Dr.S.Durgadevi @ Abbavaram Durgadevi, Vs The… — Writ and Judicial Review | Andhra Pradesh HC (2025)

Dr.S.Durgadevi @ Abbavaram Durgadevi, Vs The… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the action of Respondent No. 2 in not considering the petitioner's representation dated 04.01.2019 for the post of Dental Assistant Surgeon, while permitting Respondents 3 to 9 to rectify defects in their applications and selecting them contrary to the rules envisaged in Notification No. 1/2018, is illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India. +1 more

Ratio / Principle

Per the written instructions and Service Certificate placed on record by the Assistant Government Pleader, the petitioner is already working as Dental Assistant Surgeon at Community Health Centre, B.Kothakota, Annamayya District, appointed as per Notification No. 02 of 2021 dated 21.11.2021 (RC.No.APVVP-12028/1/2022MEDICAL dated 21.03.2022 of the Commissioner, APVVP, Vijayawada), and has been working from 24.03.2022 to date.

Key takeaways

In view of the petitioner's existing appointment as Dental Assistant Surgeon, the relief sought in the writ petition has become infructuous.ratio¶31

Detailed headnote1 paragraphs

High Court of Andhra Pradesh at Amaravati (Dr. Justice Venkata Jyothirmai Pratapa), W.P. No. 12087 of 2019, decided 04.04.2025 — dismissed as infructuous, no costs. The petitioner, Dr. S. Durgadevi, had sought a writ of mandamus directing Respondent No. 2 to consider her representation dated 04.01.2019 for the post of Dental Assistant Surgeon under Notification No. 1/2018, alleging that Respondents 3 to 9 were permitted to rectify defects in their applications and were selected in violation of the notified rules, offending Articles 14 and 16 of the Constitution. On the hearing date the matter stood under caption "for dismissal" with no appearance for the petitioner; the learned Assistant Government Pleader for Medical Health produced written instructions and a Service Certificate certifying that the petitioner was already working as Dental Assistant Surgeon at Community Health Centre, B.Kothakota, Annamayya District, appointed as per Notification No. 02 of 2021 dated 21.11.2021 vide RC.No.APVVP-12028/1/2022MEDICAL dated 21.03.2022, and working from 24.03.2022 to date. Holding the relief infructuous, the Court dismissed the writ petition. The merits of the alleged illegality/arbitrariness under Articles 14 and 16 were not adjudicated.

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APHC010266152019

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

[3396]

FRIDAY ,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

WRIT PETITION NO: 12087/2019

Between:

Dr.s.durgadevi @ Abbavaram Durgadevi, ...PETITIONER

AND

The State Of Andhra Pradesh and Others

...RESPONDENT(S)

Counsel for the Petitioner:

1.K V SIMHADRI

Counsel for the Respondent(S):

1.GP FOR MEDICAL HEALTH FW(AP)

The Court made the following:

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12087 of 2019

ORDER:

This Writ Petition is filed under Article 226 of Constitution of India with

the following prayer for:

“…to issue a Writ Order or direction more particularly a Writ of Mandamus declaring the action of the 2nd Respondent in not considering the representation of the petitioner dated 04.01.2019 in the post of Dental Assistant Surgeon as her application is perfectly in order and considering the Respondents 3 to 9 by permitting them to rectifying the defects therein of short listing and further selected them in the post of Dental Assistant Surgeon by flouting its own rules as envisaged in the Notification No. 1/2018 as being illegal, arbitrary and offends the Articles 14 and 16 of the Constitution of India and consequently set aside their of granting only and further direct the 2nd Respondent to consider the case of the Petitioner in the Post of Dental Assistant Surgeon in accordance with law as her application is perfectly in order and to pass…”

The Proceeding Sheet dated 19.03.2025 shows that this Court directed to list the matter on 26.03.2025 with a direction to get instructions as to the survival of cause of action in this matter since the recruitment is of the year 2018. Again the matter is listed on 26.03.2025, on that day, none represented for the petitioner.

As can be seen from the record, this Writ Petition is filed seeking a direction to the respondent No.2 to consider the case of the petitioner for the post of Dental Assistant Surgeon since her application is perfectly in order. The grievance of the petitioner is that the respondent No.2 is not considering her representation dated 04.01.2019 for the post of Dental Assistant Surgeon but allowed the respondent Nos. 3 to 9 to rectify their defects and selected

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them in the said post by flouting their own rules as envisaged in the notification No. 01 of 2018.

Today, the matter is listed under caption “for dismissal” but none represented for the Petitioner.

Learned Assistant Government Pleader for Medical Health for the respondents, placed on record the written instructions along with a copy of the Service Certificate to certify that the petitioner herein is working as Dental Assistant Surgeon at Community Health Centre, B.Kothakota, Annamayya District as per Notification No. 02 of 2021 dated 21.11.2021 vide RC.No.APVVP-12028/1/2022MEDICAL, dated 21.03.2022 of the Commissioner, APVVP, Vijayawada and she is working from 24.03.2022 to till date. In view of the same, the relief has become infructuous in this matter.

In the result, the Writ Petition is dismissed, since relief has become infructuous. No order as to costs.

Pending applications, if any, shall stand closed.

____________________________________ Dr. VENKATA JYOTHIRMAI PRATAPA, J

Date: 04.04.2025 UPS

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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA

W.P.No.12087 of 2019

Dated.04.04.2025

UPS