CHALLA NAGI REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The two petitioners in Writ Petition No. 6087 of 1981 and the four petitioners in Writ Petition No. 6289 of 1981 are graduates working as Agricultural Sub-Assistants, Grade-II in the Agricultural Department Government of Andhra Pradesh) The Government of Andhra Pradesh permitted the Village Development Officers, working under Panchayat Raj Department to acquire B.Sc., (Agr.) degree under G. O. Ms. No. 564, dated 14th June, 1976 to facilitate them to the promotion of Assistant Agricultural Officers and 22 seats were reserved to them for this purpose in the Agricultural University. In the G. O. Ms. No. 564, dated 14th June, 1976, it was specifically stated that (a) the Village Develpoment Officers, who have passed the S. S. L. C. or H. S. C. or P.U.C., or H. S.C. (M. P.) with Science or Mathematics subjects optionals and who have put in at least 5 years of service in that cadre and are not over 40 years of age shall be admitted to B. Sc. (Agr.) Course ; (b) The Village Development Officers who have passed Intermediate Examination with Biological Science or M. P. C. with 5 years of experiencing and not over 40 years of age eligible for admission to B. Sc. (Agr.) 2nd year course ; (c) The village Development Officers who have under gone refresher training and who have passed the higher training course in first, second and third divisions at the Village Development Officers training centre shall be given preference in the order of merit. Now with a view to increase the promotional chances to the Village Development Officers and in view of certain other factors, the Government have decided that subject to the conditions stipulated above, the order of preference for selection of candidates should be as follows:

(2.) Similarly, G. O. Ms. No. 225, Food and Agriculture Development, dated 11th March, 1976 was issued by the Government for giving admissions to the Sub-Assistants Grade-I and II and the Field Assistants, of Agriculture Department into E. Sc., (Agr.) of the Agricultural University for which 22 seats were reserved. The G. O. was issued in pursuance of the report of the Director of Agriculture. In the preamble of the order, it is stated that the Field Assistants and Sub-Assistants of Agriculture Department have been representing that the concessions as were extended to the Village Development Officers in G. O. Ms. No. 110 P. R. (Trg-II) Department, dated 7th February, 1967 to study B. Sc., (Agr.) course might be extended to them also to qualify themselves for promotional avenues to the posts of Assistant Agricultural officers in Agriculture Department, that the Field Assistants and Sub-Assistants are the experienced field staff in Agriculture, Department and that, therefore, it would be appropriate to extend the concessions to study B. Sc.. (Agr.) to the Field Assistants and Sub- Assistants of Agriculture Department also. The Government after detailed examination of the matter accepted the proposal of the Director of Agriculture to depute the Field Assistants and Sub-Assistants of Agriculture Department for further studies in B. Sc. (Agr.) Course subject to the following conditions. "(i) Only such of those Field Assistants and Sub-Assistants of Agriculture Department with 5 years of service and not more than 40 years of age, who fulfils the entrance qualification for admission in to B. Sc., (Agr.) Course and selected by the Andhra Pradesh Agricultural University be allowed to be deputed for studying B. Sc., (Agr.) Course. The director of Agriculture will be the Authority competent to sponsor the candidates direct to the Andhra Pradesh Agricultural University. (ii) (iii) As graduate Village Development Officers were given preference over non-graduate Village Development Officers and similarly Grade-I graduate Village Development officers were preferred to Grade-II Village Development Officers as provided in G. O. Ms. No. 564 dated 14th June, 1976, some Sub Assistants, and Field Assistants of Agriculture Department who were graduates made a representation to the Government that their applications for admission to First Year B. Sc., (Agr.) course giving preference to graduate to Sub-Assistants and over others may be considered as in the case of Village Development Officers of the Pancha- yat Raj Department. The Government after considering the representation, in consultation with the Director of Agriculture, issued G. O. Ms. No. 77, Food and Agriculture Department, dated 3rd March, 1981 which reads as follows:

(3.) Aggrieved with the Memo. No. 23304/ Agri/III-81-3, dated 20th August, 1981, the petitioner, who are Graduate Sub-Assistants filed these two writ petitioner seeking for the issuance of a writ of certiorari to quash the impugned Memo, and to direct the respondents 1 to 3 to consider the case of the petitioners according to G. O. Ms. No. 77, Food and Agriculture, Dpartment, dated 3rd March, 1981.