IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH 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 : 14521 of 2009 Between: P. Sree Hari S/o. P. Rama Chandraiah Osmania University / General Hospital, Hyderabad. ..... PETITIONER AND 1 Dr. Muni Kumari W/o. M. Srinivas Kurnool Medical College, Kurnool, Kurnool District. 2 The Director of Medical Education A.P. Koti, Hyderabad. 3 The Government of A.P. Rep. by its Principal Secretary Health, Medical & Family Welfare Department, Secretariat, Hyderabad. 4 Dr. B. Venkateswarlu S/o. not known Government Maternity Hospital, Nayapul, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more in the nature of Mandamus declaring the orders passed by the Hon'ble Tribunal in M.A.No. 2098 of 2009 in O.A.No. 4337 of 2009, dated 13-7-2009 and its connected Proc.Rc.No.10014/E1A/2009, dated 16-7-2009 issued by the Director of Medical Education, A.P., Hyderabad as illegal, arbitrary, unjust and violation of principles of natural justice, equity and fair play and consequently hold that the petitioner is entitled to continue as Associate Professor in Osmania Medical College, Hyderabad in terms of Proc.Rc.No.23808/E1-A/2008, dated 5-1-2009 with all consequential benefits. Counsel for the Petitioner: MR.D.LINGA RAO Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : ORDER: (Per Sri Justice V.Eswaraiah) Aggrieved by the order passed by the A.P.Administrative Tribunal in M.A.No.2098 of 2009 in O.A.No.4337 of 2009, dated 13.7.2009, this writ petition has been filed. The 1st respondent herein, Dr.T.Muni Kumari filed O.A.No.4337 of 2009 to declare the action of official respondents herein in not conducting the counselling for purpose of posting on promotions from the post of Assistant Professor to the post of Associate Professor as per the guidelines issued by the Government in G.O.Ms.No.273, HM&FW (C2) Department, dated 21.5.1999, and posting the unofficial respondents in the said O.A., i.e., Dr.P.Srihari and Dr.B.Venkateswarlu, petitioner and 4th respondent herein respectively, in the said vacancies, ignoring the applicant/1st respondent herein as illegal and arbitrary and to direct the official respondents to consider her case for reposting as Associate Professor in any of the vacancies available in the Hospitals which are attached to the Osmania and Gandhi Medical Colleges or alternatively reposting her in the places of the unofficial respondents i.e., in the place of the petitioner or the 4th respondent. She also sought for interim direction in the main O.A., to direct the Director of Medical Education to consider her case for reposting as Associate Professor in any of the vacancies available in the Hospitals attached to the Osmania and Gandhi Medical Colleges by considering her representation dated 27.2.2009. Learned counsel appearing for the 1st respondent/applicant submits that notices issued to the petitioner and 4th respondent are avoided, but whereas the learned counsel appearing for the petitioner submits that no notice is served and the Tribunal ought not to have passed interim order as prayed for in the M.A., without considering the interim relief in main relief as sought for in the O.A. The applicant in the said O.A., Dr.T.Muni Kumari filed separate M.A.No.2098 of 2009 and sought for a relief to direct the official respondents to issue reposting orders to her in any one of the existing vacancies available in the Hospitals attached to the Osmania and Gandhi Medical Colleges or in the said colleges by conducting counselling in terms of the orders issued in G.O.Ms.No.273, HM & FW (C2) Department, dated 21.5.1999. The Tribunal without issuing any notice in the said M.A., disposed of the M.A. itself by order, dated 13.7.2009 as hereunder: “Pending disposal of the O.A., the respondents are directed to issue reposting orders to the applicant in any one of the existing vacancies available in the Hospitals attached to the Osmania and Gandhi Medical Colleges or in the said colleges by conducting counselling in terms of the orders issued in G.O.Ms.No.273, HM&FW Department, dated 21.5.1999, as ban on transfers relaxed and election code is also no more in existence. M.A. disposed of accordingly. No costs.” Aggrieved by the said order, dated 13.7.2009 in M.A.No.2098 of 2009, this writ petition has been filed contending that the Tribunal ought not to have disposed of the M.A.No.2098 of 2009 without issuing any notice to the respondents and the disposal of the M.A., granting interim relief is as good as the granting of main relief and there cannot be any justification in passing the said orders. The learned counsel appearing for the petitioner also submits that as per the Administrative Tribunals Act and the Rules made thereunder, it is a general practice of the applicants to insist upon to pass interim orders in the main original application but not by filing separate M.A. after filing the O.A., in which notice was ordered. Admittedly the said order dated 13.7.2009 in M.A.No.2098 of 2009 has been made without hearing the unofficial respondents. Having regard to the facts and circumstances of the case, without expressing any opinion on the merits of the case, the impugned order dated 13.7.2009 in M.A.No.2098 of 2009 in O.A.No.4337 of 2009 is set aside and the matter is remitted back to the Tribunal to hear the matter afresh after hearing both the sides and pass appropriate orders in accordance with law, as expeditiously as possible preferably within three weeks from the date of receipt of a copy of this order. The writ petition is allowed accordingly. No order as to costs. The papers in the M.A. as well as O.A. have been served on the learned counsel appearing for the writ petitioner and the furnishing of the said papers are the sufficient service of notice on the writ petitioner in the O.A., as well as in M.A. _______________ V.ESWARAIAH, J. ____________________ P.SWAROOP REDDY, J. 28.7.2009 Note: Issue copy within three days B.O kpr