A.Vijaya Lakshmi Devi, Vs State of Andhra Pradesh

A.VIJAYA LAKSHMI DEVI,, D/O A.KRISHNA MURTHY, AGED ABOUT 42 YEARS, OCC.ANM/WARD HEALTH SECRETARY (GRADE III), R/O 87/1097-3, 4TH CLASS EMPLOYEES COLONY, GANESH NAGAR 2, KALLUR, KURNOOL.

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...PETITIONER

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AND

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STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

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THE DISTRICT COLLECTOR AND CHAIRMAN, THE DISTRICT COLLECTOR AND CHAIRMAN, DISTRCIT SELECTION COMMITTEE, KURNOOL DISTRICT, KURNOOL.

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THE DISTRICT MEDICAL AND HEALTH OFFICER, KURNOOL.

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VANKARABOYINA GEETHA, R/O 87-1202-3B, SOMISETTY NAGAR, KURNOOL DISTRICT.

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...RESPONDENT(S):

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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 toto issue a writ, order or direction more particularly one in the nature of mandamus declaring the proceedings Rc. No. E4 /ANM Grade-III Recruitment/2019, dated 31.12.2019 issued by the 3rd respondent as illegal, arbitrary, without authority, violative of Articles 14, 16 and 21 of the

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Constitution of India besides contrary to the selection process and consequently set-aside

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IA NO: 1 OF 2020

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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 stay all further proceedings pursuant to the proceedings in Rc.No.E4/ANM Grade-III Recruitment/2019, dated 31.12.2019 by directing the petitioner to continue as ANM (Grade-III) in Thammarajupalli Grama Panchayat, Panyam Mandal, Kurnool District, pending disposal of the writ petition

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IA NO: 1 OF 2021

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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 extend the interim order passed in W.P.No.1073 of 2020 dated 22.1.2020, pending disposal of the writ petition and pass such other order

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IA NO: 2 OF 2021

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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 vacate the Interim Order dt.22-01- 2020 passed in Writ Petition No.1073 of 2020 and to pass such other order or orders as this

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IA NO: 1 OF 2022

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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 extend the interim order passed in WP. 1073/2020 dated 22-12020 pending disposal of the writ petition.

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Counsel for the Petitioner:

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1.KOCHIRI RAJA SHEKAR

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Counsel for the Respondent(S):

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1.GP FOR SERVICES I

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2.K SREEDHAR MURTHY

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3.GP FOR MEDICAL HEALTH FW(AP)

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The Court made the following:

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NO: 1073/2020

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ORDER:-

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Heard the submissions of Sri Kochiri Raja Shekar, learned counsel for the petitioner and learned Government Pleader for Services – I, appearing for the respondents.

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The petitioner, pursuant to the notification issued by the 1^st respondent dated 27.07.2019, applied online for recruitment to the post of ANM/Multipurpose Health Assistant (Female) Grade-III. Out of 13540 posts notified for the entire state, 1009 posts were allotted to the Kurnool district, the subject district in the instant writ petition. The education qualification, inter alia , prescribed for the post is SSC, and must have passed an 18/24 months course conducted in the state (recognized by AP Nursing & Midwives Council) or a 2-year intermediate Vocational Multi Purpose Health Worker Course (Female) and one year clinical training in a selected governmental hospital etc.,

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It is contended that the petitioner had applied for the post of ANM (Auxiliary Nurse-Midwife) online. Accordingly appeared for the written examination. She was declared passed with a rank of 3263. Based on the rank secured by the candidates, interviews were conducted in phases, and the petitioner was also called for an interview and certificate verification. The verification process was scheduled between 13^th and 15^th November, 2019. The respondents have intimated the candidates through telephonic messages and email, to the IDs as furnished by the candidates.

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It is contended that the petitioner had attended for the verification process on 13.11.2019. Further, call letter were also circulated on the official website of the respondents requesting the candidates to attend for further verification process that was scheduled to 16.11.2019. It is contended that the official respondents have also informed vide the said notice that if any candidate fails to appear/attend for certificate verification process on the scheduled date, such of those candidates would forfeit their candidature and the next candidate in the merit in the respective category would be considered. Accordingly, the petitioner had appeared for verification scheduled on 16.11.2019 along with other candidates. After verification, the 2^nd respondent had selected the petitioner and appointed her as ANM/Ward Health Secretary (Grade-III) in Health & Family Department vide proceedings dated 17.11.2019. Consequently the petitioner had undergone the physical fitness examination, and vide proceedings dated 23.11.2019 was posted at Thammarajupalli Gramapanchayat, Pandya Mandal, Kurnool District.

