Reserved on:10.12.2025 Pronounced on:13.02.2026 Uploaded on: 13.02.2026 APHC010024332023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1246/2023 Between: 1. LABUDU BARIKI VENKATA RAO, S/O LB DUKKU, AGED ABOUT 59 YEARS, R/O FLAT NO. 108, VIJAYA ENCLAVE CM CAMP OFFICER ROAD, TADEPALLI, GUNTUR DISTRICT 2. N. SRINIVASA RAO, S/O N. SOMESWARA RAO AGED ABOUT 54 YEARS, R/O FLAT NO. 403, VIJAYA ENCLAVE CM CAMP OFFICER ROAD, TADEPALLI GUNTUR DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS CHIEF SECRETARY, SECRETARIAT, VELAGAPUDI, AMARAVATI 2. THE EXOFFICER SECRETARIAT, (CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES DEPARTMENT) SECRETARIAT, VELAGAPUDI, AMARAVATI 3. THE SELECTION COMMITTEE, (UNDER THE NATIONAL FOOD SECURITY ACT-2013) REP. BY THE PRINCIPAL SECRETARY, WOMEN AND CHILD WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI 2 VS,J W.P.No.1246 of 2023 4. THE A P STATE FOOD COMMISSION, REP.BY ITS MEMBER SECRETARY (FAC), ASHOK NAGAR, VIJAYAWADA. . 5. SMT GANJIMALA DEVI ALIAS KUTUMALA DEVI, W/O NOT KNOWN TO PETITIONER, AGED ABOUT 45 YEARS,OCC MEMBER, ANDHRA PRADESH STATE FOOD COMMISSION, R/O D.NO.7-180/A, BEHIND SAI BABA TEMPLE, JANGAREDDIGUDEM, WEST GODAVARI, OFFICE ADDRESS O/O A.P. STATE FOOD COMMISSION,CIVIL SUPPLIES BHAVAN, ASHOK NAGAR, KANUR, VIJAYAWADA. R5 IS IMPLEADED AS PER THE COURT'S ORDER DT.02.05.2025 IN I.A.NO.01 OF 2025. ...RESPONDENT(S): 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 tomay be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the Orders vide Letter No. FCS 01-FCCS 0 CSS/69/2022- CS, Dt.12-10-2022, issued by the Respondent No.2 rejecting the candidature of the petitioners to Re-appoint them as a members of the Andhra Pradesh State Food Commission under Sec 16(3) (b) and (4) of the National Food Security Act, 2013 as illegal, arbitrary and violation of Art.14 of the Constitutional of India and consequently direct the Respondent no-2 re-appoint the Petitioners as the SC/ST members of the Andhra Pradesh State Food Commission and pass such 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 may be pleased to stay all further proceedings in appointment of members in pursuant to advertisement for the post of members (SC/ST) of Andhra Pradesh State Food commission dated 09-01-2023, pending disposal of the above Writ Petition and 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 grant Leave for filing this Reply Affidavit in the view of Delay caused 3 VS,J W.P.No.1246 of 2023 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 May be Pleased to Implead the respondent No.5/Proposed Respondent No.5 as Respondent as respondent No.5 in the above Writ Petition and pass Counsel for the Petitioner(S): 1. T D PANI KUMAR Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 2. M SRI DEVI The Court made the following: 4 VS,J W.P.No.1246 of 2023 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer: ―…to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the Orders vide Letter No. FCS 01-FCCS 0 CSS/69/2022- CS, Dt.12-10-2022, issued by the Respondent No.2 rejecting the candidature of the petitioners to Re-appoint them as a members of the Andhra Pradesh State Food Commission under Sec 16(3) (b) and (4) of the National Food Security Act, 2013 as illegal, arbitrary and violation of Art.14 of the Constitutional of India and consequently direct the Respondent no-2 re-appoint the Petitioners as the SC/ST members of the Andhra Pradesh State Food Commission and pass such…‖ 2. The Government of Andhra Pradesh, vide G.O.Ms.No.6, Consumer Affairs, Food and Civil Supplies (CS-I), department dated 12.04.2017, constituted the State Food Commission for implication of National Food Security Act, 2013. As per Section 16(2) of the National Food Security Act, 2013, the State Food Commission shall consist of a Chairman, Five other members and a Member Secretary, who shall be an officer of the State Government not below the rank of Joint Secretary. Amongst the abovementioned posts, one person each belonging to the scheduled caste and scheduled tribe must be appointed, whether it be the Chair Person, member or member secretary. Further, the term of Chairman and other members shall not exceed five years from the date they assume office and shall be eligible for re-appointment till such candidate attains the age of 65 years. 5 VS,J W.P.No.1246 of 2023 3. The 1st petitioner belongs to scheduled tribe community and the 2nd petitioner belongs to the scheduled caste community. As the petitioners possess requisite qualifications, they were selected as members of the State Food Commission vide G.O.Ms.No.11, Consumer Affairs, Food and Civil Supplies (CS-I) department dated 19.07.2017. Ever since, the petitioners are said to have rendered their duties as members of the State Food Commission without any remark, till the completion of their tenure i.e. 06.08.2022. On 24.06.2022, the 2nd respondent issued advertisement inviting applications for appointment of five members to the Andhra Pradesh State Food Commission. As the petitioners, who have already performed their duties as members are eligible for reappointment as per Section 16(4) of the National Food Security Act, 2013, have submitted their applications on 11.07.2022. 