A. SAGAR Vs. DISTRICT MEDICAL AND HEALTH OFFICER

JUDGEMENT

(1.) This Writ Petition has been filed seeking a writ of mandamus to declare the action of the respondents in not considering the case of the petitioners for appointment to the post of Multipurpose Health Assistants (MPHA) (Male), even though they secured more marks than the candidates who were reappointed vide G.O.Rt.No.1207, dtd. 9/10/2013 in spite of orders of this Court in WVMP.No.2120 of 2015 in W.P.No.3178 of 2014, dtd. 15/9/2015 and rejecting the case of the petitioner vide proceedings RC.No.E2/3694/2020, dtd. 25/6/2021, issued by the 1st respondent, as illegal, arbitrary and discriminatory and consequently, to set aside the impugned order and direct the respondents to appoint the petitioners to the post of MPHA's (M) as per their merit, strictly by implementing the orders of this Court dtd. 15/9/2015 in WVMP.No.2120 of 2015 in W.P.No.3178 of 2014, as was done in respect of similarly placed persons, with all service and monetary benefits and to pass any such order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

(2.) The brief facts leading to the filing of the present writ petition are that initially G.O.Ms.No.273, HM & FM, dtd. 24/4/1989 was issued prescribing the qualifications for the post of MPHA's (M) as under:

(3.) While the matters stood thus, the Government had issued a notification on 20/7/2002 for recruitment of Paramedical Posts including MPHA's (M) with prescribed qualifications of SSC + Multipurpose Health Workers Training Course. On 11/8/2002 a written test was conducted and all the petitioners herein have secured qualifying marks. In the meantime, some of the candidates filed the O.A.No.6856 of 2002 and batch before the Andhra Pradesh Administrative Tribunal (APAT) challenging the prescription of SSC qualification contrary to the earlier prescribed qualification of intermediate. The APAT dismissed the O.As., and challenging the same, W.P.No.15107 of 2002 and also W.P.No.422 of 2003 and others were filed before the Andhra Pradesh High Court. The Andhra Pradesh High Court passed an interim order dtd. 24/4/2003, to consider intermediate along with Sanitary Inspector training course certificate or Multipurpose Health workers training course certificate as the necessary qualification and accordingly, the candidates were directed to be appointed. In view thereof, G.O.Ms.No.159 HM&FW, dtd. 16/5/2003 was issued to appoint the candidates who have passed diploma in public health and sanitation and also possessed the intermediate qualification and the finalized selection list was issued on the basis of G.O.Ms.No.159.