IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION No.14410 of 2009 Between: Dr. T. Nandgopal S/o. Late T. Venkat Swamy Government Homeopathic Medical College, Kadapa, Kadapa District. ..... PETITIONER AND 1 The State of Andhra Pradesh, Rep. by its Secretary, Health Medical and Family Welfare Department, Secretariat,Hyderabad. 2 The Commissioner Department of AYUSH Government of Andhra Pradesh,Hyderabad. 3 The A.P. Administrative Tribunal Rep.by its Registrar, Purani Haveli, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ order or direction more particularly one in the nature of writ of Certiorari by; i) Declaring the action of the 3rd respondent in not taking up the interim application in O.A.No. 2258 of 2009 of the petitioner for adjudication as arbitrary and unconstitutioonal ii) Declare the action of the 1st and 2nd respondents in not considering the case of the petitioner for promotion to the post of Professor, Homeopathic Medicine and also not considering the representation of the petitioner dt. 27-1-2009 as wholly illegal, arbitrary and unconstitutional and consequently direct the respondents to consider the case of the petitioner for promotion to the post of Professor, Homeopathic Medicines in the interest of justice. Counsel for the Petitioner:MR.PRATAP NARAYAN SANGHI Counsel for the Respondent No.: GP FOR SERVICES II The Court made the following : THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION No.14410 of 2009 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) The petitioner herein filed O.A.No.2258 of 2009 seeking a direction to the respondents therein to consider his case for promotion to the post of Professor, Homeopathic Medicine as per his seniority, eligibility and suitability with all consequential benefits. Pending disposal of the O.A., the petitioner sought for an interim relief to consider his case for promotion to the post of Professor, Homeopathic Medicine. The Tribunal by order, dated 10-02-2009 issued notice before admission returnable within two weeks. Thereafter, on 03-07-2009, the matter was adjourned by four weeks, but, however, the interim relief was not granted. Aggrieved by the action of the Tribunal in not considering the interim relief in the said O.A. and aggrieved by the action of the 2nd respondent in not considering the representation, dated 27-01-2009, the present writ petition has been filed by the petitioner. We do not see any illegality in the action of the Tribunal in not considering the interim relief, as the interim relief as well as the main relief is one and the same. Therefore, we are of the opinion that the Tribunal rightly not considered the interim relief. But, however, during the course of arguments, learned counsel for the petitioner submits that the petitioner made representation, dated 27- 01-2009 to the 2nd respondent requesting to include his name in the proposed panel of DPC for promotion to the post of Professor, Homeopathic Medicine, but the said representation has not been considered and disposed of. Having regard to the facts and circumstances of the case, without expressing any opinion on the merits of the case, the writ petition is disposed of directing the 2nd respondent to consider and dispose of the representation of the petitioner, dated 27-01-2009, while preparing the panel of DPC for promotion to the post of Professor, Homeopathic Medicine, and pass appropriate orders in accordance with law. The petitioner is at liberty to question the consequential order, if he is so aggrieved. In view of disposal of the writ petition, O.A.No.2258 of 2009 stands disposed of. There shall be no order as to costs. ________________ V.ESWARAIAH, J _____________________ P.SWAROOP REDDY, J Date: 20-07-2009 Note: Issue C.C. in three days (B/o) Prv only innocuous prayer made by the petitioners before the APAT as the interim relief is to consider his application for promotion as Professor of under Graduate course in the existing vacancies by taking the experience in the cadre of Assistant Professor with effect from 01-12-2001.