P a g e | 1 Date of reserved for orders : 09.09.2026 Date of pronouncement : 19.09.2026 Date of uploading : 22.09.2026 APHC010504402023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SATURDAY, THE 19th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 26030 OF 2023 Between: 1. DR R D L P CHRISTIAN, S/o Late Ravi Prasada Rao, aged 55 years, Occ. Head of Pharmacy Section, Government Polytechnic for Women, Srikakulam. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, rep. by its Principal Secretary to Government, Department of Skill,Development and Training , 214, 5th Block, AP Secretariat, Velagapudi, Amaravathi, Guntur District 2. The Director of Technical Education, A.P., D.No. 11-307, Garudadri KK Towers, Lakshmi Narasimha Colony, Service Road, Near Dr. YSR Arogya Sree Health Care Trust, Mangalagiri, Guntur istrict. 3. Dr Behara Srinivas, S/o. Late Venkateswarlu, Aged about 57 years, Occ Head of General Section, Government Polytechnic, Gannavaram, Krishna District. Respondent No. 3 impleaded as per Court Order dated 09.01.2024 vide I.A.No. 1 of 2024 in W.P.No. 26030 of 2023. ...Respondents Counsel for the Petitioner: M R TAGORE P a g e | 2 Counsel for the Respondents: GP FOR SERVICES III Counsel for the Respondents:KISHORE KUMAR.A The Court made the following order: P a g e | 3 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 26030 OF 2023 O R D E R: This writ petition is filed seeking the following relief: “…to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in not filling up the arose vacancies of Principals in Govt. Polytechnics in the state, during the panel year 2022-23 with the eligible Heads of Pharmacy Section in that panel year, as per the Circle Memo. No. C/HODs/ACRs and APRs/2023, dated 25-08- 2023 and also as per the Rule 6 of AP State and Sub-ordinate service Rules,1996 as highly illegal, arbitrary, discrimination and also in violation of Articles 14, 16 and 21 of Constitution of India and consequently the Honourable Court may pleased to declare that the petitioner herein is entitled for promotion as Principal for the panel year 2022-2023 under Non-Engineering Section against the Principal vacancies which were arose for the panel year 2022- 23 notionally, with all consequential benefits…” 2. The brief facts of the case are that: Petitioner was appointed as an Associate Lecturer on 29.12.1995 in the Pharmacy Department of the Government Polytechnic College for Women. Subsequently, the post was re-designated as Lecturer, and petitioner was promoted as Senior Lecturer on 08.01.2013. Thereafter, he was promoted as Head of the Pharmacy Section on 02.11.2018. 3. Under G.O.Ms.No.178, dated 09.12.2005, the next promotional cadre from the post of Head of Pharmacy Section is Principal of the Government Polytechnic College. As per the said G.O., eligible candidates for promotion to the post of Principal in the Polytechnic Colleges include Heads of Engineering P a g e | 4 Sections, Heads of Non-Engineering Sections, Heads of Pharmacy Sections, Heads of Commercial and Computer Practice Sections, and Heads of Garment Technology. The aforesaid sections are classified into five categories, i.e., (a) to (e), and are further classified into two groups, namely, Engineering Group and Non-Engineering Group. Pharmacy being a non- engineering group, out of the seven cycle points, Cycle Point Nos.2 and 5 are earmarked for the Non-Engineering Group. The respondents published the final seniority list for the panel year 2022-2023 for promotion to the post of Principal, wherein the petitioner was placed at Sl.No.26. Petitioner was promoted as Head of Pharmacy Section on 02.11.2018, whereas the 3rd respondent was promoted as Head of General Section on 28.12.2017, which also falls under the Non-Engineering Group. As per the applicable rules, the minimum qualifying service for promotion to the post of Principal from the Non-Engineering stream is five years, whereas, in respect of the Pharmacy stream, the required qualifying service is only three years. 4. Therefore, as on the panel year 2022-2023, petitioner was eligible for promotion to the post of Principal. However, though the respondents prepared the final seniority list and called for the ACRs, they did not effect promotions and deferred consideration of the petitioner for the panel year 2022-2023. 5. Thereafter, for the panel year 2023-2024, the respondents again prepared the seniority list, called for the ACRs. The petitioner raised an objection that unless the vacancies pertaining to the panel year 2022-2023 P a g e | 5 were filled by the eligible candidates included in the panel for the said year, further promotions cannot be effected and the said vacancies could not be filled by candidates who became eligible in the subsequent panel years. However, without considering the said objection, respondents effected promotion of the unofficial respondent. 