4. Subsequently, the 2nd respondent, without considering the applications submitted by the petitioners, vide G.O.Rt.No.41, Consumer Affairs, Food and Civil Supplies (CS-I) department, dated 02.08.2022 ordered to relieve the five members of the Andhra Pradesh State Food Commission with effect from 06.08.2022, including the petitioners herein. The said order was challenged by the petitioners before this Court in W.P.No.24551 of 2022, which was disposed of on 12.08.2022, by directing the 2nd respondent to consider the applications of the petitioners dated 11.07.2022, in accordance with law. 6 VS,J W.P.No.1246 of 2023 5. Thereafter, the 2nd respondent, vide G.O.Ms.No.25, Consumer Affairs, Food and Civil Supplies (CS-I), department, dated 07.10.2022 appointed three individual members, out of whom two belong to open category and one belongs to backward community, without considering the applications of the petitioners as per Section 16(4) of the National Food Security Act, 2013. As such, the petitioners were constrained to file a contempt case (C.C.No.4204 of 2022) before this Court in W.P.No.24551 of 2022. After receipt of the notice in the contempt case, the 2nd respondent, vide letter dated 12.10.2022, rejected the applications submitted by the petitioners on the ground that a member cannot seek re-appointment basing on the words ‗Shall be eligible‘ and that it is for the State Government to take a decision. Aggrieved by the letter addressed by the 2nd respondent on 12.10.2022, the petitioners approached this Court by way of the present writ petition. 6. When the writ petition came up for hearing on 24.03.2025, this Court has directed the respondent authorities not to fill up one vacant post meant for ST candidate for the members of the Andhra Pradesh State Food Commission. 7. The 2nd respondent filed a detailed counter affidavit denying the contentions of the petitioners. It is stated in the counter affidavit that subsequent to constitution of the Andhra Pradesh State Food Commission, vide G.O.Ms.No.6, dated 12.04.2017, a Selection Committee was constituted 7 VS,J W.P.No.1246 of 2023 for selection of chairperson and other members of the Commission. Based on the recommendations of the State Selection Committee, Government, vide G.O.Ms.No.11, dated 19.07.2017, constituted Andhra Pradesh State Food Commission with one chairperson, five members and one member secretary. The petitioners are amongst the five members of the Food Commission. Thereafter, in the year 2022, the State Government has issued a notification on 24.06.2022 calling for applications from eligible applicants for filling up the arising vacancies of members of the State Food Commission. It is further stated that vide G.O.Rt.No.41, dated 02.08.2022, the officers who were appointed on 19.07.2017, were directed to be relieved with effect from 06.08.2022, as their term of five years would be completed on the said date. Pursuant to the notification dated 24.06.2022, a total of 90 applications were said to have been received by the Government and a Selection Committee has been constituted for preparation of list of probable members for appointment to the Andhra Pradesh State Food Commission, vide G.O.Ms.No.3, CA, F&CS, department dated 01.02.2022. It is stated that the petitioners have approached this Court by filing W.P.No.24551 of 2022, aggrieved by the relieving order dated 02.08.2022. It is specifically stated in the counter affidavit that no person have the right to hold the office as member of the A.P. State Food Commission after expiry of five years of tenure, without 8 VS,J W.P.No.1246 of 2023 following due procedure as contemplated under the National Food Security Act, 2013. 8. It is further stated in the counter affidavit that prior to passing of an order in the writ petition filed by the petitioners, their applications for reappointment were placed before the Selection Committee along with other applications. The Selection Committee, on 03.08.2022, after careful examination of all the applications, submitted its recommendations and accordingly, the State Government, vide G.O.Ms.No.25, dated 07.10.2022 appointed only three members to the A.P. State Food Commission, out of whom, two members belongs to OC community and one belongs to BC community. As such, the 2nd respondent, vide letter dated 12.10.2022 informed the petitioners that their request for reappointment was rejected. 