Bhuma Sai Sunkireddy, Vs The State of Andhra Pradesh

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 order or direction, more particularly, one in the nature of Writ of Mandamus, declaring the action of the Respondents in calling the candidates for certificate verification without publishing the merit list and also contemplating to issue appointment orders to those candidates in pursuant to the Notification No. 01/2023 dated 20-11-2023 and without selecting the Petitioners even though they meritorious than the candidates called for certificate verification as illegal, arbitrary, violation of Principles of Natural Justice apart from being in violation of Articles 14,16,19(1)(g) and 21 of the Constitution of India, and consequently direct the Respondents to select the candidates after issuing merit list and after following the due process of law in selection process and fair and transparency manner pass

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IA NO: 1 OF 2024

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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 pleased to grant stay all further proceedings in connection with the Notification No. 01/2023 dated 20-11-2023, and pass

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IA NO: 2 OF 2024

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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 to vacate the interim order dated 27.02.2024 in I.A.No.l of 2024 in W.P.No.3375 of 2024 and dismiss the writ petition No.3375 of 2024 and pass

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IA NO: 1 OF 2025

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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 to grant leave to file the reply to the counter filed by the respondent No. 3 in W.P. No. 3375 of 2024

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Counsel for the Petitioner(S):

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1.BANDI SRIHARI

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Counsel for the Respondent(S):

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1.GP FOR SERVICES IV

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2.GP FOR SERVICES I (AP)

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The Court made the following:

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HON’BLE SRI JUSTICE NYAPATHY VIJAY

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W.P.No.3375 of 2024

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ORDER :

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This writ petition is filed declaring the action of the Respondents in calling the candidates for certificate verification without publishing the merit list and also contemplating to issue appointment orders to those candidates pursuant to Notification No.01/2023 dated 20.11.2023 without selecting the Petitioners even though they are meritorious than the candidates called for certificate verification as illegal and arbitrary.

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The facts leading to filing of the writ petition are as under:

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Respondent No.2 had issued Notification No.01/2023 dated

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20.11.2023 inviting applications for the post of Assistant in Animal Husbandry as per Animal Husbandry Subordinate Service Rules. The Petitioners had applied for the said posts. Though they secured good marks in the computer based examination, they were not called for certificate verification and the candidates who were not secured even the cut off marks were placed in the selection list.

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The contention of the Petitioners is that selected candidates

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were straightaway called for certificate verification without publishing the merit list contrary to the circular memo dated 19.01.2024. Hence, this writ petition is filed.

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In the counter affidavit filed on behalf of Respondent No.3 it is stated that there are 252 vacancies of Animal Husbandry Assistants in Kurnool District and 100 vacancies in Chittoor District. It is stated that the candidates who were under zone of consideration alone were called for certificate verification and the final merit list was prepared after resolving the grievances based on eligibility received towards the service weight age marks, meritorious sport persons and genuine ex-serviceman etc. It is also stated that General merit list has been published on 26.02.2024 and accordingly, the candidates were selected to the said post. The marks of the Petitioners were given in tabular form in the counter and as per the Respondents, the Petitioners are not in the zone of consideration.

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Learned counsel for the Petitioners contends that there is procedural error in the manner in which the appointments are made

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and learned counsel further contends that calling for certificate verification without publishing the merit list cannot be sustained.

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Learned Assistant Government Pleader would submit that the

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merit list was published on 26.02.2024 before issuance of appointment orders to the candidates and as the merit list is not under challenge, the writ petition cannot be maintained.

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7. Having heard the respective counsel, the General merit list

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which is published on 26.02.2024 is not disputed by the Petitioners. As the appointments are made on the basis of General merit list, unless the Petitioners establish that they have better right than the candidates who have appointed as per the General merit list, the procedural error i.e. calling for certification verification after publishing the General merit list would not be material to vitiate the selection process.

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8. Secondly, none of the selected candidates were made party to

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the writ petition in the representative capacity. In the absence of any selected candidate as party to the writ petition in representative capacity, the writ petition questioning their appointment cannot be sustained.

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9. On these two grounds, the writ petition is devoid of merit and

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the same is accordingly dismissed. No order as to costs.

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As a sequel, the miscellaneous petitions if any shall stand

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dismissed.

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__________________ NYAPATHY VIJAY, J