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2026 DAILYLAW 23896 (AP)

THE STATE OF ANDHRA PRADESH v. MUGGU VENKATESULU

WA/978/2025 · 2026-03-09

Battu Devanand, Subhendu Samanta

body2026

Judgment text

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APHC010464602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3565] TUESDAY,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT APPEAL NO: 978/2025 Writ Appeal under clause 15 of the Letters Patent to set aside the interim orders passed by the learned single judge in W.P.No.22821/2025, dated 28.8.2025 by allowing the present writ appeal in the interest of justice and pass Between: 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT EDUCATION OFFICER,, AMBEDKAR, KONASEEMA DISTRICT, AMALAPURAM. 3. THE CONVENOR,, ANDHRA PRADESH DISTRICT SELECTION- COMMITTEE-2025, RECRUITMENT (AP DSC), VIDYABHAVAN, TADEPALLI, GUNTUR DISTRICT. ...APPELLANT(S) AND 1. MUGGU VENKATESULU, S/O. KASULU, AGE 28 YEARS, R/O. H.NO.7-324, MARKET ROAD, MUMMADIVARAM MANDAL, AMBEDKAR, KONASEEMA DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, SOCIAL WELFARE (CV-L) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR 2 DISTRICT. 3. THE COMMISSIONER, SOCIAL WELFARE DEPARTMENT, TADEPALLI, VIJAYAWADA, KRISHNA DISTRICT. 4. THE DISTRICT COLLECTOR, AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM 5. THE DEPUTY DIRECTOR, SOCIAL WELFARE DEPARTMENT, AMBEKAR KONASEEMA DISTRICT AMALAPURAM ...RESPONDENT(S): 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 pleased to suspend the interim orders passed in I.A. No 1 of 2025 in W.P.No.22821/2025, dated 28.08.2025 pending disposal of the above writ appeal in the interest of justice and pass Counsel for the Appellant(S): 1. GP FOR SCHOOL EDUCATION Counsel for the Respondent(S): 1. G VENKATA REDDY 2. GP FOR SERVICES I 3. GP FOR SERVICES II The Court made the following: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT APPEAL NO.978 of 2025 JUDGMENT:(Per Hon’ble Sri Justice Battu Devanand) This Writ Appeal is filed by the State against an interim order passed by the learned Single Judge of this Court, dated 28.08.2025 in W.P.No.22821 of 2025. 2. Heard learned Government Pleader for the appellants and the learned counsel for the respondents and perused the material available on record. 3. The respondent No.1 herein filed a writ petition against the action of the appellants herein in not considering his candidature in Andhra Pradesh District Selection Committee-2025 recruitment (AP DSC) under SC (Budaga Jangam) Category basing on the caste certificate held by him as per the merit secured by the respondent No.1 in the test conducted by the appellant No.3 herein as illegal, arbitrary and unjust. 4. At the stage of admission of the said writ petition, a learned Single Judge of this Court, has passed a similar interim order as passed in W.P.No.22173 of 2025, on 28.08.2025 in I.A.No.1 of 2025 in W.P.No.22821 of 2025, directing the respondents therein to consider the case of the petitioner 4 therein unless and until his caste certificate is cancelled in accordance with law. Aggrieved by the said order, the present writ appeal is filed. 5. During the course of hearing of this writ appeal today, the learned Government Pleader appearing for the appellants would submit that the respondent No.1 herein submitted an application for APDSC-2025 under the Open Category. The Selection Committee also issued hall ticket considering his candidature under Open Category. As such, claiming reservation under Scheduled Caste Category after completion of the selection process is not permitted under law. 6. Learned Government Pleader further contends that as this appeal is filed against an interim order passed by the learned Single Judge and the main writ petition itself is pending adjudication before the learned Single Judge, it is desirable to dispose of this writ appeal with a direction to the learned Single Judge to dispose of the writ petition itself on merits in accordance with law. Learned counsel for the respondents also agreed for that proposal. 7. In view of the same, in our considered view, it is appropriate and desirable to dispose of this writ appeal, requesting the learned Single Judge to dispose of the writ petition on merits, in accordance with law, as expeditiously as possible, to meet the interest of justice, instead of keeping this writ appeal pending. 8. Accordingly, this Writ Appeal is disposed of. 5 9. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND ____________________________ JUSTICE SUBHENDU SAMANTA Date:10.03.2026 SA 6 244 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT APPEAL NO: 978/2025 Date: 10.03.2026 SA