The Hyderabad High Court dismissed a writ petition challenging an Andhra Pradesh Administrative Tribunal order. The petitioner, a candidate for a Staff Nurse post, was rejected for not claiming Local Scheduled Tribe Agency Area status in her application. The Court upheld the Tribunal's dismissal of the challenge.
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.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWARRAO
WRIT PETITION NO: 35536 0F 2013
Between:
Tejavath Gowrubai, D/o. Tejavath Desai, Aged about 23years, Unemployee, R/o. 5-40, Khapri village, Asifabad[Vlandal, AdilabadDistrict.
...PETITIONER
AND
...RESPONDENTS
Petition under Arlicle 226 of the Constitutionof lndiaprayingthat in the' circumstances stated in the affidavitfiled therewith'the High Court may be pleased to issue a writ, order or direction more in thenatureof Mandamus calling for the records relating to the ordersof the Hon'ble A.P. AdministrativeTribunalin O.A.No. 1643 ;f 20'13, dated14-8-2013and its connectedProc.Rc.No' 81t1812O13, dated 21-2-2013issued by the1st respondent and quash or set-aside the same and consequentlyholdthat the petitioneris entitled for selectionand appointment to thepost ofStaff Nurse with all consequential benefits.
l.A. NO:'l OF 2013(WPMP. NO: 44158 0F 2013)
Petition under Section 151 CPC praying that in the circumstances statedin the affidavit filed in support of thepr:titron, the High Court may bepleased to direct the respondents to consider thc case of thepetitioner for selectron and appointment to the post of Staff NLrrsc in one of the existing available vacancies without reference to orders of the Hon'ble AP Administrative Tribunalin OA.No.1643/2013 dated 14.8 2013 and its connected Proc.Rc. No. 81/1812013 daled 21 .2.2013 issued by the'1 st respondent.
Counsel for the Petitioner: SRI D.BALA KISHAN RAO Counsel for the Respondents: GP FOR SERVICES ll The Court made the following: ORDER
,/
THE HON'BLE SRI JUSTICE ABHINAND KUMAR STIAVILI
AND
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
Writ Petition No.35536 of 2Ol3
ORDER : Per lTon'bte Justice Abhinand Kumar Shauiti)
This Writ Petition is filed by the petitioner under Article 226 of the Constitution of India seeking a writ, order or direction more in the nature of a Mandamus by calling for the records relating to the order passed by the Andhra Pradesh Administrative Tribunal, at Hyderabad (for short, 'the Tribunal') in O.A.No.1643 of 2013, dated 14.08.2013 and also connected proceedings issued by the 1"t respondent uide Rc.No.Bl/18/2073, dated 21.O2.2013 and to quash or set aside the same; and consequently, to declare the petitioner as entitled for selection and appointment to the post of 'Staff Nurse' with all consequential benefits.
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Divisional Officer, the respondents have issued Call Letter to the petitioner; hou,ever, ar the time of hnal selection, the respondents have no[ consiclered the case of petitioner orr the ground that petitioner had not claimed ,Local Scheduled Tribe Agency Area, benefit in the application form, and accordingly, the respondents have rejected the case of petitioner uide rejection order in Rc.No.Bl/ l8l2ot3, d,ated, 2t.O2.2O23; aggrieved by the said rejection order, petitioner approached the Tribunal by filing O.A.No 1643 of 2Ot3; uide order dated 14,08.2013, the Tribunal r,t as pleased to dismiss the O.A. without appreciating any of the contentions raised by the petitioner; and therefore, prayed this Court to pass appropriate orders in the writ petition by setting aside the order passed by the Tribunal in O.A.No.1643 of 2013, dated 14.08.2013, and also to further direct the respondents to consider the case of petitioner for appointment to the post of,Staff Nurse, by treating the petitioner as member belonging to ,Local Scheduled Tribe Agency Area'.
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the order passed b-y the Tribunal in O.A.N o.1643 of 2073, dated 14.08.2013. Therefore, the Writ petition fails and it is accordingly dismissed. No costs.
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To
HIGH COURT
DATED:1 110712023
ORDER
WP.No.35536 of 2013
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DISMISSING THE WRIT PETITION WITHOUT COSTS.
2 issues framed by the court
Whether the High Court should interfere with the Administrative Tribunal's order dismissing an original application regarding staff nurse appointment.
Whether the petitioner is entitled to appointment to the post of Staff Nurse considering she did not claim Local Scheduled Tribe Agency Area status in the application.
Tejavath Gowrubai
The State of Telangana
Abhinand Kumar Shavili
Namavarapu Rajeshwar Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