9. It is further averred in the counter affidavit by the 2nd respondent that as per Rule 8(8) of the A.P. Food Security Rules, 2017, the State Government shall ensure that all the vacancies of the Food Commission are filled. In case of a vacancy arising out of either resignation or termination or retirement of any member, the State Government shall fill the vacancy within a period of not more than three months from the date of arising of such vacancy, ensuring due representation of Women, SC and ST members not less than stipulated in the Act and one BC member. In order to ensure due representation of Women, SC and ST under Rule 8(4)(b) of the A.P. Food Security Rules, 2017 9 VS,J W.P.No.1246 of 2023 and in continuation of the earlier notification dated 24.06.2022, the Government issued supplementary notification on 09.01.2023 for appointment of two (2) Members i.e., one for SC and one for ST candidates in the A.P. State Food Commission. Pursuant to the said notification, a total of 42 application were received, including the 1st petitioner‘s application. In subsequence to the supplementary notification dated 09.01.2023, one Smt. Ganjimala Devi was appointed as member of the A.P. State Food Commission vide G.O.Ms.No.8, CA,F&CS (CS-I), department dated 11.04.2023, under SC- Women category. The said Smt. Ganjimala Devi was impleaded in the present writ petition on 02.05.2025. 10. It is further stated that in order to fill one more post of Member under ST community, the State Government issued a fresh notification on 21.04.2023, inviting applications for selection to the post of Member under ST-Women category. Pursuant to the same, only 9 applications were received. Thereafter, considering the meagre response from the applicants, the State Government has issued a re-notification on 24.05.2023 pursuant to which, 7 additional applications were received. The Selection Committee, after considering the 16 applications received, recommended the probable members to the Government for consideration and appointment as Member to the A.P. State Food Commission. Accordingly, the candidature of one Dr. Gumma Thanuja Rani was appointed as Member to the A.P. State Food Commission, under 10 VS,J W.P.No.1246 of 2023 ST-Women category. However, later on the said person was elected to Lok Sabha as Member of Parliament. It is further stated that steps are under process for filling up the vacant post of Member (ST-Women) to the A.P. State Food Commission. The 4th respondent – A.P. State Food Commission, has also filed a counter affidavit in similar lines to that of the counter affidavit of the 2nd respondent. Thus, respondent Nos.2 and 4 requested this Court to dismiss this writ petition. 11. Heard Sri. T.D. Phani Kumar, learned counsel for the petitioners, learned Government Pleader for Civil Supplies. 12. Perused the entire material available on record. For better appreciation, Section 16 of the said Act is extracted hereunder: ―16. (1) Every State Government shall, by notification, constitute a State Food Commission for the purpose of monitoring and review of implementation of this Act. (2) The State Commission shall consist of— (a) a Chairperson; (b) five other Members; and (c) a Member-Secretary, who shall be an officer of the State Government not below the rank of Joint Secretary to that Government: Provided that there shall be at least two women, whether Chairperson, Member or Member-Secretary: Provided further that there shall be one person belonging to the Scheduled Castes and one person belonging to the Scheduled Tribes, whether Chairperson, Member or Member-Secretary. (3) The Chairperson and other Members shall be appointed from amongst persons— 11 VS,J W.P.No.1246 of 2023 (a) who are or have been member of the All India Services or any other civil services of the Union or State or holding a civil post under the Union or State having knowledge and experience in matters relating to food security, policy making and administration in the field of agriculture, civil supplies, nutrition, health or any allied field; or (b) of eminence in public life with wide knowledge and experience in agriculture, law, human rights, social service, management, nutrition, health, food policy or public administration; or (c) who have a proven record of work relating to the improvement of the food and nutrition rights of the poor. (4) The Chairperson and every other Member shall hold office for a term not exceeding five years from the date on which he enters upon his office and shall be eligible for reappointment: Provided that no person shall hold office as the Chairperson or other Member after he has attained the age of sixty-five years. (5) The method of appointment and other terms and conditions subject to which the Chairperson, other Members and Member-Secretary of the State Commission may be appointed, and time, place and procedure of meetings of the State Commission (including the quorum at such meetings) and its powers, shall be such as may be prescribed by the State Government. (6) The State Commission shall undertake the following functions, namely:— (a) monitor and evaluate the implementation of this Act, in relation to the State; (b) either suo motu or on receipt of complaint inquire into violations of entitlements provided under Chapter II; (c) give advice to the State Government on effective implementation of this Act; (d) give advice to