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2026 DAILYLAW 2193 (AP)

M SRINIVASULU v. The State of Andhra Pradesh,

WP/4687/2026 · 2026-05-05

V Sujatha

body2026

Judgment text

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APHC010084632026 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 4687 OF Between: 1. M SRINIVASULU, S/O M. GANGARAJU DENTAL ASSISTAN SURGEON, WORKING IN THE AREA HOSPITAL PUNGANUR ANNAMAYYA DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MEDICAL AND HEALTH, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE DIRECTOR, DIRECTORATE OF SECONDARY HEALTH, ANDHRA PRADESH, TADEPALLI, GUNTUR DISTRICT. Petition under Article 226 of the Constitution of India praying that i circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate writ order or Writ petition is filed challenging the action of the respondents in not notifying the vacancy of CHC Puthur against mismatching Dental Assistant Surgeon counseling held on 10- representation dated 11.02.2026 to consider and transfer the petitioner as Dental Assistant Surgeon, Puttur against mismatch is illegal, arbitrary and consequently to direct the respondents to notify and post the petitioner as a Deputy D forthwith and pass 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 4687 OF 2026 M SRINIVASULU, S/O M. GANGARAJU, AGED 46 YEARS, OCC. DENTAL ASSISTAN SURGEON, WORKING IN THE AREA HOSPITAL PUNGANUR ANNAMAYYA DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MEDICAL AND HEALTH, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT-522238 THE DIRECTOR, DIRECTORATE OF SECONDARY HEALTH, ANDHRA PRADESH, TADEPALLI, GUNTUR DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that i circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate writ order or Writ petition is filed challenging the action of the respondents in not notifying HC Puthur against mismatching Dental Assistant Surgeon -02-2026 and also not considering the petitioner's representation dated 11.02.2026 to consider and transfer the petitioner as Dental Assistant Surgeon, Puttur against mismatch Dental Assistant Surgeon is illegal, arbitrary and consequently to direct the respondents to notify and post the petitioner as a Deputy Dental Assistant Surgeon in the C IN THE HIGH COURT OF ANDHRA PRADESH [3333] THE HONOURABLE SMT JUSTICE V.SUJATHA , AGED 46 YEARS, OCC. DENTAL ASSISTAN SURGEON, WORKING IN THE AREA HOSPITAL ...PETITIONER THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARIAT, 522238 THE DIRECTOR, DIRECTORATE OF SECONDARY HEALTH, ANDHRA PRADESH, TADEPALLI, GUNTUR DISTRICT.-522501 ...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 to issue a writ of mandamus or any other appropriate writ order or Writ petition is filed challenging the action of the respondents in not notifying HC Puthur against mismatching Dental Assistant Surgeon 2026 and also not considering the petitioner's representation dated 11.02.2026 to consider and transfer the petitioner as Dental Assistant Surgeon is illegal, arbitrary and consequently to direct the respondents to notify and ental Assistant Surgeon in the CHC Puttur 2 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 respondents to notify and post the petitioner as a Deputy Dental Assistant Surgeon in the CHC Puttur forthwith and pass Counsel for the Petitioner: 1. N ASWARTHA NARAYANA Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following Order : 3 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 4687 OF 2026 ORDER:- This Writ Petition is filed challenging the action of the Respondents in not notifying the vacancy of CHC, Puttur against mismatching Dental Assistant Surgeon counseling held on 10.02.2026 and also not considering the representation of the Petitioner dated 11.02.2026 as illegal and arbitrary. 2. The precise case of the Petitioner is that he was initially appointed as Dental Assistant Surgeon on contract basis in CHC, Addateegala, East Godavari District from 2008 to 2011 and thereafter he was appointed as Dental Assistant Surgeon on regular basis and worked in CHC, Kanekal, Anantapuramu District from 2014 to 2019. Since 2019, he has been working as Dental Assistant Surgeon in Area Hospital, Punganur, Annamayya District. 3. While things stood thus, the Respondent No.2 conducted counseling from the feeder cadre of Dental Assistant Surgeon for promotion to the post of Deputy Dental Surgeon for the panel year 2025-26 and counseling was held on 02.02.2026. Accordingly, the Respondent No.2 issued orders vide proceedings in Rc.No.DSH-12021/7/2026, dated 11.02.2026 promoting the certain candidates as Deputy Dental Surgeons. However, counseling was held with regard to mismatch on 10.02.2026, in which, the Petitioner participated and opted for the places. In the said counseling, CHC, Puttur was not shown as a vacancy, hence having no option, the Petitioner opted for CHC, V.Kota. The Petitioner has also made a representation on 11.02.2026 itself to consider 4 and transfer him as Dental Assistant Surgeon to mismatch Dental Assistant Surgeon post and consequently direct the Respondents to notify the post of Deputy Dental Assistant Surgeon in CHC, Puttur, but in vain. Aggrieved by the same, the present Writ Petition came to be filed. 4. Learned Assistant Government Pleader for Services-I for the Respondents placed on record the written instructions of the Respondent No.2, wherein the facts stated by the Petitioner are admitted. However, it is stated that the Petitioner has participated in the mismatch counseling process and was redeployed along with other similarly affected officers in accordance with the applicable rules and his seniority position. The Petitioner opted for CHC, V.Kota and reported for duty on 16.02.2026. Further admitted that the alleged vacancy at CHC, Puttur was not shown during mismatch counseling, since the CMO had directed to submit proposals to pursue consideration of posting of Dr. M. Leela Kiranmai, DAS at CHC, Puttur as per the rules vide CMO Note No.1500/Spl.C.S(MRC)/2026, dated 04.02.2026. In view of the same, CHC Puttur has been kept on hold pending the final decision of the Government. 5. On perusal of the written instructions submitted by the learned Government Pleader for Services-I, it can be observed that nowhere it has been mentioned as to whether any orders are passed by the Respondent No.2 on the representation made by the Petitioner on 11.02.2026. In view of the same, this Court feels it appropriate to dispose of the Writ Petition, without touching the merits of the case, while directing the Respondent No.2 to pass 5 appropriate orders on the representation made by the Petitioner on 11.02.2026 in accordance with law, within a period of four (04) weeks from the date of receipt of a copy of this order. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 06.05.2026 KK