APHC010558162024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 29176/2024 Between: 1. CHIRIPIREDDY KONDAREDDY, 34 YRS,DNO.2-27,GARAKU PALEM,GARAKU PALEM (M) ,POLINENI CHERUVU,PRAKASAM,ANDHRA PRADESH-523116. 2. BAKKA ESWARAIAH VEERANNAKALLU,, FORMERLY PRINCIPAL VICTORY VOCATIONAL JUNIOR COLLEGE SINGARAYAKONDA, VTC. PO VEERANNAKOLLU, DIST NELLORE, A.P.524224. MOB. 7095417860 3. CHAKALI NAGENDRA, S/O YERRISWAMY, SECRETARY, A.P. SOFT BALL ASSOCIATION, 3-284, WEAVARS COLONY, AKUTOTAPALLI, VTC ITIKALAPALLE, PO. SRI VENKATESWARA PURAM, ANANTAPUR DIST- 515003, MOB. 9866591761. 4. CHAKALI VENKATESULU,, S/O LATE C.HAMUMANTHAPPA, CEO A.P STATE SOFT BALL ASSOCIATION R/0 12-47, MASEED STREET, RODDAM, ANANTHAPUR, ANDHRA PRADESH- 515123. ...PETITIONER(S) AND 1. THE HONBLE HIGH COURT OF AP, REP BY REGISTRAR GENERAL,NELAPAD U VILLAGE, AMARAVATHI, GUNTUR DISTRICT 2 2. THE HONBLE HIGH COURT OF A P, REP BY REGISTRAR ADMINISTRATION, NELAPADU VILLAGE, AMARAVATHI, GUNTUR DIST. 3. THE HONBLE HIGH COURT OF A P, REP BY REGISTRAR RECRUITMENT, NELAPADU VILLAGE, AMARAVATHI, GUNTUR DIST. 4. DISTRICT COLLECTOR AND MIGISTRATE, PRAKASAM DIST, ONGOLE 5. SPECIAL COLLECTOR LAND ACCQUISATION, POOLA SUBBAIAH VELEGONDA PROJECT, PRAKASAM DIST. 6. THE SPORTS AUTHORITY OF ANDHRA PRADESH, REP BY THE VICE CHAIRMAN AND MANAGING DIRECTOR, INDIRA GANDHI MUNICIPAL CORPORATION STADIUM ,LABBIPET, VIJAYAWADA, ANDHRA PRADESH-520002. 7. ADMINISTRATIVE OFFICER, DIST COURT, ONGOLE PRAKASAM DIST. 8. KANDUKURI ANIL, S/O KANDUKURI SREE RAMA MURTHY, 35YRS, GURAVAREDDY PALEM, SANTANUTALAPADU MANDAL, PRAKASAM DIST. 9. YERRAVARAPU SEENAIAH, P.E.T, ALURU, KOTTAPATNAMMANDAL, PRAKASAMDIST. 10. SIDDAMURTHY MALLIKHARJUNA REDDY, PET, PD, ZP. HIGH SCHOOL, KASUPUR VENKATACJHALAM MANDAL SPSR NELLORE DIST.- PIN 524320. 11. BUDDU SUBBA RAO, GOVERNMENT EMPLOYEE WORKING AS PD, GURUKUL PATASALA, DARASI, 12. BODDU RAMANA, D/O VENKATESWARULU, SECRETARY DIST SOFT BALL ASSOCIATION, PRAKASAM DIST. ...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 an appropriate order more so in the nature of writ of Mandamus declaring the action of the Respondents-1 to 7 as 3 irregular, arbitrary, violation of Articles 14, 16, 21 and 300 A of the Constitution of India and the Hon’ble Court may be pleased to summon the Victory Vocational Junior College Attendance Register, and to direct the official Respondents to verify the bonafides of the unofficial Respondents and consider the merit of the Petitioner-1 and pass 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 may be pleased to stay of all further proceedings in the finalization of selection and issue of appointment orders for the Post of Process Server under Sports Quota, till the Writ Petition is disposed off 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 may be pleased to suspend the impugned orders issued by the respondent no-4 vide RC.A1/1004/2024, dated 04.11.2024 till the writ petition is disposed of on merits 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 proceedings of the 6th Respondent vide its Lr.No. No. SAAP/ASSN/Enq/2523144/2024, Dt.20.01.2025 and direct the Respondents not to proceed further in pursuance of consequential Notice issued by the Principal District & Sessions Judge, Prakasam at Ongole, dt.24.02.2025 and pass IA NO: 2 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 to grant leave to the petitioner herein/Respondent No.6 in the Writ Petition No.29176 of 2024 to file counter affidavit in the above Writ Petition and pass Counsel for the Petitioner(S): 1. PULIPATI RADHIKA Counsel for the Respondent(S): 4 1. GP FOR LAND ACQUISITION 2. PINNIKA NAGARJUNA YADAV 3. R ANNAPURNA 4. MADHAVA RAO NALLURI 5. G SAI NARAYANA RAO SC For SAAP 5 The Court made the following order: The 1st petitioner had applied for the post of Process Server in Prakasam District. He also claimed entitlement for the sports quota on the ground that he had participated in National Sports Meet for Soft Ball, where, the team he played for, was adjudged to be runners-up and had won a silver medal. His participation in the competition is said to have taken place from 24.12.2022 to 28.12.2021 in Ananthapur. 2. The certificates, produced by the 1st petitioner, were sent to the Sports Authority of Andhra Pradesh for verification. Thereafter, the sports authority of Andhra Pradesh certified the said certificates and on the basis of such certification, the 1st petitioner was sought to be appointed as a Process Server in Prakasam District. 3. At that stage, the 8th respondent, who had also sought for appointment to the same post under the sports category, had filed a complaint, against the 1st petitioner, stating that the certificates produced by the 1st petitioner are fabricated documents and that he had never participated in the National Sports Meet for Soft Ball said to have been conducted, from 28.12.2021 to 28.12.2021, in Ananthapur. 4. On the basis of this complaint, the Sports Authority of Andhra Pradesh again conducted an enquiry and filed a report stating that the certificates produced by the 1st petitioner are not genuine and that he is not entitled to be considered under the sports quota. The petitioners 6 being aggrieved by the said enquiry report and the consequential proceedings of the District Collector and Magistrate dated 04.11.2024, seeking further action to be taken against the petitioners herein, had filed the present writ petition. 5. The case of the 1st petitioner is that the complaint given by the 8th respondent itself is a false complaint and that he had been coerced into withdrawing from the appointment given to him on account of the coercive measures taken by the 8th respondent and his associates. Apart from this, the 1st petitioner would also contend that, the report has been prepared without proper notice and opportunity being given to him. Further, he also sought to assail the report on merits by pointing out various lacuna in the said report. 