Disposed

Velivela Sai Sree v. the State of Ap

Andhra Pradesh HC11 Oct 2023WP/25776/2023

Case brief

AI extract

What is this about?

Petitioner challenged the non-implementation of sports quota in the Civil Assistant Surgeons recruitment notice. Court noted respondents had issued an amended notification to accept sports quota claims. Writ petition closed as issue sub judice. No order as to costs.

What did the court decide?

Writ Petition closed; no specific relief granted as respondents had already amended the notification to accept sports quota applications.

Velivela Sai Sree Vs the State of Ap — Pension and Retirement Benefits | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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WEDNESDAY, THE ELEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HON'BLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 25776 OF 2023

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Between:

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Velivela Sal Sree, D/o.Madhu Sudhana Rao, Aged 26 Years, R/o.D.No.3-20/1,FIat No.SF-2, Padmavathi Residency, Ddyana Mandiram Road, Ramavarapadu Vijayawada (Rural) Krishna Dist.A.P-521108.

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...PETITIONER

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AND

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The State of AP, Rep., by its Prl. Secretary; Health, Medical and Family Welfare Department, Secretariat Buildings Velagapudi, Amaravati - 522237.

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The State of A. P., Rep., by Principal Secretary to, Youth advancement, Tourism and culture Department, A.P. Secretariat, Velagapudi, Amaravati - 522237.

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Managing Director, Sports Authority of A. P. Indira Gandhi Municipal Stadium, Bunder Road, Vijayawada-520010.

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Member Secretary, Andhra Pradesh, Medical Services Recruitment Board, Mangalagiri, Guntur Dist, Andhra Pradesh-522237.

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...RESPONDENTS

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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 d to issue an appropriate writ, order or orders more particularly one in the nature of Writ of Mandamus by declaring the action of the 4th Respondent herein in not providing the reservation in terms of sports policy vide G.O.M.S No. 74, Govt of A.P Youth Advancement, Tourism and Culture (Sports) Dept Dated 09-08-2012, and A.P state and subordinate rule 22 of special reservation point No. 2(d) as illegal, arbitrary and it amounts to violation of Articles 14,16, and 21 of the Constitution of India and unconstitutional for not implementing the sports quota in the direct recruitment process of Civil Assistant Surgeons vide notification No-4 of 2023 dated 08-09-2023 and direct the Respondent No-4 to include the reservation in terms of sports policy vide G.O.M.S No. 74, Dated 0908-2012, Govt of A.P Youth Advancement, Tourism and Culture (Sports) Dept and A.P state and subordinate rule 22 of special reservation point No. 2(d) sports quota.

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IA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent No-4 to consider the reservation in the process of direct recruitment of Civil Assistant Surgeons vide Notification No-4 of 2023 dated 08-09-2023 in terms of sports policy, vide G.O.M.S No. 74, Govt of A.P Youth Advancement, Tourism and Culture (Sports) Dept., Dated 09-08-2012 and A.P state and subordinate Rule 22 of Special Reservation point No. 2(d) regarding sports quota.

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Counsel for the Petitioner: SRI C.HARSHA VARDHANA RAO Counsel for the Respondent No.1 : GP FOR SERVICES IV Counsel for the Respondent No.2 : GP FOR TRIBAL WELFARE Counsel for the Respondent Nos.3 & 4: NONE APPEARED

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The Court made the following: ORDER

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.25776 of 2023

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ORDER:

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The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-

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"...to issue an appropriate writ, order or orders, more particularly one in the nature of Writ of 4th Mandamus declaring the action of the respondent herein in not providing the reservation in terms of sports policy vide G.O.Ms.No.74, Govt. of A.P. Youth Advancement, Tourism and Culture (Sports) Department dated 09.08.2012, and A.P.State and Subordinate Rule 22 of Special Reservation Point No.2(d), as illegal, arbitrary and it amounts to violation of Articles 14,16 and 21 of the Constitution of India and unconstitutional for not implementing the sports quota in the direct recruitment process of Civil Assistant Surgeons vide notification No.4 of 2023, dated 08.09.2023 and direct the^4th respondent to include the reservation in terms of sports policy vide G. O. Ms. No. 74...."

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The case of the petitioner, in nutshell, is that she is a doctor by profession and passed out M.B.B.S., in the year 2022 from Dr.YSR University of Health Sciences. She is a sports woman having participated in 74th Senior National Aquatic Championships, 2021 conducted by Karnataka

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Swimming Association at Bangalore and she also won 1 St place in 100 meters back stroke in swimming in 7t" A.P.Senior Inter District Aquatic Championship, 2021. As she is eligible for the post of Civil Assistant Surgeon on regular basis, vide notification No.4, dated 08.09.2023, issued by 4t" respondent, she applied for the same with I.D.No.1030385, dated 20.09.2023. But in the said notification, there is no mention of sports quota, in terms of sports policy vide G.O.Ms.No.74, Government of A.P.Youth Advancement, Tourism and Culture (Sports) Department dated 09.08.2012, and A.P.State and Subordinate Rule 22 of Special Reservation Point No.2(d), which is contrary to the existing A.P. State Sports Policy.

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When the matter is taken up for consideration, learned Government Pleader has placed a copy of the written instructions vide Rc.No.04/CAS/ MSRB/2023, dated 09.10.2023 of the 4t" respondent, wherein it is stated that

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"...as per the G.O.Ms.No.74, Government of A.P. Youth Advancement, Tourism and Culture (Sports) Department, dated 09.08.2012, Government issued orders extending 2% under sports reservation to the meritorious sports persons in recruitments in Government Departments.

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In this regard the petitioner in her affidavit stated that, she has participated in 74^th Senior National Championship-2021 conducted by the Karnataka Swimming Association in Bangalore and back up by securing 1St place in 100 meters back stroke in swimming in 7th A.P.Senior Inter District Aquatic Championship 2021 and requested to consider her candidature under sports quota.

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After examination of the affidavit and rules in force this office has issued amendment to the Notification No.04/2023, dated 27.09.2023 by calling the applicants to claim under sports quota along with required documents who have already applied candidates and also for new applications under the sports quota.

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In response to the amended notification, 24 applications were received and the writ petitioner has also submitted her meritorious sports certificates and they are under consideration. As per the prevailing rules and conformity with the SAAP, AP., the applications meritorious certificates will be considered and as per the eligibility of their applications will be considered under the sports quota."

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In view of the above, as the respondent authorities issued amendment to the Notification No.04/2023, dated 27.09.2023, and have received 24 applications including the petitioner's application and have stated that the applicants' meritorious certificates will be considered as per the prevailing

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P /

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rules and conformity with the SAAP, AP, and as per the eligibility of their applications will be considered under the sports quota, this Court feels it appropriate to direct the respondents to proceed further in pursuance of the notification

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No. 4/2023, dated 08.09.2023.

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Accordingly, the Writ Petition is closed. There shall be no order as to costs.

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Consequently, miscellaneous petitions pending, if any in this writ petition, shall stand closed.

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Sd/- K. TATA RAO DEPUTY REGISTRAR

//TRUE COPY/1

~~'SECTION OFFICER

To,

One CC to Sri C. Harsha Vardhana Rao, Advocate [OPUC] 2. Two CCs to GP for Services IV, High Court of Andhra Pradesh. [OUT] 3. Two CCs to GP for Tribal Welfare, High Court of Andhra Pradesh. [OUT] 4. Three C.D. Copies Cnr

HIGH COURT

DATED:11/10/2023

ORDER

WP.No.25776 of 2023

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