KUTIKALA INDIRA PRIYADARSINI Vs. STATE OF A.P.

JUDGEMENT

(1.) The petitioners, Doctors, working in different Medical Colleges across the State of Andhra Pradesh, under the control of the Directorate of Medical Education, Government of Andhra Pradesh, filed the above writ petition, to declare condition No.4(2)(i) i.e. spouses working in Government, in G.O.Ms.No.273, Health, Medical and Family Welfare Department, dtd. 21/5/1999, as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India.

(2.) The averments in the writ affidavit, in brief, are that petitioners 1 to 16 are working as Assistant Professors and petitioners 17 to 25 are working as Associate Professors. The next promotion from Assistant Professor is Associate Professor and from Associate Professor to Professor. The promotion is based on seniority. Respondent No.2 prepared a seniority list of the candidates, eligible for promotion to the next higher post, for the panel year, 2023-2024. All the petitioners were called for counselling. Respondent No.2 informed that priority, to choose places, at the time of the promotion would be given to four categories mentioned in para 4(2) of G.O.Ms.No.273 dtd. 21/5/1999. The priority is given to the personnel covered under 4(2)(i) of G.O.Ms.No.273 dtd. 21/5/1999 and the other persons in seniority were not given an option for selecting places. Adopting such a procedure is illegal and arbitrary.

(3.) A counter affidavit, deposed by respondent No.2, was filed on its behalf as well as on behalf of respondent No.1. In the counter affidavit, it was not disputed about the promotions affected in the cadre of Associate Professors and Assistant Professors and selected candidates opting the places as per para 4.2.i of G.O.Ms.No.273 dtd. 21/5/1999. It was specifically contended that petitioner No.1 (Anesthesia), petitioner No.2 (Microbiology), the petitioner No.9 (pharmacology) standing at serial Nos.25, 13 and 6 respectively, in the seniority list, of the respective branches, did not opt for any place. Petitioners, 3 to 8 and 10 to 16, working as Assistant Professors in various Specializations are not included in the list of promotion for the post of Associate Professors for the panel year, 2023-24. Petitioners 17, 18 and 24 were promoted as Associate Professors in their respective specializations in the panel year, 2021-22. Petitioner No.23 was promoted to Associate Professor in the panel year, 2022-23. Petitioners 19 to 22 and 25 were promoted as Associate Professors in their respective specializations in the panel year, 2023-24. Petitioners 17 to 25 were called for counselling in the normal seniority after calling all the priorities as per G.O.Ms.No.273 dtd. 21/5/1999.