IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISIDICTION) MONDAY, THE TWENTY FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH

WRIT PETITION NO: 15507 OF 2020'

Between:

• 1. C. Dorababu, S/o. C. Padmanabham,
• 2. Dande Kanaka Durgaiah, S/o. D. Venkata Ramana,
• 3. P. Bhanu Prakash, S/o. P. Gangaiah,
• 4. P. Satish, S/o. P. Siva Sankar,.

AND

• The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.<br>The Commissioner of Panchayat Raj and Rural Development, Government of $1.$
• $\overline{2}$ . Andhra Pradesh, Vijayawada.
• 3. The Commissioner of Horticulture, Government of Andhra Pradesh, Vijayawada 4. The District Selection Committee, Rep. by its Chairman / District Collector, Chittoor District.
• 5. The District Selection Committee, Rep. by its Chairman / District Collector, Kadapa District.

Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the impugned action of the respondents, particularly the 3rd respondent in issuing impugned Notification No. 1/Horti/2020, dated 10.01.2020 issued for the posts of Village Horticulture Assistants in Horticulture Department, so far as it relates to prescribing qualifications, not allowing Diploma in Agriculture possessed by the petitioners, though petitioners have studied the subjects of Horticulture in their Diploma and are working for the past several years in the Horticulture Department, discharging same duties attached to the posts of Village Horticulture Assistants as highly illegal, arbitrary and violative of Article 14 and 16 of the Constitution of India, apart from contrary to the Rules.

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to allow the petitioners to participate in the selection process for the posts of Village Horticulture Assistants notified in Notification No. 01/Horti/2020, dated 10.01.2020 with their qualification of Diploma in Agriculture, pending disposal of WP 15507 of 2020, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri G. V. Shivaji Advocate for the Petitioners GP for Services-I for the Respondents, the Court made the following.

ORDER

Heard learned counsel for the petitioners and learned Government Pleader for Services-I, appearing on behalf of the respondents.

Learned counsel appearing for the petitioners has contended that the petitioners are qualified and eligible for the posts of Village Horticulture Assistants, pursuant to the notification No.1/Horti/2020, dated 10.01.2020

Petitioners

and the respondents have issued corrigendum dated 30.01.2020 to the said notification, by virtue of said corrigendum, the petitioners' opportunity was denied.

Despite the petitioners having qualifications as per the said notification and also as per the G.O.Ms.No.64 dated 19.06.2020, the authorities have not issued the hall tickets to the petitioners even though they have uploaded the applications within the prescribed time.

He further contends that after initiating the selection process, the respondents are not entitled to middle with the selection process. Hence, requested a direction to the respondents to issue hall tickets and consider their case for appointment to the said posts.

Learned Government Pleader appearing for the respondents has vehemently opposed that the petitioners are not having requisite educational qualifications as per the corrigendum, dated 30.01.2020 and also without having any I.Ds., the authorities could not be able to generate and issue the hall tickets to the petitioners, thereby requests time to file counter.

Learned counsel appearing for the petitioners categorically stated that they have uploaded the applications well within the time and they are also having the I.Ds., hence requests to direct the respondents to issue hall tickets and permit them to appear the examination, scheduled to be held on 25.09.2020.

Considering the above submissions, there shall be a direction to the respondents to issue hall tickets to the petitioners, who received the I.Ds., permit them to attend the examination and to participate in the selection process, but not to issue any appointment orders.

Post on 28.09.2020.

Meanwhile, learned Government Pleader is directed to file counter.

//TRUE COPY//

Sd/- G. SRINIVASA REDDY ASSISTANT REGISTRAR For ASSISTANT REGISTRAR

• 1. The Principal Secretary, Panchayat Raj Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The Commissioner of Panchayat Raj and Rural Development, state of Andhra

• Pradesh, Vijayawada.

• Fradesh, Vijayawada. The Commissioner of Horticulture, State of Andhra Pradesh, Vijayawada The Chairman / District Collector, District Selection Committee, Chittoor District.

• 8. One spare copy

TVR

To

HIGH COURT

DRJ

DATED:21/09/2020

ORDER

WP.No.15507 of 2020

POST ON 28.09.2020