Allowed

Kolla Chinna Rangaiah v. the State of Andhra Pradesh

Andhra Pradesh HC22 Dec 2023WP/32657/2023

Case brief

AI extract

What is this about?

The court allowed a writ petition filed by Ex-Service Men against the rejection of their online applications for Animal Husbandry Assistant posts. Relying on G.O.RT.No.124 dated 24.05.2021 which permitted relaxation of educational qualifications subject to one year of departmental training, the judge held the petitioners entitled to parity. The respondents were directed to accept the applications

What did the court decide?

Petition allowed. Applicants directed to be permitted to appear in the examination scheduled for 31.12.2023 despite having six-month certificates, subject to completing one year of departmental traini

Kolla Chinna Rangaiah Vs the State of Andhra… — Education and Admissions | Andhra Pradesh HC (2023)

¶1

HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD

¶2

WRIT PETITION No.32657 OF 2023

¶3

ORDER:

¶4

Heard Sri Srinivas Ambati, Learned Counsel for the Writ Petitioners and Sri G.V.S.Kishore Kumar, Learned Government Pleader for Services-I.

¶5

The prayer sought in the present Writ Petition is as under:

¶6

“It is prayed that this Hon’ble Court may be pleased to issue a writ order or direction more particularly one in the nature a WRIT OF MANDAMUS declaring the action of the 3^rd Respondent in rejecting the petitioners’ online applications submitted for the recruitment of post of Animal Husbandry Assistants in Village Secretariats in the State of Andhra Pradesh, which is notified vide Notification No.01/2023, dt. 20.11.2023 issued by the 3^rd respondent and consequential action of the 3^rd respondent in not considering the petitioners representation dt. 11.12.2023 submitted to allow the petitioners to appear for computer based examination, which is scheduled to be held on 31.12.2023 by issuing hall tickets from 27.12.2023, as illegal, arbitrary, violative of principles of natural justice and offends Articles 14 and 21 of the Constitution of India and consequently set aside the online rejection of petitioners’ applications by 3^rd respondent and direct the respondents to consider the petitioners’ respective educational qualification certificates issued by Indian Army and allow them to attend to computer based examination, which is scheduled to be held on 31.12.2023 by issuing hall tickets from 27.12.2023 by duly considering the petitioners’ representation 11.12.2023 and to pass

¶7

¶8

such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

¶9

The case of the Writ Petitioners is that the

¶10

Respondent No.3 namely the Director of Animal Husbandry Department had issued Notification dated 20.11.2023 (Ex.P.1) inviting Applications for Recruitment to the Post of Animal Husbandry Assistant of 1896 posts within the age group of 18 to 42 years as on 01.07.2023. Para No.3 of the said Notification would indicate the requirement of Educational Qualifications. Para No.4 of the said Notification would indicate that Rule 22 and Rule 22-A of Andhra Pradesh State and Subordinate Service Rules, 1996 would apply. This would indicate that reservation is provided to Ex-Service Men as well.

¶11

Learned Counsel for the Writ Petitioners would submit that all the Writ Petitioners in this Writ Petition (13 in number) are Ex-Service Men. When the Writ Petitioners tried to make On-line Application, their access was declined by the Online system as the Writ Petitioners, who are admittedly Ex-Service Men, did not possess such

¶12

¶13

Educational Qualifications as are mentioned in Para No.3 of the Notification.

¶14

Learned Counsel for the Writ Petitioners would

¶15

submit that all the Writ Petitioners have acquired such qualifications from RVC Centre and College with a Certificate as Veterinary Nursing Assistant and Indian Armed Forces (Army) Trade Proficiency Certificate for Ex-Service Men. In the Certificate issued by RVC Centre and College, it is noted that the concerned candidate had attended the Course of Veterinary Nursing Assistant in the said Institution for a period of six (6) months. However, such Certificates would also indicate the number of years of Service/Experience possessed by each of the Candidate in Veterinary Treatment.

¶16

On perusal of the Certificates, it is noticed by this Court that all the Certificates are commonly issued by RVC Centre and College. This Court has noticed that some of them are also issued by Indira Gandhi National Open University etc. The positions held by each one of the Writ Petitioners during their tenure in the Armed Forces is common, namely as Nursing Assistant/Lab Assistant.

¶17

¶18

On perusal of the Notification, it can be understood that the mode and method of selection is by way of a Computer Based Examination which is spelt-out from Para No.10 of the Notification tiled as Scheme of Examination. The said Para No.10 of the Notification would indicate that the scheme and syllabus for the Computer Based Examination has been shown in Annexure-II. The Annexure-II to the Notification has provided the Examination pattern. Part-A therein deals with General Studies and Mental Ability (50 Questions for 50 Marks) and Part-B deals with the subject related to Animal Husbandry (100 Questions for 100 Marks) and that the Examination Paper will be bilingual (English and Telugu). Syllabus is also prescribed in Part-A and Part-B.