the State Government, their agencies, autonomous bodies as well as non-governmental organisations involved in delivery of relevant services, for 12 VS,J W.P.No.1246 of 2023 the effective implementation of food and nutrition related schemes, to enable individuals to fully access their entitlements specified in this Act; (e) hear appeals against orders of the District Grievance Redressal Officer; (f) prepare annual reports which shall be laid before the State Legislature by the State Government. (7) The State Government shall make available to the State Commission, such administrative and technical staff, as it may consider necessary for proper functioning of the State Commission. (8) The method of appointment of the staff under sub-section (7), their salaries, allowances and conditions of service shall be such, as may be prescribed by the State Government. (9) The State Government may remove from office the Chairperson or any Member who— (a) is, or at any time has been, adjudged as an insolvent; or (b) has become physically or mentally incapable of acting as a member; or (c) has been convicted of an offence which, in the opinion of the State Government, involves moral turpitude; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or (e) has so abused his position as to render his continuation in office detrimental to the public interest. (10) No such Chairperson or Member shall be removed under clause (d) or clause (e) of sub-section (9) unless he has been given a reasonable opportunity of being heard in the matter. 13. Section 16 (1) of the National Food Security Act, 2013, necessitates every State Government to constitute a State Food Commission, which shall consist (a) a Chairperson, (b) five other Members and (c) a Member- Secretary, who shall be an officer of the State Government not below the rank 13 VS,J W.P.No.1246 of 2023 of Joint Secretary. The said Section further compels appointment of at least two women, whether Chairperson, Member or Member-Secretary; provided that amongst the seven posts, at least one person shall belong to Scheduled Castes and one person shall belong to Schedule Tribes. Appointment to the said posts will be given to those persons (i) who are/have been member of the All India Services or any other civil services of the Union or the State and having knowledge, experience in matters pertaining to food security, policy making and administration in the field of agriculture, civil supplies, nutrition, health or any allied field; (ii) who have wide knowledge and experience in agriculture, law, human rights, social service, management, nutrition, health, food policy or public administration. Further, sub-section (4) of Section 16 of the Act, 2013 stipulates that a Chairperson and the Members shall hold office for a term not exceeding five years from the date on which he enters upon his office and that such person is eligible for reappointment, however, he/she should not have attained the age of sixty-five (65) years. 14. Admittedly, pursuant to constitution of the Andhra Pradesh State Food Commission on 12.04.2017, a Selection Committee was constituted for selection of one Chairperson, five Members and one Member Secretary, vide G.O.Ms.No.7, dated 17.04.2017. Basing on the recommendations of the Selection Committee, the Government, vide G.O.Ms.No.11, dated 19.07.2017 constituted the Andhra Pradesh State Food Commission with a chairperson, 14 VS,J W.P.No.1246 of 2023 five members and one member secretary. The petitioners were two amongst the five members appointed by the State Government. Accordingly, the petitioners and others assumed office on 02.08.2017. As the tenure of the Members, including the petitioners, ends w.e.f. A.N. of 06.08.2022, the State Government issued a notification on 24.06.2022, calling for applications from eligible applicants for filling up the posts of five members. Pursuant to the same, the petitioners have submitted their applications on 11.07.2022 for re- appointment as per Section 16(4) of the National Food Security Act, 2013. However, without considering the applications submitted by the petitioners, the Government, vide G.O.Rt.No.41, dated 02.08.2022 ordered to relieve the members including the petitioners from the A.N. of 06.08.2022. Aggrieved by the inaction of the respondents in considering petitioners‘ applications for re- appointment to the post of Member, the petitioners filed W.P.No.24551 of 2022, wherein this Court, vide order dated 12.08.2022, directed the 2nd respondent to consider the applications of the petitioner, in accordance with law. 15. It can be seen that pursuant to the notification dated 24.06.2022, a total of 90 applications were said to be received by the Selection Committee and after considering all the applications including the applications of the petitioners, recommended five applicants for each category of ST, SC and BC and 10 applicants for General Category. Considering the recommendations of 15 VS,J W.P.No.1246 of 2023 the Selection Committee, the Government, vide G.O.Ms.No.25, dated 07.10.2022 appointed (i) Sri. Bakkamunthala Kantha Rao (under BC category), (ii) Sri. Lakshmi Reddy Endela (under OC category) and (iii) Sri. Jakkampudi Krishna Kiran (under OC category). Thereafter, the Government has issued a fresh notification on 09.01.2023, inviting applications for filling up two posts (one under SC and the other under ST category). Accordingly, a total of 42 applications were received for the said posts, the Selection Committee, after considering the same, shortlisted a total of ten applicants and out of them, the Government appointed the 5th respondent herein vide G.O.Ms.No.8, dated 11.04.2023, under SC category. 