BATTEPATI C NARASIMHULU Vs. DIRECTOR OF MEDICAL EDUCATION

JUDGEMENT

(1.) This writ petition is filed to grant a relief more in the nature of a writ of Mandamus under Article 226 of Constitution of India declaring the action of the first respondent, the Director of Medical Education, State of Andhra Pradesh, in directing to carry forward roster points relating to horizontal reservations/special reservations, viz., women reservations of respective categories, physically handicapped, visually handicapped etc., as per Rule 22 of A.P.State & Subordinate Service Rules (for short, 'General Rules'), in failing to fill up those roster points under direct recruitment by general category candidates, viz., the male candidates, as illegal and arbitrary. Consequently, the inaction of the respondents in appointment of Assistant Professors including of Radiotherapy pursuant to notification No.1 of 2020 issued by the first respondent, is sought be declared arbitrary, illegal and unconstitutional violating Articles 14, 16 and 21 of Constitution of India, as well as Rules 22 and 22(A) of General Rules in failing to follow the law laid down by the Hon'ble Supreme Court in JITENDRA KUMAR SINGH AND ANOTHER v. STATE OF UTTAR PRADESH, 2010 3 SCC 119 and to issue consequential directions, directing the first respondent to make fresh selections including conducting fresh counselling for the posts of Assistant Professors including that of Radiotherapy upon filling up the roster points/vacancies, where women candidates are not available by general category including men.

(2.) Sri P.V.Krishnaiah, learned counsel for the petitioner and the learned Government Pleader for Services - III representing the respondents, addressed arguments in this writ petition at the admission stage itself, on merits. Therefore, this writ petition is being disposed of at the stage.

(3.) The petitioner completed MBBS from Kurnool Medical College, Kurnool, did MD in Radiotherapy from Nizam Institute of Medical Sciences, Hyderabad, and was a Senior Resident in Guntur Medical College, Guntur. Thus, he completed his course of study in between the years 2007 and 2019 and as a meritorious candidate.