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However, shortly after few days of rendering service, the 3^rd respondent vide proceedings dated 31.12.2019 issued notice to the petitioner for discharge from service stating that the 4^th respondent secured more marks than the petitioner and 4^th respondent was considered to be more meritorious than the petitioner. Accordingly it was proposed to appoint 4^th respondent as ANM and issued notice for the discharge from service was issued. Challenging the same, the instant Writ Petition has been filed.

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On 22.01.2020, this Court granted interim directions. During the

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pendency of the writ petition, it is contended by the respondent that the petitioner was discharged from service on 13.01.2020. And the same was sought to be communicated through Mandal Praja Parishath Development Officer on 29.08.2020. In the said context, the learned counsel for the petitioner Sri Kochiri Raja Shekar, contends that this Court passed an interim order of status quo on 22.01.2020 in I.A. No.1 of 2020. In the light of the said order, the respondents were under an obligation to maintain status quo as on the date of the order. However the respondents have in violation of the orders passed by this Court have passed the order of discharge without issuing any notice to the petitioner and the petitioner was never aware of the same nor was it communicated to the petitioner. Thus contends that the order passed by the respondents is not sustainable and prays for set aside of the same.

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The 3^rd respondent filed counter affidavit on 18.02.2020, stating that the case of the unofficial respondent was proposed for consideration, having regard to the fact that 4^th respondent found more meritorious having higher rank than the petitioner. The 4^th respondent did not respond to the initial messages sent to her mobile telephone as the message sent was stated to have not been received by her. Therefore she was called for certificate verification process, in which she was found meritorious than the petitioner. However no appointment orders have been issued in view of the status quo order passed in the case.

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When the matter was taken up for consideration, the learned Government Pleader for Services-I placed before the Court a copy of the latest instructions received in the case. A perusal of the same would reflect that by the date of the order of status quo, the petitioner was discharged from service, although a decision was taken to consider the case of the 4^th respondent in place of the petitioner owing to the interim orders passed in the case, no appointment orders were issued in her favour. And the said written instructions further states that 172 posts of ANM (Grade –III) are vacant. A copy of the proceedings of discharge of the petitioner from service was not sent to the petitioner’s address, however, they were sought to be served through MPDO. The said MPDO vide his letter dated 29.08.2020 had informed that they had tried to reach out the petitioner to serve a copy of the discharge proceedings. However she had refused to receive the same.

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The contention of the learned counsel for the petitioner is that the respondents ought not to have allowed the unofficial to attend certificate verification process after closure of the schedule fixed for verification. When the entire schedule of certificate verification process was uploaded in the respondent’s website as well as in the email sent to each of the candidates on a mere premise that 4^th respondent did not receive the SMS for attending the verification process, the petitioner’s case cannot be thrown out after the petitioner had been appointed after due procedure and after respective discharge of the duties.

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Considered the submissions.

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In the counter affidavit, it has been stated that although the petitioner was discharged from service vide proceedings dated 31.12.2019, no appointment order was issued in favour of the unofficial respondent No.4. Having regard to the fact that as many as 172 posts in the category of ANM (Grade-III) are stated to be vacant, the respondents shall consider the case of both the petitioner and the unofficial respondent No.4 for appointment as ANM (Grade -III).

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In the counter affidavit filed on 18.02.2020, the 3^rd respondent did not state anything about the discharge proceedings dated 13.01.2020, stated to have been issued discharging the petitioner from service.

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It is only during the course of arguments, the said proceedings have been produced before the Court. In the light of the same, this Court suo moto deems it appropriate, for adjudication of the issue, to amend the relief sought in the writ petition to the following effect:

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Insert after the words dated 31.12.2019 and before the words “issued by the 3^rd respondent” the words “ and Rc.No.F4/ANM Gr-III Recruitment/2019 dated

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13.01.2020 ”.

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Accordingly, the main prayer in the Writ Petition is amended suo moto . The Registry shall carry out necessary amendment in the prayer portion of the Writ Petition.

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The impugned proceedings dated 31.12.2019 and proceedings dated 13.01.2020 are accordingly set aside. The respondents are directed to continue the petitioner as ANM-Grade III, with effect from the date of her appointment. The respondents are further directed to issue fresh appointment proceedings to the 4^th respondent as ANM-Grade III. The petitioner however is not entitled for back wages. It is needless to observe that the petitioner is entitled for notional consequential benefits.

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