¶19

This Court has bestowed its attention on the exhaustive syllabus which is prescribed for the subject related to Animal Husbandry under Part-B. The Syllabus with regard to the specific subject of Animal Husbandry, as indicated in Annexure-II of the Notification, vastly covers about 20 subjects relating to Veterinary Science. Learned Counsel for the Writ Petitioners has submitted that as per

¶20

¶21

the Notification, the applicants shall fill up and submit Applications online from 20.11.2023 to 11.12.2023 while the last date for payment of fee is 10.12.2023. It is also stated that the Hall Tickets can be downloaded from the website from 27.12.2023 onwards. Learned Counsel for the Writ Petitioners would submit that as the Writ Petitioners were not successful in uploading the complete Application on account of mismatch between the qualifications possessed by them and the Eligibility Qualification prescribed in the Notification, they have filed the present Writ Petition immediately thereafter.

¶22

When this matter came up for admission, on 19.12.2023, Sri G.V.S. Kishore Kumar, Learned Government Pleader for Services-I had requested the Court to list the matter on 20.12.2023 in order to enable him to obtain instructions. Though this matter was heard at some length on 19.12.2023, the Court adjourned the matter for the following day i.e., on 20.12.2023 to enable the Learned Government Pleader to obtain instructions keeping in mind the nature of urgency in the matter. The Court indicated to obtain complete instructions.

¶23

¶24

As per the request, the matter was again listed on 21.12.2023. Sri G.V.S. Kishore Kumar, Learned Government Pleader for Services-I has submitted that on 17.03.2021, the Department of Animal Husbandry Dairy Development & Fisheries, the Government of Andhra Pradesh has issued G.O.RT.No.62, dated 17.03.2021. The abstract of the said G.O., would indicate that it has been issued in order to consider the candidature of certain candidates who were qualified with certain equivalent educational qualifications for selection to the post of Animal Husbandry Assistant in relaxation of the provisions prescribed in the Notification dated 24.07.2019.

¶25

The content of the Order would indicate that the Government has given relaxation to several equivalent qualifications except the qualification with regard to Veterinary Training Faculty Certificate of RV Centre and College (at Sl.No.3 of the said G.O) and Livestock Dairy Supervisor of Bharat Sevak Samaj, Central Board of Examinations (at Sl.No.11). Learned Counsel for the Respondents has submitted that the clarification was given through G.O.RT.No.62, dated 17.03.2021, keeping in mind

¶26

¶27

the fact that the duration of the Course under the Certificate held by the Writ Petitioners is only six (6) months; whereas, the qualifications notified under the present Notification would have a Course period of at least three (3) years.

¶28

Learned Government Pleader has also placed reliance on the Judgment rendered by the Hon’ble Apex Court in Zahoor Ahmad Rather and Ors. Vs. Sheikh Imtiyaz Ahmad and Ors : ((2019) 2 Supreme Court Cases 404). Learned Government Pleader has placed reliance on Para Nos.26 and 27 of the Judgment to state that the prescription of qualifications for a post is a matter of recruitment policy and that the State, as the Employer, is entitled to prescribe the qualifications as a condition of eligibility. It is stated further that by way of judicial review, the Court shall not expand the ambit of the prescribed qualifications. It is also indicated in the said Judgment that equivalence of a qualification is not a matter which can be determined in exercise of the power of judicial review. The said paragraphs are usefully extracted hereunder:

¶29

¶30

“26. We are in respectful agreement with the interpretation which has been placed on the judgment in Jyoti K.K. in the subsequent decision in Anita . The decision in Jyoti K.K. turned on the provisions of Rule 10(a)(ii). Absent such a rule, it would not be permissible to draw an inference that a higher qualification necessarily presupposes the acquisition of another, albeit lower, qualification. The prescription of qualifications for a post is a matter of recruitment policy. The state as the employer is entitled to prescribe the qualifications as a condition of eligibility. It is no part of the role or function of judicial review to expand upon the ambit of the prescribed qualifications. Similarly, equivalence of a qualification is not a matter which can be determined in exercise of the power of judicial review. Whether a particular qualification should or should not be regarded as equivalent is a matter for the state, as the recruiting authority, to determine. The decision in Jyoti K.K. turned on a specific statutory rule under which the holding of a higher qualification could presuppose the acquisition of a lower qualification. The absence of such a rule in the present case makes a crucial difference to the ultimate outcome. In this view of the matter, the Division Bench of the High Court was justified in reversing the judgment of the learned Single Judge and in coming to the conclusion that the appellants did not meet the prescribed qualifications. We find no error in the decision of the Division Bench.

