Writ petition challenging the reversion of a Professor to Associate Professor via G.O.Ms.No.65. Court held that interim relief was impracticable as the Tribunal's notice order required examination of objections and counters. Petition dismissed.
The Writ Petition is dismissed without costs; pending miscellaneous petitions stand closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON'BLE SRI JUSTICE K.C.BHANU AND THE HON’BLE MRS JUSTICE ANIS
WRIT PETITION No.13234 of 2014
ORDER:- (per Hon’ble Sri Justice K.C. Bhanu)
This Writ Petition, under Article 226 of the Constitution of India, is filed to declare the action of respondent No.5 in not declaring the impugned G.O.Ms.No.65 Health, Medical and Family Welfare (A1) Department, dated 02.04.2014, issued by the 1st respondent reverting the petitioner herein as Associate Professor in General Surgery, as arbitrary, illegal and consequently, direct the respondents to continue the petitioner as Professor in General Surgery in the respondents college.
2. Petitioner herein filed Original Application No.2588 of 2014 before the Andhra Pradesh Administrative Tribunal, Hyderabad (for short, ‘the Tribunal’) to direct respondent Nos.1 to 4 to suspend the aforementioned G.O.Ms.No.65, dated 02.04.2011, issued by respondent No.1 insofar as reverting him to the post of Associate Professor of General Surgery. The Tribunal, after perusing the application and material on record, ordered notice.
3. The main prayer and interim prayer is one and the same in the aforementioned Original Application. Perhaps that is the reason why, the Tribunal ordered notice.
4. Learned counsel for the petitioner contended that without examining the objections filed by the petitioner and some others, the impugned G.O.Ms.No.65, dated 02.04.2011 has been issued. The contention raised by the learned counsel for the petitioner has to be decided by the Tribunal after filing counter by respondent Nos.1 to 4 in the Original Application. At this stage, we do not find any reason to
interfere with the order of issuing notice to respondents by the Tribunal. Therefore, the Writ Petition is devoid of merit and is liable to be dismissed.
5. Accordingly, the Writ Petition is dismissed, however, in the circumstances, without costs. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
______________________ JUSTICE K.C.BHANU
_______________ JUSTICE ANIS APRIL 25, 2014 YVL
THE HON'BLE SRI JUSTICE K.C. BHANU AND
THE HON’BLE MRS JUSTICE ANIS
WRIT PETITION No.13234 of 2014
DATED: 25.04.2014
YVL
1 issue framed by the court
Whether the Hon'ble Court ought to interfere with the order of the Tribunal to issue notice in the Original Application before the Tribunal adjudicates the issue.
2 provisions across 2 enactments
Petitioner
Respondent No.5
Respondents 1 to 4
K.C. Bhanu
Anis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
