent Notification which is issued by the Government of Andhra Pradesh bearing Notification No.3/2020, dated 10.01.2020,the Governmentof Andhra Pradesh has issued an Errata for the post of Ward Sanitation and Environment Secretary (Grade-ll). In the Errata, for the purpose of Para No.3 (dealing with the required Educational Qualifications), the Government has included Pharmacy D, B. Pharmacy, M. Pharmacy and B. Pharmacy 23 (Ayu) as being eligible for the said post of Ward Sanitation and Environment Secretary (Grade-ll). 9. This Court further observed that, while examination is common for all the candidates, the District Selection Committee has issued independent Notifications for recruitment for each District basing on the number of vacancies available. Strangely, some of the District Selection Committees have taken a view as in the present case that B. Pharmacy and M. Pharmacy 5 and also Doctorate in Pharmacy are not the qualifications which are contemplated under Para No.3 of the Notification No.3/2019, dated 26.07.2019. Some of the candidates have approached this Court challenging the view taken by the respective District Selection Committees. When this Court had granted interim protection to such candidates, the other District Selection Committees which did not impose restrictions on employment for the B. Pharmacy, M. Pharmacy and Doctorate in Pharmacy candidates, have started issuing Show Cause Notices. The issuance of Show Cause Notices was at a stage when the candidates have completed their probation successfully. So, this Court is of the opinion that the view taken by the 10. Government of Andhra Pradesh that B. Pharmacy, M. Pharmacy and Doctorate in Pharmacy do not come under the expression ‘Science’ so as to exclude the candidates under Para No.3 of the Notification No.3/2019 is completely perverse inasmuch as no person of ordinary prudence could ever take such a view. In this view of the matter, the view taken by the Government of Andhra Pradesh cannot be sustained. 11. Further, it is also observed that, the Notification No.3/2020 which was issued on 10.01.2020, the Government has issued Errata on the very same date by including the Qualification/Degrees relating to the subject of Pharmacy for extending eligibility under Para No.3 of the said Notification. If the stand of the Government were to be consistent that the subject of Pharmacy cannot be treated as Science in view of the Gazette Notification of 6 tf UGC dated 05.07.2014, there was no requirement for the Government to issue an Errata in the following year’s Notification for the purpose of including Qualification/Degrees relating to the subject of Pharmacy. Even in this regard, this Court would hold that there is no consistency with regard to the stand taken by the Government. It has been blowing hut and cold at every stage. This whole pandemonium has been created by the Executive without bestowing its analytical mind on this issue. Even when different DSCs have taken inconsistent views, that was the time that the Authority at the apex level ought to have taken stock of this issue and ought to have given a quietus. 12. It is obvious that there is also a failure on the part of the Authority at the apex level, when this Court notices that each of the District Selection Committee had acted as an island to itself. This makes it evident that there is no coordination between the Authorities at the decision-making level and the District Selection Committees at the District level. The prevailing pandemonium ought to have sounded an alarm that calls for immediate intervention by the apex-level Executive for the purpose of giving clarity in a logical and rational manner. It is because of this failure that some DSCs have illogically and irrationally banned the persons with Qualifications relating to the subject of Pharmacy while some of the DSCs have correctly appointed persons with Pharmacy Qualifications and allowed them to work and had even approved probation in several cases. This could have been plainly avoided had the Executive at the Secretary level would have logically and rationally applied its mind and settled the issue. 7 In view of the foregoing discussion, and on considering the submissions of both the learned counsels, this Court is inclined to allow the 13. present writ petition while declaring the action of the respondent authorities in not appointing the petitioner as Ward Sanitation & Environment Secretary (Grade-ll) in village Secretariat pursuant to Notification No.3/2019, dated 26.7.2019, as illegal and arbitrary. 14. Accordingly, the Writ Petition is allowed. The respondent authorities are directed to appoint the petitioner as Ward Sanitation & Environment Secretary (Grade-ll) pursuant to Notification No.3/2019 dated 26.07.2019 and issue Orders of appointment, within a period of four (04) weeks from today, provided, the said writ petitioner would satisfy all the other requirements as^per the Notification No.3/209, dated 26.07.2019. No costs . 15. As a sequel, interlocutory applications, if any pending, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// \ ON OFFICER SECTI To, 1. The Principal Secretary, Department of Municipal Administration, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner and Director of Municipal Administration, Government of Andhra Pradesh, Rajahmundry, East Godavari District. 3. The District Collector -cum- Chairman, District Selection Committee, Machilipatnam, Krishna District, Andhra Pradesh. 4. One CC to Sri Balaji Medamalli, Advocate [OPUC] 5. Two CCs to GP for Municipal Admn & Urban Development, High Court of Andhra Pradesh. [OUT] 6. Three C.D. Copies. Cnr HIGH COURT DATED:29/01/2025 ORDER WP.No.4332 of 2020 g 0 <1 FE8 2025 ° ^ . Current Section ■ ^ ALLOWING THE W.P. WITHOUT COSTS