6. Aggrieved by that, the present writ petition is filed. 7. Heard Sri M R Tagore, learned counsel for petitioner, Ms.B.Sameera, learned Assistant Government Pleader for Services – III, and Sri A.Kishore Kumar, learned counsel for unofficial respondent. 8. Learned counsel for the petitioner submitted that, out of the total 16 vacancies, 10 vacancies are earmarked for the Engineering Section and 6 vacancies are earmarked for the Non-Engineering Section. 9. Learned counsel for petitioner submits that the proviso to Rule 6(b) of AP State and Subordinate Service Rules provides that panel of candidates so prepared shall be reviewed after a period of six months reckoned from the date of approval of the panel, for the purpose of considering the cases of such other persons whose names were not included in the panel prepared earlier for not passing the prescribed tests or for not having special qualifications. Therefore, if the petitioner or any other person did not possess the requisite qualification during the relevant panel year, such person could be considered P a g e | 6 upon subsequent acquisition of the requisite qualification, in accordance with the review contemplated under the above proviso. 10. For better appreciation, Rule 6(b) of AP State and Subordinate Service Rules is reproduced hereunder: 6.METHOD OF PREPARATION OF PANELS:- (a)… (b) The panel of candidates for appointment by transfer to a service or a class of service in any case, where the Commission is not consulted on the suitability of a candidate for such appointment under sub-clause (b) of Clause (3) of Article 320 of the Constitution of India or for promotion, shall be prepared ordinarily during the months of September every year on the basis of estimate of vacancies sent in terms of sub-rule (d). First September of the year shall be reckoned as the qualifying date to determine the eligibility of a candidate for such appointment, which shall cease to be inforce on the afternoon of the 31st December of the succeeding year or till the next panel is prepared whichever is earlier and for the purpose of preparing the said panel, the zone of consideration shall be in the ratio of 1:3. The period from 1st September of the year to the 31st August of the succeeding year shall be reckoned for purpose of determining the number of vacancies during the panel. Provided that if the number of candidates to be included in the panel falls short of the number of vacancies estimated such shortfall shall be made good by considering the claims of the other qualified and eligible candidates, if any, in the seniority list placed immediately below. Provided further that the panel of candidates so prepared shall be reviewed after a period of six months reckoned from the date of approval of the panel, for the purpose of considering the cases of such other persons whose names were not included in the panel prepared earlier for not passing the prescribed tests or for not having special qualifications prescribed under the rules, if they have subsequently passed those tests or acquired the said qualifications and are otherwise found suitable for inclusion in the panel of the year. No such review of list of approved candidates shall, however, be undertaken where no tests or special qualifications are prescribed under the rules as condition precedent for promotion or appointment by transfer: ….” P a g e | 7 11. Whereas, in the instant case, the 3rd respondent has no qualification during the relevant panel year even for reviewing the panel as contemplated under the above proviso. The respondents have deferred the promotions to the subsequent panel year so as to accommodate persons who had not acquired the requisite qualification during the relevant panel year. 12. Learned counsel for petitioner further submitted that, when the vacancies pertaining to the previous panel year are filled during the subsequent panel year, the authorities are required to give effect to the panel prepared for the previous panel year and fill the vacancies with the candidates who were eligible and included in such panel against the vacancies pertaining to that panel period. Only thereafter, the authorities can proceed to consider candidates included in the subsequent panel against vacancies that arose during the subsequent panel period as contemplated under Rule 6(c) and (d) of the A.P. State and Subordinate Service Rules. In the instant case, during the panel year 2022-2023, the petitioner was eligible for promotion to the post of Principal under the Pharmacy category, having been promoted as Head of Pharmacy Section on 02.11.2018 and having completed the requisite qualifying service. On the other hand, the 3rd respondent, who was subsequently impleaded as a party respondent, was not eligible for promotion during the said panel year. However, as the promotions pertaining to the panel year 2022-2023 were not effected, and were postponed to the subsequent panel year, the 3rd respondent acquired eligibility in the meantime and was promoted against the vacancy pertaining to the earlier panel period. As such, P a g e | 8 the procedure adopted by the authorities is contrary to Rule 6 of AP State and Subordinate Service Rules. 