Andhra Pradesh High Court Allows Writ Petition: Says Legitimate Right to Employment Denied

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Case: Pollu Kishore Kumar v. the State of Andhra Pradesh
[ Writ Petition No. 16590 of 2020]

Excerpt 

The writ petition against the respondent for not considering the case of the petitioner. For the appointment of the petitioner to the post of multipurpose health assistant (male). In spite of the submission of para medical board registration certificate. 

Facts of the Case

The petitioner passed SSC, intermediate and diploma in public health and sanitation technology. The 4th respondent i.e , district collector, issued notification of filling up the post of multipurpose health assistant (male) backlog PHC vacancies under reserved category VH, HH, OH. The petitioner applied for the post under HH category. The petitioner attended certificate verification.

The 4th respondent selected him and his name was also shown in the list at serial no. 20 of the selected candidate list. Despite being on the selected candidate list the petitioner was not granted job. The appointment is denied on the ground that the certificate possessed by him for a one-year diploma course in PH & ST was not registered with the A.P. para medical board. 

Contentions

The learned council of the petitioner argued before the court that the 4th respondent is addressed with a letter by the respondent no.3. On account of bifurcation of the state of Andhra Pradesh the para medical board of Andhra Pradesh in combined state was not in existence.

The A.P. para medical board was not yet established in A.P. and the 4th respondent addressed the letter to the 2nd respondent. In the letter he stated that the appointment of the petitioner stands in abeyance on the grounds that the petitioner did not submitted A.P. para medical board certificate. Till now the case of the petitioner has not reached a conclusion. Due to which the petitioner has lost 5 years of job employment. 

The learned council of the respondents submits that the appointment of the petitioner was in abeyance because he could not produce certificate from the A.P. para medical board. At the time of document verification, the petitioner was not registered with the para medical board. 

Analysis

From the submissions it is clear that there is no dispute with regard to the issuing of the notification for the post of multipurpose health assistant by the 4th respondent. The selection of the petitioner for the post as his name appeared on serial no. 20 of the selected candidate list is also clear. The reason for the not issuing appointment was his non registration with the A.P para medical board. 

The fact that now bifurcation of the state happened. Due to which the Andhra Pradesh did not have its own para medical board. Till the establishment of the new board all the activities are stalled. But the petitioner had paid the required fee for his registration to the para medical board and considering the same he is given registration certificate.

The respondent decided to do appointment after completion of the registration process. After completion of the process respondent no. 3 addressed the letter to the respondent no. 4 but further no appointment happened. 

Court’s Decision

The Court directed that the petitioner is qualified and eligible for consideration to the post of multipurpose health assistant under HH category. Since 2016, petitioner legitimate rights to employment are denied.

The Court held that “the respondents act of not considering the case of petitioner for appointment to the post is illegal, unjust and violation of principles of natural justice”.

The writ petition is allowed thereby directing the 4th respondent to examine the case for appointment of the petitioner to the post within 2 weeks from the date of receipt of copy of this order.


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