Mohammed Riaz Vs the State of Andhra Pradesh

¶1

!5f0419952025

¶2

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

¶3

THURSDAY,THE FOURTEENTHDAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

¶6

WRIT PETITION NO: 21455 OF 2025

¶7

Between:

¶8

Mohammed Riaz, S/o. Haneef Age. 35 years, Occ: Assistant^Professor, Siddhartha Medical College, beside Dr NTR University^{ofHealthSciences,} Gunadala, Vijayawada, Krishan District.

¶9

...Petitioner

¶10

The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Medical, Health and Family welfare. Department, Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur^{District.Andhra} Pradesh.

¶11

The Director of Medical Education, Department of Health, Medical and Family welfare. Government of Andhra Pradesh, Vijayawada,^Krishna District

¶12

The Siddartha Medical College, beside Dr NTR University of Health Sciences, Gunadala, Vijayawada, Krishan District represented by its Principal.

¶13

...Respondents

¶14

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 to issue an appropriate writ. Order or Direction more particularly one in the nature of writ of mandamus to declare the action of the respondent in

¶15

not taking the. period of deputation from 07-07-2021 to 26-02-2024 which was rendered in Andhra Pradesh Medical services and Infrastructure Development Corporation as eligible period for counting seniority for promotion from the post of Assistant Professor to Associate Professor in the Andhra Pradesh Medical educational service as illegal, arbitrary and unconstitutional and contrary to Rule 19 of the A.P. State and Subordinate service Rules 1996 and consequently direct the respondents to treat the period of deputation from 07-07-2021 to 26-02- 2024 which was rendered in Andhra Pradesh Medical services and Infrastructure Development Corporation as eligible period for counting seniority for promotion from the post of Assistant Professor to Associate Professor in the Andhra Pradesh Medical educational service.

¶16

lA NO: 1 OF 2Q2fi

¶17

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 respondents to treat the period of deputation from 07-07-2021 to 26-02-2024 which was rendered in Andhra Pradesh Medical services and Infrastructure Development Corporation as eligible period for counting seniority for promotion from the post of Assistant Professor to Associate Professor in the Andhra Pradesh Medical educational service pending disposal of the writ petition.

¶18

Counsel for the Petitioner: SRI L. V. S. NAGARAJU

¶19

Counsel for the Respondents: GP FOR SERVICES I

¶20

The Court made the following order:

¶21

■c^

¶22

l^v

¶23

APHC010419952025 IN THE HIGH COURT OF ANDHRA PRADESH [3460] AT AMARAVATI

¶24

(Special Original Jurisdiction)

¶25

THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

¶26

PRESENT

¶27

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

¶28

WRIT PETITION NO: 21455/2025

¶29

Between:

¶30

Mohammed Riaz ...PETITIONER

¶31

AND

¶32

The State Of Andhra Pradesh and Others ...RESPONDENT(S)

¶33

Counsel for the Petitioner:

¶34

1.L VS NAGARAJU

¶35

Counsel for the Respondent(S):

¶36

1.GP FOR SERVICES I

¶37

The Court made the following:

¶38

1

¶39

THE HON’BLE SRI JUSTICE NYAPATHY VIJAY

¶40

W.P.No.21455 of 2025

¶41

O R DE R:

¶42

The present Writ Petition is filed questioning the^inactionof the Respondents in not considering the period of deputation^of the Petitioner from 07.07.2021 to 26.02.2024 for the purpose^of promotion to the post of Associate Professor.

¶43

The Petitioner was selected as Assistant Professor of Radiodiagnosis in the Respondent No.3 college vide^Proceedings dated 2.09.2020. Subsequently, the Petitioner was deputed to Andhra Pradesh Medical Services and Infrastructure Development Corporation, Mangalagiri vide Order dated 24.06.2021. The Petitioner continued on deputation till 26.02.2024 and thereafter he had rejoined the Respondent^No.3 College.

¶44

The grievance of the Petitioner is that presently promotions to the posts of Associate Professor are being considered^bythe Respondents and the case of the Petitioner is not being considered as the Petitioner does not have necessary experience required for promotion to the post of Associate Professor on account of his deputation from 07.07.2021 to 26.02.2024. The

¶45

3

¶46

Petitioner had submitted a Representation on 29.07.2025 relying on Rule 19 (c) of the Andhra Pradesh State and Subordinate Rules. As the Representation of the Petitioner is not being considered, the present Writ Petition is filed.

¶47

Learned Assistant Government Pleader would submit that the representation of the Petitioner would be considered in terms of the rules in vogue.

¶48

Considering the submissions made, the Writ Petition iIS disposed of directing the Respondents to consider the Representation of the Petitioner dated 29.07.2025 for inclusion of the period of deputation from 07.07.2021 to 26.02.2024 at Andhra Pradesh Medical Services and Infrastructure Development Corporation, Mangalagiri, for the purpose of counting the eligibility for promotion to the post of Associate Professor as expeditiously as possible, preferably within a period of Three weeks. There shall be no order as to costs.

¶49

As a sequel, pending applications, if any, shall stand

¶50

closed.

¶51

To,

¶52

//TRUE COPY// Sd/- P. VINOD □MAR ASSISTANT REG TRAR SECTION OFFICER

¶53

The Principal Secretary to Government, Medical, Health and Family welfare Department, State of Andhra Pradesh, Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. Andhra Pradesh.

¶54

V

¶55

*5^

¶56