G.NAGARAJU Vs. GOVERNMENT OF A.P.

JUDGEMENT

(1.) Regard being had to the similitude of the questions involved, on the joint request of the parties, these matters were analogously heard and decided by this common order:

(2.) The combined State of Andhra Pradesh issued a notification for recruitment of para-medical posts i.e., Multi Purpose Health Assistant (MPHA) (Male) on 22/7/2002. As per the said notification, the qualification for the said post was S.S.C.+M.P.H.A. Aggrieved by the prescription of aforesaid qualification, Original Application No.6856 of 2002 was filed before the Andhra Pradesh Administrative Tribunal (Tribunal). The qualification so prescribed in the notification dtd. 22/7/2002 was upheld by the Tribunal. The Government pursuant to certain complaints regarding bogus certificates conducted enquiry and cancelled the selection process vide G.O.Ms.No.484, dtd. 24/12/2002.

(3.) Certain petitioners feeling aggrieved by aforesaid order of Tribunal in O.A.No.6856 of 2002 and cancellation of selection by order dtd. 24/12/2002, filed two Writ Petitions i.e., W.P.No.15107 of 2002 and 422 of 2003 before this Court. Apart from the above Writ Petitions, some other similar Writ Petitions were also filed. Initially, this Court permitted the candidates having qualification of Intermediate to participate in the selection. However, said Writ Petitions were decided on 11/9/2003 and qualifications so prescribed as S.S.C. and Diploma in Health Assistant from recognized institute were upheld. However, the Government as well as aggrieved parties assailed the said order of this Court before the Apex Court in Civil Appeal No.4428 of 2006 and 4267 of 2006. During the pendency of said appeals, the State Government filed a modification petition before the Supreme Court seeking leave to appoint MPHA in exigency of administration. The Supreme Court on 7/8/2006 permitted the State Government to proceed with appointment of MPHA. Consequently, on 15/9/2006, GO.Rt.No.1234 was issued permitting the Director of the Department to notify and fill-up the vacancies existing as on 15/9/2006. The aforesaid Civil Appeals came up for hearing before the Supreme Court and ultimately, by order dtd. 9/8/2011, the appeals were dismissed and common order of this Court in WP.No.15107 of 2002 and batch, dtd. 11/9/2003, was upheld.