16. As another post of Member under ST category was lying vacant, the Government issued another notification dated 21.04.2023, however, the said post was notified for women belonging to ST category. Pursuant to the same, one Dr. Gumma Thanuja Rani was appointed as Member of the State Food Commission, however, as the said person was elected as a Member of Parliament to Lok Sabha, the said post is still lying vacant. 17. As on the date, the Andhra Pradesh State Food Commission is functioning with the following personnel: Sl.No. Name of the Officer Post Holding 1. Sri. Chiha Vijaya Pratap Reddy Chairperson – Appointed vide G.O.Ms.No.5, dated 16 VS,J W.P.No.1246 of 2023 28.03.2022 2. Sri. Bakkamunthala Kantha Rao Members – Appointed vide G.O.Ms.No.25, dated 07.10.2022 3. Sri. Lakshmi Reddy Endela 4. Sri Jakkampudi Krishna Kiran 5. Smt. Ganjimala Devi Member – Appointed vide G.O.Ms.No.8, dated 11.04.2023 6. Smt. K. Ranga Kumari Member Secretary (FAC) 18. Admittedly, four Members were appointed till date, out of which, one person belongs to BC category, two persons belong to OC category and the other person (woman) belongs to SC category. As per sub-Section (2) of Section 16 of the National Food Security Act, 2013, the Andhra Pradesh State Food Commission shall consist at least two women, whether it be Chairperson, Member or Member-Secretary. As of now, it can be seen that one woman, belonging to SC category is holding the post of Member and the other woman, who is Additional Director, O/O Commissioner, Civil Supplies, Andhra Pradesh, is holding the post of Member Secretary of the Andhra Pradesh State Food Commission. Thus, it can be said that the condition that the State Food Commission shall consist two women is satisfied. Now, the question that arises for consideration is as to who shall fill the remaining one post. 17 VS,J W.P.No.1246 of 2023 19. Admittedly, the State Food Commission shall consist a person belonging to SC category, a person belonging to ST category, a person belonging to BC category, irrespective of the post they hold. Vide G.O.Ms.No.25, dated 07.10.2022, one Sri. Bakkamunthala Kantha Rao, who belongs to BC category was appointed as Member and one Smt. Ganjimala Devi, who belongs to SC category was appointed as Member vide G.O.Ms.No.8, dated 11.04.2023. It is clear that there is no representation on behalf of ST category as of now. When the condition that there shall be atleast two women in the Andhra Pradesh State Food Commission was fulfilled, the question of issuing a fresh notification for filling up the post of Member under ST (Women) category does not arise. In such a case, the respondent authorities ought to have issued a fresh notification calling for applications from the applicants to fill up the post under ST category, but, should not have restricted it to women belonging to ST category, when there is enough representation on their behalf. 20. It can be seen from the material available on record that the 1st petitioner belongs to ST category and the 2nd petitioner belongs to SC category. It is clear that one post of Member was already filled with the 5th respondent, who belongs to SC category, vide G.O.Ms.No.8, dated 11.04.2023. Hence, the relief as against the 2nd petitioner would not survive for further adjudication. The post of Member to the Andhra Pradesh State 18 VS,J W.P.No.1246 of 2023 Food Commission under ST category is lying vacant and vide interim order dated 24.03.2025, this Court has directed the respondent authorities not to fill up the said post meant for ST candidate. In view of the same, the respondent authorities shall issue a fresh notification for filling up the vacant post of Member in the Andhra Pradesh State Food Commission under ST category alone without restricting the gender. Pursuant to such notification, the 1st petitioner is at liberty to submit his application for the same and the respondent authorities are directed to consider the same, under Section 16(4) of the Act, 2013. The said process shall be completed within a period of three (3) months in accordance with Rule 8(8) of the A.P. Food Security Rules, 2017 from the date of receipt of a copy of this order. 21. In view of the above direction, this writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. _____________________ JUSTICE V.SUJATHA 13.02.2026 Gss