6. A counter affidavit has been filed on behalf of the 6th respondent- The Sports Authority of Andhra Pradesh. In this counter affidavit, it is contended that, notices have been sent to the petitioners at the initiation of the enquiry and there was no response from the 1st petitioner. It is further contended that, one of the notices required the 1st petitioner to attend a physical test and the same was received by him. However, the 1st petitioner chose not to attend the physical test, which goes to show that the he is not a person who is skilled in the game of soft ball. 7. The 8th respondent has also filed a counter affidavit contending that, the 8th respondent had never coerced the 1st petitioner into 7 withdrawing from any post and further, the entire documentation, produced by the 1st petitioner, demonstrating his participation in the National Meet for Soft Ball are fabricated documents. The 8th respondent is also unhappy with the report of the Sports Authority of Andhra Pradesh. It is the contention of the 8th respondent that, he had also pointed to the transfer of money from the 1st petitioner to the other petitioners herein and that this aspect was not enquired into. 8. According to the respondents, the 1st petitioner had been served with two notices, dated 10.10.2024 and 09.12.2024. In the notice dated 10.10.2024, the 1st petitioner was informed about the complaint filed by the 8th respondent that his certificates were false, and both the 1st petitioner and the 8th respondent were called upon to attend the office of the 6th respondent on 15.10.2024 along with relevant documents. In the notice dated 09.12.2024, the 1st petitioner was called upon to be present on 11.12.2024 along with sportswear and other equipment for participating in physical test without fail. It is contended that the 1st petitioner did not attend the physical test. 9. The communication of the Collector, Prakasam District to the Wise- Chairman of the Sports Authority of Andhra Pradesh on 04.11.2024 states that, a preliminary enquiry had been conducted on 08.08.2024, during which the details of the complaint were gone into and findings of the enquiry officer had also been concluded. The findings of the enquiry officer was that, the 1st petitioner did not attend the 43rd National Soft Ball 8 Championship held at Ananthapur, on the dates claimed by the 1st petitioner. This is on the ground that the principal of Victor vocational Junior college, Singarayakonda, Prakasam District, had given a statement that, the 1st petitioner was attending college on those days and as such he could not have attended the soft ball championship held at Ananthapur. Thereafter, the enquiry is said to have commenced. However, this communication between the District Collector and the MD of the Sports Authority of Andhra Pradesh is not mentioned in the notice dated 09.12.2024. Apart from this, no further notice had been given to the 1st petitioner of the dates on which further enquiry was to be conducted. 10. The enquiry report, dated 11.12.2024, records that the enquiry committee had verified the audio and video records of the statements made by the 1st petitioner and the 8th respondent on 15.10.2024 and thereafter took a view that the certificates produced by the 1st petitioner are false on the ground that he did not have basic level certificates like Sub-Junior, Junior, Intermediate College or University certificates, and had only participated at the lower level, for which he held a medal certificate. This conclusion could have been drawn after placing these facts before 1st petitioner and calling for his explanation. It does not appear that any such steps were taken by the enquiry committee. 11. In these circumstances, this Court must hold that there has been violation of principles of natural justice. Accordingly, this writ petition is allowed with the following directions: 9 1. The Managing Director of the Sports Authority of Andhra Pradesh shall constitute a proper enquiry committee to enquire into the genuineness or falsity of the certificates of the 1st petitioner. 2. This enquiry committee shall gather and collate all the material which has been obtained by the earlier enquiry committees and such other material that the enquiry committee may deem fit and serve the same on the 1st petitioner with a show cause notice calling upon the 1st petitioner to show cause why the certificates of the 1st petitioner should not be rejected. 3. The enquiry committee, apart from going into the question of genuineness of the certificates produced by the 1st petitioner, can also go into the question of any illegal gratification that the 1st petitioner is said to have given to the other petitioners in the present case. If any such gratification is found, further steps may be taken against the other petitioners subsequently after due notice and opportunity given to them. 4. This exercise shall be completed within a period of three (03) months from the date of receipt of this order. 5. In the event of the 1st petitioner absenting himself from any further physical test or from any further hearing, after receipt of notice, the same shall be held against the 1st petitioner. 10 6. The vacant post shall be filled up after the enquiry is completed based on the findings of the enquiry. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. _______________________ R RAGHUNANDAN RAO, J ________________ T.C.D. SEKHAR, J Dt.06.01.2026 DSB 11 105 HON’BLE SRI JUSTICE R RAGHUNANDAN RAO AND HON’BLE SRI JUSTICE T.C.D. SEKHAR W.P.No.29176 of 2024 Dated 06.01.2026 U DSB