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2026 DAILYLAW 4611 (AP)

Ediga Vitta Raghavendra Gowd, v. The State of Andhra Pradesh,

WP/17476/2026 · 2026-07-01

Nyapathy Vijay

body2026

Judgment text

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1 Date of reserved for orders : Date of pronouncement : 02.07.2026 Date of uploading : 09.07.2026 APHC010330162026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE 2nd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17476/2026 Between: 1. EDIGA VITTA RAGHAVENDRA GOWD,, S/O. E.V. RAMANA GOWD, AGED ABOUT 51 YEARS, R/O. 6-4-281, MARUTHI NAGAR, ANANTAPUR, ANDHRA PRADESH - 515001. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI-522238. 2. THE COMMISSIONER OF INTERMEDIATE EDUCATION, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA- 522501. 3. THE REGIONAL JOINT DIRECTOR OF INTERMEDIATE EDUCATION, KADAPA REGION, KADAPA-516004. 4. THE PRINCIPAL, GOVERNMENT JUNIOR COLLEGE, CHOWDEPALLI, ANNAMAYYA DISTRICT-517257. ...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 topleased to issue an appropriate Writ, Order or Direction, more 2 particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents in not considering the case of the petitioner for promotion to the post of Junior Lecturer in Library Science under the 20percent Promotional Quota earmarked for Non- Teaching Staff, despite the promotional vacancy remaining unfilled due to the unwillingness expressed by Sri S. Mallikarjuna Raju, as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India, and Consequently, direct the respondents to consider the case of the petitioner for promotion against the said vacancy in accordance with law, and pass such 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 may be pleased to direct the respondents to consider the case of the petitioner for promotion to the post of Junior Lecturer in Library Science against the existing promotional vacancy, without filling up the said vacancy by any other person, pending disposal of the above Writ Petition, and pass such Counsel for the Petitioner: 1. S V RUTHVIK Counsel for the Respondent(S): 1. GP FOR SERVICES III The Court made the following: 3 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17476/2026 O R D E R: The present writ petition is filed declaring the action of Respondents in not considering the case of the Petitioner for promotion to the post of Junior Lecturer in Library Science under 20% promotional quota earmarked for non- teaching staff, as illegal and arbitrary. 2. Heard both learned counsel. 3. The Petitioner was initially appointed as Junior Assistant in the year 1996 and subsequently promoted as Senior Assistant on 11.11.2007 and he has been discharging his duties at Government Junior College, Atmakur. As per the Andhra Pradesh Intermediate Education Service Rules, 20% of promotional quota has to be filled through non-teaching staff. Accordingly, a panel was prepared for promotion to have effecting the promotion under the said quote. One S.Mallikarjuna Raju, who is senior to the Petitioner, was empanelled at serial No.3 while the Petitioner is said to be at serial No.4. It is stated that said S.Mallikarjuna Raju expressed his unwillingness for promotion and as the Petitioner is the next eligible candidate, he has sought for consideration of his case for promotion. In that regard, he has submitted a representation dated 01.06.2026 to the Respondent Authorities requesting promotion. As his representation is not being considered, the present Writ Petition is filed. 4 4. Learned Government Pleader for School Education, on instructions, submits that the DPC has approved names for the post of Junior Lecturer in Library Science on 26.05.2026 and counseling was conducted by Regional Joint Director of Intermediate Education, Kadapa on 29.05.2026. It is stated that during the said counseling, Sri S.Mallikarjuna Raju expressed his unwillingness to accept promotion and the same was forwarded by the Regional Joint Director of Intermediate Education along with the counseling proceedings. It is further stated that the competent authority will examine the claim of the Petitioner and further action will be taken in accordance with the Rules. 5. Considering the submissions and as there is no dispute with regard to the facts narrated by the Petitioner, the Writ Petition is disposed of with the following directions: (i) the Respondent Authorities shall consider the representation of the Petitioner dated 01.06.2026 for promotion to the post of Junior Lecturer in Library Science under 20% promotional quota specified in Andhra Pradesh Intermediate Education Service Rules, as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of a copy of this Order. (ii) there shall be no order as to costs. 5 As a sequel, miscellaneous petitions, pending if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 02.07.2026 ARR Whether the order is: Speaking Reasoned ✓ Reportable Non-reportable ✓ 6 135 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17476/2026 Dated: 02.07.2026 ARR