13. Per contra, learned Assistant Government Pleader submitted that, for administrative reasons, the authorities could not effect promotions during the panel year 2022-2023. However, subsequently, in accordance with the panel year 2023-2024, the unofficial respondent was found eligible and was promoted. Therefore, there is no illegality in the action of the respondents, and the petitioner has no vested right to claim promotion. It is for the employer to decide as to whether the promotions have to be effected or not keeping in view of the administrative exigencies, and there is no discrimination as alleged by the petitioner. None of the appointments were made by promotion during the panel year 2022 to 2023. 14. Learned counsel appearing for the unofficial respondent submitted that he got himself impleaded as a party respondent in view of the interim order passed by this Court staying the entire promotions. Subsequently, this Court modified the said order and permitted the respondents to proceed with the promotions. Learned Counsel submitted that he did not dispute about the legal position or entitlement of the petitioner. However, learned counsel for the 3rd respondent submitted that, as vacancies are still available, petitioner’s case can be considered and that will not effect the promotion of the 3rd respondent and will not in any way cause prejudice to 3rd respondent. P a g e | 9 15. Considered the submissions made by the respective counsel and perused the entire material on record. As per Rule 6 of AP State and Subordinate Service Rules and G.O.Ms.No.337, dated 18.06.1983, once the vacancies for a particular panel year are notified, panel is prepared for promotion, the procedure to be adopted was enumerated in the said G.O. In this regard, paragraph No.2(iv) of the above said G.O., is required to be extracted hereunder: While considering the suitability of the Officer for inclusion in the panel, the PF of the Officer only till the relevant year of selection should be taken into consideration. For example for preparing the panel relating to the vacancies for the year 1981, the latest available records of service of Officer up to the period ending March 1981 should be taken into account and not the subsequent ones. 16. A plain reading of the above provision makes it clear that, once the actual vacancies are determined in the panel year, the same shall be filled with the candidates eligible during that panel year. A conjoint reading of G.O.Ms.No.337, with Rule 6 of the AP State and Subordinate Service Rules makes it clear that, while effecting promotions against vacancies pertaining to a previous panel year, the eligibility of the candidates has to be considered with reference to the relevant panel year and the panel prepared for that year. 17. In the instant case, though the 3rd respondent was not eligible for promotion during the panel year 2022-2023, his case was subsequently considered and he was promoted against the vacancy pertaining to the previous panel year. However, the case of the petitioner, who was eligible for P a g e | 10 promotion during the panel year 2022-2023, was not considered for promotion to the post of Principal. Thus, the respondents have failed to follow the procedure contemplated under Rule 6 of the A.P. State and Subordinate Service Rules and G.O.Ms.No.337, dated 18.06.1983. As such, the action of the respondents in not considering the case of the petitioner against the vacancies pertaining to the panel year 2022-2023 is contrary to the procedure prescribed under the said Rules and G.O. 18. In view of the foregoing reasons, writ petition is allowed. Respondent Nos.1 and 2 are directed to consider the case of the petitioner for promotion to the post of Principal from the post of Head of Pharmacy Section, for the panel year 2022-2023, by duly fixing his notional seniority in the cadre of Principal and placing him at the appropriate place in the seniority list, in accordance with his seniority. As a sequel, miscellaneous applications, pending, if any, shall stand closed. __________________________ JUSTICE BALAJI MEDAMALLI Date: 19.09.2026 Dvs P a g e | 11 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 26030 OF 2023 Date: 19.09.2026 Dvs