IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 3825 of 2007 Between: Dr. Nuzhat Shahnaz, W/o. Dr. Mohammed Khalid Saifullah, R/o. 18-1-514/B/8/1, Naseebnagar, Chandrayangutta, Hyderabad. ..... PETITIONER AND 1 The STate of A.P., rep. byits Prl., Secretary, Department of Ayush, Secretariat, Hyderabad. 2 The commissioner of Ayush, Tilak Road, Abid Road, Hyderabad. 3 Dr. A. Sushasisni, Govt Nizamia Tibbi College, Charminar, Hyderabad. 4 K.lalithabai, Lecturere, Govt Nizamia Tibbi College, Charminar, Hyderabad. 5 Dr. I. Sabitha, Govt Zinamia Tibbai College, Chairminar, Hyd. .....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, or direction, more particularly, one in the nature of a writ of Certiorari as under (a) Call for the record relating to and connected with M.A.No.2948 of 2006 in O.A.No. 3867 of 2006, dt. 22.1.2007 and also proceedings No. 13337/V2/2005, dt. 22.7.2006, quash or set aside the same holding them as unsustainable and contrary to law; (b) Declare the action of the 2ndrespondent in posting unofficial respondents No.3 to 5 as Lecturers in the Govt Nizamia Tibbi College as contrary to rules, arbitrary, illegal and violative of Articles 14 and 16 of the constitution of India; (c) Direct the respondents to review of entire posting of lecturers in teaching cadre in respect of backward class in Govt Nizamia Tibba Collee, Hyderabad or Hospital Strictly in terms of A.P. Unani Medical Service Regulations framed by the Indian Medicine Council Rules; (d) Further direct the respondents to consider the case of the W.P. for posting her as a Lecturer in teaching cadre in Govt Nizamai Tibbi College or Hospital, Hyderabad against roster point No.10 with all consequential benefits; and pass. Counsel for the Petitioner:MR.ABHINAND KUMAR SHAVILI Counsel for the Respondents.: GP FOR MEDICAL HEALTH & FAMI.WELFARE , SRI K. SOMESWARA KUMAR & SRI P. NAVEEN RAO. The Court made the following : THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 3825 of 2007 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) This writ petition is filed seeking to set aside the order dated 22.01.2007 in M.A.No.2948 of 2006 with O.A.No.3867 of 2006 and also the proceedings No.13337/V2/2005, dated 22.7.2006 and to declare the action of the 2nd respondent in posting unofficial respondents 3 to 5 as Lecturers in the Government Nizamia Tibbi College as arbitrary and illegal and to direct the respondents to review entire posting of Lecturers in teaching cadre in respect of backward class in Government Nizsamia Tibbi College and to further direct the respondents to consider the case of the writ petitioner for posting as a Lecturer. The petitioner herein is the applicant before the Tribunal. Originally, she filed the O.A. seeking to quash the proceedings dated 22.7.2006 and to declare the action of the 2nd respondent in posting unofficial respondents 3 to 5 as lecturers in Government Nizamia Tibbi college as arbitrary and to direct the respondents to review the entire posting of Lecturers in the said College in respect of B.C candidates and further to direct the respondents to consider her case for posting as Lecturer. The tribunal having observed that the mode of appointment for the post of Lecturer is by direct recruitment and that the rules do not contemplate to fill the post of Lecturer by transferring from non- teaching side and so, the applicant, who was directly appointed as Medical Officer cannot be transferred or absorbed to teaching side as the recruitment is only by one method i.e., by direct recruitment and that when the applicant applied for the post of Medical Officer on non-teaching side and when she was appointed as such, she cannot question the impugned proceedings, whereunder, some other officers were temporarily transferred and posted as lecturers, dismissed the O.A and M.A. Having aggrieved by the same, the present writ petition has been preferred by the applicant. Heard the learned Counsel and perused the material available on record. Before going into the merits of the case, it is pertinent to note that the applicant applied for the post of Medical Officer on non- teaching side and now, she is seeking to post her as Lecturer on teaching side. The mode of selection to the post of Lecturer on teaching side is by way of direct recruitment. The applicant was directly appointed as Medical Officer and therefore, the transfer or absorption of the applicant to the post of Lecturer is a different mode of selection. At this stage, it is the contention of the learned Counsel for the petitioner that it is for the State Government to fill up the post of Lecturer by way of direct recruitment or it is also the discretion of the Government to utilize the service of the Medical Officers, who are qualified, on teaching side. Having regard to the facts and circumstances of the case on hand and in view of the above submission, without going into the merits of the case, We feel it a fit case wherein the petitioner can be permitted to make a representation before the appropriate authority for posting her on teaching side. At this stage, it is brought to the notice of this Court that a representation made by the petitioner on the earlier occasion, has already been rejected. In view of the above submission, We feel it just and proper to direct the authorities to dispose of the representation, if any made afresh, in accordance with law without being influenced by any of the observations made in the earlier rejection order in respect of the earlier representation. With the above observations, the writ petition is disposed of. No order as to costs. ________________________ Justice T. Meena Kumari _____________________ Justice G. Chandraiah Date: 13th March, 2008 Nn/Gurc. THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 3825 of 2007 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 13/03/2008