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2026 DAILYLAW 28077 (AP)

Siraj Shaik v. The State of Andhra Pradesh

WP/36804/2025 · 2026-02-22

D Ramesh

body2026

Judgment text

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1 APHC010719612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 36804/2025 Between: 1. SIRAJ SHAIK, S/O SHAIK MALI AHMED HUSSAIN AGED 41 YEARS OCC. EMPLOYEE R/O DR.NO. 27-279-A2, NEAR VANDE MART INDUSTRIAL ESTATE, MOOLASAGARAM NANDYAL, KURNOOL ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. - 522238 2. THE COMMISSIONER OF SCHOOL EDUCATION, VENKATADRI TOWERS, ATMAKUR (M) MANGALAGIRI, AMARAVATI GUNTUR - 522 503 3. THE DISTRICT EDUCATION OFFICER, KURNOOL, KURNOOL DISTRICT - 518 001 ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. PAMARTHY RATHNAKAR Counsel for the Respondent(S): 1. GP FOR SERVICES III The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.36804 of 2025 ORDER: The present writ petition is filed seeking the following relief: “….to issue an order, writ or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in excluding the Petitioner from the final selection list for the post of School Assistant (SA) - Physical Science under Mega DSC-2025, despite the Petitioner being an eligible and meritorious BC-E category candidate, and including and selecting ineligible candidates for the post of School Assistant (Physical Science - Non- Language), Kurnool District, BC-E category, under AP DSC-2025, in violation of the prescribed age limit, essential educational qualifications, reservation norms and roster system, as illegal, arbitrary, and in violation of the principles of natural justice, as well as violative of Articles 14, and 16 of the Constitution of India and consequently, direct the respondents to re-draw the merit list by correctly applying the roster in accordance with law, after re-verifying and re examining the age, qualifications, eligibility, reservation category and roster applicability of the selected candidates and further direct the respondents to consider and appoint the Petitioner to the post of School Assistant (SA) - Physical Science under the BC-E category in the concerned district, strictly in accordance with merit and rules, with all consequential service and monetary benefits….” 4 2. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents. 3. Based on the pleadings, the learned counsel appearing on behalf of the petitioner submitted that the merit list has been prepared and published and that, insofar as filling up the posts under the reserved categories is concerned, G.O.Ms.No.77, dated 02.08.2023, clearly stipulates the procedure along with illustrations. Hence, the present writ petition is filed seeking implementation of the rule of reservation as per the illustrations mentioned in G.O.Ms.No.77, dated 02.08.2023. 4. Respondent No.3 filed a counter. Learned Government Pleader appearing on behalf of the respondents submitted that the respondents prepared the selection list and they scrupulously followed the reservation as per G.O.Ms.No.77. He further submitted that they initially prepared the selection list for 20% of the open category based on merit and thereafter, while filling the remaining 80% meant for local candidates, they followed the instructions contained in G.O.Ms.No.77. There was no deviation in preparing the selection list. The writ petition is based merely on apprehension and is pre-mature. 5 5. Learned counsel for the petitioner submitted that with regard to the filling up of posts in respect of all other social categories the present writ petition is filed. 6. Considering the submissions of the learned counsel for the petitioner as well as the learned Government Pleader, this Court is of the opinion that the petitioner has approached this Court merely on apprehension. The learned counsel has relied only on the merit list and he has not been able to place any selection list. At present, there is only a merit list and no selection list. While preparing the selection list, the respondents are required to follow the rule of reservation and the instructions issued in G.O.Ms.No.77, dated 02.08.2023. Hence, this Court is of the opinion that the writ petition is pre-mature. 7. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 23.02.2026 Ivd 6 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.36804 of 2025 Dated: 23.02.2026 Ivd