P a g e | 1 APHC010029152024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 16th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 1668 OF 2024 Between: 1. Dr GUJJU RAJA SEKHAR KENEDY, M.S.(G.S.) MCH Neurosurgery, S/o.(late) Raja Rao, Aged 55 years. Present working as Associate Professor, Dept., of Neuro Surgery, Andhra Medical College Visakhapatnam ...Petitioner AND 1. State of Andhra Pradesh, represented by its Principal Secretary, Health, Medical and Family Welfare Department, Secretariat Buildings, Velagapudi, Guntur District. 2. State of Andhra Pradesh, represented by its Special Chief Secretary, Health, Medical and Family Welfare Department, Secretariat Buildings, Velagapudi, Guntur District. 3. Director of Medical Education, Andhra Pradesh, Vijayawada, NTR Krishna District. 4. The Principal, Andhra Medical College, Visakhapatnam. 5. Dr Seshadri Sekhar, S/o. father name not known aged about 61 years. Associate Professor, SMC, Vijayawada. 6. Dr P Prahaladu, S/o.Babayya, aged about 60 years. Associate Professor, Neuro Surgery Kurnool Medical College, Kurnool. P a g e | 2 7. Dr Ch Surendra Kumar, S/o. Swamy Naidu, aged about 55 years, Associate Professor, Neuro Surgery, Kurnool Medical College, Kurnool. ...Respondents 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, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents 1 to 3 in not showing, ignoring the name of the petitioner by issuing impugned proceedings under Rc.No.2273275/El.A/2022 dt.02.01.2024, promotion to the post of Professor of Neurosurgery from the post of Associate Professor though petitioner name shown at Serial No.l in both Provisional and Final Seniority List issued by the 3rd respondent vide proceedings dt. 14.09.2023, dt.04.10.2023 respectively is illegal, arbitrary, against to the principles of natural justice and against to the proceedings issued under Rc.No.2137382/El.A/2023 dt. 12.07.2023, RC.NO.2204996/E1.A/2023 dt.14.09.2023, Rc.No.2204996/ElA/2023 dt.04.10.2023, GOMS No.2022 dt.15.12.2023 and consequently quash the Rc proceedings 2273275/El.A/2022 dt.02.01.2024 proceedings and to direct the respondents 1 to 3 to include the petitioner name as Serial No.l person, respondents 5 to 7 at Serial No.2 to 4 in DPC 2023. 2024 promotional list in neurosurgery in terms of the Provisional and Final Seniority list prepared by the 2rd respondent dt. 14.09.2023, dt. 14.10.2023 without depriving the right of the petitioner to get promotion as Professor in Neurosurgery and to pass such 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 pass an Order to grant stay of all further proceedings pertains to DPC 2023.2024 Promotional Proceedings being conducted by the respondents 1 to 3 for the post of Professors in Neurosurgery pending disposal of the Writ Petition and to pass such P a g e | 3 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 to vacate the interim orders granted on 22.01.2024 in WP No. 1668 of 2024 and pass IA NO: 3 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 modify interim orders granted on 22/23.01.2024 in W.P. 1668 of 2024 permitting the 3rd Respondent in main W.P. for conducting the Zoom Counselling and to effect the promotion for the remaining posts of Professors of Neuro Surgery except for one post, and to pass IA NO: 4 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 receive the counter affidavit on record by allowing the leave petition in the above writ petition and to pass IA NO: 1 OF 2026 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 2nd Respondent to consider the case of the Petitioner to transfer him from Government Medical College, Rajamahendravaram to Andhra Medical College, Visakhapatnam in a existing vacancy post, subject to outcome of the Writ Petition and pass Counsel for the Petitioner: HARINATH REDDY SOMA Counsel for the Respondents: VISWANATH N Counsel for the Respondents: GP FOR SERVICES IV The Court made the following order: P a g e | 4 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 1668 OF 2024 ORDER: 1. This Writ Petition is filed for the following relief: “……to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of Respondents 1 to 3 in not showing, ignoring the name of petitioner by issuing impugned proceedings under Rc.No.2273275/El.A/2022 dt.02.01.2024, promotion to the post of Professor of Neurosurgery from the post of Associate Professor though petitioner name shown at Serial No.1 in both Provisional and Final Seniority List issued by 3rd respondent vide proceedings dt. 14.09.2023, dt.04.10.2023 respectively is illegal, arbitrary, against to the principles of natural justice and against to the proceedings issued under Rc.No.2137382/El.A/2023 dt.12.07.2023, RC.NO.2204996/E1.A/2023 dt.14.09.2023, Rc.No.2204996/ElA/2023 dt.04.10.2023, G.O.Ms.No.2022 dt.15.12.2023 and consequently quash the Rc proceedings 2273275/El.A/ 2022 dt.02.01.2024 proceedings and to direct the respondents 1 to 3 to include the petitioner name as Serial No.1 person, respondents 5 to 7 at Serial No.2 to 4 in DPC 2023. 2024 promotional list in neurosurgery in terms of the Provisional and Final Seniority list prepared by the 2nd respondent dt.14.09.2023, without depriving the right of the petitioner to get promotion as Professor in Neurosurgery…..” 2. As regards the grievance of petitioner relating to his promotion, the same does not survive for consideration, inasmuch as petitioner has since been promoted as Professor of Neurosurgery. Therefore, no further adjudication is called for on the said aspect. 3. Insofar as the grievance relating to petitioner's place of posting is concerned, it is stated that petitioner is presently working at Government Medical College, Rajamahendravaram. Learned counsel for petitioner submits that, having regard to the petitioner's seniority, he may be considered for posting at Andhra Medical College, Visakhapatnam. P a g e | 5 4. Learned counsel for petitioner has also filed I.A.No.1 of 2026 seeking a direction to respondents to consider the petitioner's request for transfer from Government Medical College, Rajamahendravaram to Andhra Medical College, Visakhapatnam. 5. Having regard to the aforesaid circumstances, this Court considers it appropriate to leave the matter to the competent authorities. Accordingly, it is open to the petitioner to submit an appropriate representation to the competent authority seeking his transfer from Government Medical College, Rajamahendravaram to Andhra Medical College, Visakhapatnam. If any such representation is made, the competent authority shall consider the same in accordance with the applicable rules and guidelines governing transfers, subject to the petitioner's eligibility, administrative exigencies and availability of a suitable vacancy at Andhra Medical College, Visakhapatnam. 6. It is made clear that the above observations shall not be construed as conferring any vested or automatic right of transfer upon petitioner, and the competent authority shall take an appropriate decision on the request in accordance with law. 7. In view of the foregoing, Writ Petition is disposed of. No order as to costs. Interim orders, if any, granted earlier shall stand vacated, and all pending miscellaneous petitions, if any, shall stand closed. __________________________ JUSTICE BALAJI MEDAMALLI Date: 16.09.2026 SAK P a g e | 6 208 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 1668 OF 2024 Date: 16.09.2026 SAK