MERUGU MANOJ BABU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Petitioners, who are registered as Public Health Nurses, have preferred this writ petition seeking relief of quashment of G.O.Ms.No.101, Health, Medical & Family Welfare (E1) Department dtd. 4/4/1997 - the Andhra Pradesh College of Nursing Service Rules - fixing 100% reservation for Female Nurses and filling up the posts of Professors, Assistant Professors, Lecturers and Tutors for Government Medical College without conducting any direct recruitment and the consequential Notifications, i.e. G.O.Ms.No.74, Health, Medical & Family Welfare (E1) Department, G.O.Ms.No.75, Health, Medical & Family Welfare (E1) Department and G.O.Ms.No.76, Health, Medical & Family Welfare (E1) Department, all dtd. 7/7/2020, as illegal, arbitrary, unjustified, unconstitutional and contrary to Articles 14 and 16 of the Constitution of India and the judgment of the Hon'ble Supreme Court in Chebrolu Leela Prasad Rao v. The State of Andhra Pradesh dtd. 22/4/2020 in Civil Appeal No.3609 of 2022, seeking further direction to the respondentsauthorities to fill up the posts of Professors, Assistant Professors, Lecturers and Tutors in the Government Nursing College, through direct recruitment.

(2.) In the course of arguments, challenge was confined to filling up of the posts of Tutors only by 100% promotion from Staff Nurses as mentioned in G.O.Ms.No.74, Health, Medical & Family Welfare (E1) Department dtd. 7/7/2020.

(3.) In the affidavit filed in support of the writ petition, it is stated the petitioner No.5 is eligible for the post of Tutor and petitioners 1 to 4 are eligible for the posts of Professor, Assistant Professor and Lecturers; however, respondents are filling up 193 vacancies through promotion only without conducting direct recruitment; thereby, not providing opportunity to the petitioners and depriving their right of employment.