K.SATHEESH Vs. STATE OF A.P.

JUDGEMENT

(1.) Heard Sri Shaik Mohammed Ismail, learned Counsel for Writ Petitioners (in W.P.No.21631 of 2023; W.P.No.35248 of 2022; W.P.No.22562 of 2023; W.P.No.23128 of 2023; W.P.No.23258 of 2023 and W.P.No.23848 of 2023) and Sri V.R. Reddy Kovvuri, learned Counsel for the Writ Petitioners (in W.P.No.29248 of 2022; W.P.No.31372 of 2022; W.P.No.33278 of 2022; W.P.No.33412 of 2022; W.P.No.33733 of 2022; W.P.No.33894 of 2022; W.P.No.6838 of 2023; W.P.No.17406 of 2023; W.P.No.21659 of 2023; W.P.No.25151 of 2023 and W.P.No.28503 of 2023); Sri Madhu Sudana Sai Ram Asadi, learned Counsel for the Writ Petitioner in W.P.No.22491 of 2023 ; Sri V. Ramesh, learned Government Pleader for Services-IV and Ms. Shagufta Jahan Noor; Sri Viswanath Challa, learned Counsel appearing on behalf of Sri S. Vivek Chandra Sekhar, learned Standing Counsel for National Medical Commission.

(2.) All these Writ Petitions involve a substantive common issue, while the other factual details do vary from Writ Petition to Writ Petition. In this view of the matter, the facts emanating from the W.P.No.21631 of 2023 are referred to herein. The prayer, as such in W.P.No.21631 of 2023 is as under:

(3.) This batch of Writ Petitions were listed from time to time before this Court. My Predecessors have issued several Interim Orders from time to time directing the Respondent Authorities not proceed further and in some cases, a direction was given to keep the required number of posts unfilled. The common challenge in all these Writ Petitions revolved around a Notification issued by the Directorate of Medical Education, Government of Andhra Pradesh vide Notification No.2 of 2023 dtd. 14/7/2023 (Ex.P.3). This Notification is issued for recruitment of posts of Assistant Professors through Direct Recruitment and Lateral Entry relating to clinical and non-clinical posts in the Government Medical Colleges and Teaching Hospitals, which are under the Directorate of Medical Education. The said Notification No.2 of 2023 would state that the recruitment shall be as per the Service Rules issued in G.O.Ms.No.154, HM&FW (A2) dtd. 4/5/2002 (Ex.P.4). The present controversy relates to the filling-up of non-clinical posts of Assistant Professors relating to the Departments of Anatomy, Bio-chemistry, Micro Biology, Pharmacology and Physiology. Notification No.2 of 2023 dtd. 14/7/2023 (Ex.P.3) had made it mandatory for the Applicants for the post of Assistant Professor for non-clinical posts to submit a Senior Residency Completion Certificate. Maximum age prescribed for the Applicants for OC candidates is 42 years, 47 years for the EWS/SC/ST/BC candidates, 52 years for Physically Handicapped persons and 50 years for the Ex-servicemen as on the date of Notification. It is also stated that the Rule of Reservation will apply as per the provisions of A.P State and Subordinate Service Rules, 1996 and also as per the G.O.Ms.No.857 & 858, HM & FW Department dtd. 14/11/2022. Selection procedure is based on marks/grade obtained in the qualifying degree and as per the criteria evolved in Sec. -II of Para No.7 of the Notification No.2 of 2023.