¶31

While prescribing the qualifications for a post, the State, as employer, may legitimately bear in mind several features including the nature of the job, the aptitudes requisite for the efficient discharge of duties, the functionality of a qualification and the content of the course of studies which leads up to the acquisition of a qualification. The state is entrusted with the authority to assess the needs of its public services. Exigencies of

¶32

¶33

administration, it is trite law, fall within the domain of administrative decision-making. The state as a public employer may well take into account social perspectives that require the creation of job opportunities across the societal structure. All these are essentially matters of policy. Judicial review must tread warily. That is why the decision in Jyoti K.K. must be understood in the context of a specific statutory rule under which the holding of a higher qualification which presupposes the acquisition of a lower qualification was considered to be sufficient for the post. It was in the context of specific rule that the decision in Jyoti K.K. turned.”

¶34

Sri Srinivas Ambati, Learned Counsel for the Writ Petitioners has drawn the attention of this Court to G.O.RT.No.124, dated 24.05.2021 (Ex.P.9) to indicate that

¶35

in appropriate cases, the Government has considered the candidature of an Ex-Service person for the post of Animal Husbandry Assistant in relaxation of Rules regarding Educational Qualifications with a condition that the candidate shall undergo one year of Departmental Training in Veterinary Assistant Course to be conducted by the Directorate of Animal Husbandry. In response to this submission, Sri G.V.S. Kishore Kumar, Learned Government Pleader has drawn the attention of this Court to an Order passed by the Learned Single Judge of this

¶36

¶37

Court dated 23.10.2019 in W.P.No.16506 of 2019 (Ex.P.8), and would submit that such a relaxation was given in compliance of the direction of the Learned Single Judge of this Court in the said Writ Petition.

¶38

This Court has perused the Order passed by the Learned Single Judge dated 23.10.2019 in W.P.No.16506 of 2019. This is a short Order wherein the direction given by the Learned Single Judge is only to the effect that the Official Respondents were directed to consider the Representation of the Writ Petitioner therein dated 30.09.2019 and pass a Speaking Order in accordance with law. The Learned Single Judge has not given any mandatory positive direction to relax the rules regarding Educational Qualifications insofar as the Writ Petitioner therein is concerned.

¶39

This Court has minutely examined the contents of G.O.RT.No.124 Animal Husbandry, Dairy Development & Fisheries (AH.II) Department, dated 24.05.2021. Firstly, it has to be noted that the G.O.RT.No.124 was passed on 24.05.2021 i.e., nearly 1 ½ year after the High Court had directed the Respondents to consider the Representation of

¶40

¶41

the Writ Petitioner dated 30.09.2019 in accordance with law. It is not indicated anywhere in the said G.O., that the relaxation of educational qualification is given either in compliance or on the mandatory directions of this Court in W.P.No.16506 of 2019. The Order passed by this Court in W.P.No.16506 of 2019 is not referred anywhere in the said G.O.RT.No.124, dated 24.05.2021.

¶42

Therefore, it becomes difficult for this Court to assume that such a relaxation was given as a special case only in compliance with the direction of this Hon’ble Court. It appears that the Government, on its own accord, has relaxed the educational qualifications with a condition that such a candidate shall undergo one year Departmental Training in Veterinary Assistant Course to be conducted by the Directorate of Animal Husbandry.

¶43

In this view of the matter, the ratio of the Apex Court, extracted hereinabove, would not be relevant in this case because the Government of Andhra Pradesh has, on its own accord, has relaxed the educational qualification subject to the condition mentioned therein under G.O.RT.No.124, dated 24.05.2021.

¶44

¶45

Under these circumstances, this Court can only draw parity from G.O.RT.No.124, dated 24.05.2021 vis-a-vis the Writ Petitioners herein by applying Article 14 of the Constitution of India. This apart, the present Notification would indicate that the applicants have to take the mandatory examination which is in two parts where the second part with 100 questions and 100 marks is dedicated exclusively for testing the subject-talent of the individual applicant.

¶46

Under these circumstances, this Court is of the opinion that the Writ Petitioners shall be entitled for relaxation as spelt-out in G.O.RT.No.124 dated 24.05.2021 subject to the condition mentioned therein. Accordingly, the Writ Petitioners shall be permitted to make an Application online under the Notification and be given an opportunity to take the Examination.

¶47

In this view of the matter, the Respondents are directed to accept the Application of the Writ Petitioners and permit them to appear in the Examination that is scheduled to be held on 31.12.2023 without reference to

¶48

the qualifications mentioned in the Notification. It is

¶49

¶50

clarified that the Writ Petitioners shall be entitled for similar parity as that of the individual in G.O.RT.No.124, dated 24.05.2021. The candidature of the Writ Petitioners shall, therefore, be subject to the final outcome in the Examination scheduled to be held on 31.12.2023. In the event that they succeed in the Examination, it is needless to state that the successful candidate shall undergo one year Departmental Training in Veterinary Assistant Course to be conducted by the Directorate of Animal Husbandry in terms of G.O.RT.No.124, Animal Husbandry, Dairy Development & Fisheries (AH.II) Department, dated 24.05.2021.

¶51