J. Jagannadha Prasad, Vs The State of Andhra Pradesh

J. JAGANNADHA PRASAD,, S/O. J. VENKATA SWAMY, AGED ABOUT 41 YEARS, OCCLIVESTOCK MANAGEMENT AND DAIRYING (LM AND D), R/O. OPPOSITE TO GOVERNMENT VETERINARY HOSPITAL, BACKSIDE OF REDDY LABS GUEST HOUSE TADEPALLI, GUNTUR DISTRICT, ANDHRA PRADESH.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, ANIMAL HUSBANDRY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

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THE DIRECTOR, ANIMAL HUSBANDRY DEPARTMENT, BANDAR ROAD, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH.

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THE JOINT DIRECTOR, ANIMAL HUSBANDRY, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH.

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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 tomay be pleased to issue a writ order or direction, more particularly one in the nature of writ of mandamus declaring the impugned action of the respondents in denying the selection of the petitioner for the post of Animal Husbandry Assistant (1896 posts) and not awarding service weightage Marks/Grace Marks though the petitioner worked as veterinary assistant in the respondent authority as highly illegal, arbitray, discrimination and contrary to para 15.6 in notification dated 01.07.2023 Weightage of marks and violation of notification dated 01.07.2023 and violative of Articles 14 and 16 of the Constitution of India and consequently direct the respondents to award the weightage marks and grace marks to the petitioner and allow the appointment to the post of Animal Husbandry Assistant (1896 posts) with all consequential benefits, and 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 may be pleased to direct the respondents to award the weightage marks and grace marks to the petitioner and allow the selection and appointment to the post of Animal Husbandry Assistant (1896 posts), pending disposal of the writ petition, and pass

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Counsel for the Petitioner:

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1.DASARI S V V S V PRASAD

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Counsel for the Respondent(S):

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1.GP FOR SERVICES I

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The Court made the following:

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The Court made the following ORDER:

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The writ petition is filed under Article 226 of Constitution of

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India seeking the following relief:

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“….to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the impugned action of the respondents in denying the selection of the petitioner for the post of Animal Husbandry Assistant 1896 posts and not awarding service weightage Marks/Grace Marks though the petitioner worked as veterinary assistant in the respondent authority as highly illegal, arbitrary, discrimination and contrary to para 15.6 in notification dated 01.07.2023 Weightage of marks and violation of notification dated 01.07. 2023 and violative of Articles 14 and 16 of the Constitution of India and consequently direct the respondents to award the weightage marks and grace marks to the petitioner and allow the appointment to the post of Animal Husbandry Assistant 1896 posts with all consequential benefits and pass…”

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Heard learned counsel for the petitioner and learned counsel for the respondents.

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Learned Senior Counsel appearing for the petitioner submitted that subsequent to filing of the writ petition, the petitioner obtained certificates under the provisions of Right to Information Act, 2005, and he is entitled for weightage marks as per the para-15.6 of notification dated 01.07.2023. He further submits that 1,896 posts were notified; however, not all the posts

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were filled and vacancies are still available. In the said circumstances, the petitioner requested to make representation, along with certificates obtained under RTI, to the concerned authority within a period of three (03) weeks. Based on the said certificates produced, the authority may consider the case of the petitioner for appointment to the existing vacancies of Animal Husbandry Assistant, as per the para-15.6 of the notification dated 01.07.2023 and the eligibility criteria and pass appropriate orders, if the petitioner case falls within the zone of consideration. 4. Learned Assistant Government Pleader, appearing for the respondents, based on the averments made in the counter affidavit, stated that even if the weightage marks were added, the case of the petitioner would not fall within the zone of consideration.

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Perused the record and considered the rival submissions

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made by both the learned counsel.

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This Court is not inclined to go into the merits and demerits of the case and decide the matter. As contended by the learned Senior Counsel appearing for the petitioner, the writ petition is disposed of with a direction to the petitioner to file a

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representation, along with the certificates obtained under the provisions of the RTI Act, to the concerned authority within a period of three (02) weeks. On filing of such application, the respondents shall consider the same in terms of the para-15.6 of the notification dated 01.07.2023 and the eligibility criteria and pass appropriate orders if the petitioner’s case falls within the zone of consideration. There shall be no order as to costs.

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As a sequel, miscellaneous applications pending, if any, shall stand closed.

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JUSTICE D.RAMESH

Date: 06.05.2026 ANS

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