HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NOs.20472 and 20988 of 2009 Dt.28.1.2010 W.P.No.20472 of 2009: Between: Nagalakshmi .. Petitioner And The Government of Andhra Pradesh, Medical & Health & Family Welfare Dept., Secretariat, Hyderabad and others .. Respondents W.P.No.20988 of 2009 Smt.J.Premalatha and another .. Petitioners And The Government of Andhra Pradesh, Medical & Health & Family Welfare Dept., Secretariat, Hyderabad and others .. Respondents HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NOs.20472 and 20988 of 2009 COMMON ORDER: (Per Sri Justice Vilas V. Afzulpurkar) W.P.No.20472 of 2009 is filed by the 4th respondent and W.P.No.20988 of 2009 is filed by respondents 7 and 8 in O.A.No.7220 of 2007 on the file of the Andhra Pradesh Administrative Tribunal. The said two writ petitions are directed against the final orders of the Tribunal allowing the said O.A.No.7220 of 2007 by the impugned order dated 11.9.2009. The said O.A. was filed by the applicant Dr.T.Lakshmi Suvarna, who is arrayed as respondent No.8 in W.P.No.20472 of 2009 and respondent No.6 in W.P.No.20988 of 2009. The question involved in the O.A. was relating to the validity of the selection of the petitioners in these writ petitions and the 6th respondent in the said O.A. The appointment of respondents 4 to 8 therein was questioned in the O.A. Out of the said respondents, the 6th respondent in the O.A. had resigned. Therefore, respondents 4, 7 and 8 in the O.A. were aggrieved by the order of the Tribunal whereby and whereunder their selection and appointment made on 23.12.2006 to the post of Senior Lecturer/ Senior Medical Officer (Yoga) was set aside on the ground that they are not eligible, as they did not have requisite educational qualification. The said order was questioned and at the time of admitting these writ petitions we had heard the matter at length and had passed a detailed order giving the facts and circumstances of the case and recording our prima facie satisfaction with regard to the contentions urged. For the sake of convenience, it would be appropriate to extract the order passed in W.P.M.P.No.26688 of 2009 in W.P.No.20472 of 2009, dated 24.9.2009, as under: “This writ petition is filed by the 4th respondent in O.A.No.7220 of 2007. The 8th respondent herein filed the aforesaid O.A. before the Andhra Pradesh Administrative Tribunal questioning the selection of respondents 4 to 8 in the O.A. by respondents 1 to 3 therein and consequently sought cancellation of the selections and appointments made on 23.12.2006. The said selections were made for various posts of Research Professor (Yoga), Senior Medical Officer/Senior Lecturer (Yoga), Lecturer in Yoga, Senior Lecturer/Senior Medical Officer (Naturopathy) and Junior Lecturer/ Junior Medical Officer (Naturopathy) vide notification no.1661/APYP/2005 dated 04.11.2006. The contention of the applicant before the Tribunal was that even though she possess the requisite qualification for the said posts, she could not have been considered for any of the posts of Research Professor (Yoga) or Senior Medical Officer/Senior Lecturer (Yoga) or Lecturer (Yoga) or Senior Lecturer/Senior Medical Officer (Naturopathy) or Junior Lecturer/Junior Medical Officer. However, the official respondents in the O.A. before the Tribunal have ignored her candidature and selected the respondents 4 to 8 in the O.A. to the various posts of Senior Medical Officer downwards. The Tribunal has considered the qualifications of the applicant vis-à-vis the respondents 4 to 8 before the Tribunal with reference to the notification and the essential qualifications mentioned therein with respect to each of the posts. The Tribunal was of the view that for the post of Research Professor (Yoga) one must possess a Degree from a recognized University and must possess a Degree / Diploma / Certificate in Yoga or Naturopathy from a recognized Institution / Statutory Board / University / Institution aided by Central or State Government apart from the research experience. For the post of Senior Medical Officer / Senior Lecturer (Yoga) the qualifications 1 and 2 are same as above and in addition the candidate must have 3 years experience in any recognized Yoga Institution. For the post of Senior Lecturer / Senior Medical Officer (Naturopathy) one must have passed Intermediate or its equivalent examination and must possess a Degree / Diploma in Naturopathy or Yoga from a recognized Institution / Statutory Board / University / Institution aided by Central or State Government and must have three years of experience having worked as Lecturer / Medical Officer in any of the Nature Cure Institution. On consideration of the material on record, the Tribunal found that while the applicant possessed the requisite qualifications, the respondents 4, 7 and 8 before the Tribunal did not possess the requisite qualification. As already mentioned above, the writ petitioner is the 4th respondent before the Tribunal and the 6th respondent before the Tribunal has already resigned from the job. Consequently, the Tribunal set aside the appointments of respondents 4, 7 and 8 and directed the official respondents to consider the candidature of the applicant for the said posts possessing two degrees with research experience and the necessary selections should be completed out of the candidates who are already in the selection process applied pursuant to the said notification within a period of three months. As stated above, this writ petition is filed by the 4th respondent before the Tribunal in the O.A. The primary contention of the learned counsel for the petitioner is that since the respondents 7 & 8 in the O.A. possess the qualification of Diploma in Naturopathy issued by the Osmania University, their appointment was rightly made. The learned counsel contends that the said Diploma, which spreads over from more than 4½ years covers major part of the course towards the Degree qualification and the rest of it is the Post Graduate qualification. The learned counsel, therefore, submits that the said Diploma must be treated by the 4th respondent in the O.A. fulfilling the Degree as well as the Diploma qualifications as required for the post of Research Professor and Senior Medical Officer / Senior Lecturer (Yoga). We are, however, prima facie, not prepared to accept the said contention in view of the fact that the Government of Andhra Pradesh have already issued proceedings through the Department of Ayush vide proceedings No.13982/Admn.5/2005 dated 16.09.2005 wherein the Diploma course in Naturopathy is treated as equivalent to Degree in Naturopathy. Thus, the 4½ years Diploma on which the said writ petitioner is relying upon can at best be treated as equivalent to Degree in Naturopathy but the requirement in the notification is that one must possess a Degree in addition to a Diploma in Naturopathy. We, prima facie, agree with the finding of the Tribunal that the appointment of the respondents 7 & 8 before the Tribunal in the O.A. i.e. the writ petitioner was rightly set aside as she does not possess the qualifications. The learned counsel for the petitioners has also relied upon further Post Graduate Diploma acquired by the petitioner in Hospital and Health Management. However, the same being in a different discipline altogether cannot be treated as fulfilling the essential educational qualifications required under the notification. It is further contended by the learned counsel for the petitioners that she has been working in the said post for the last 2½ years and prior to that she was working in the same institution on temporary basis. The learned Government Pleader submits that the vacancies position will have to be ascertained. However, though, prima facie, we are in agreement with the findings of the Tribunal we are also of the view that keeping in view the qualifications of the writ petitioners that even if they are not qualified to hold the post of Research Professor (Yoga) or Senior Medical Officer / Senior Lecturer (Yoga), they fulfil the educational qualifications required for the posts of Senior Lecturer/ Senior Medical Officer (Naturopathy) as well as Junior Lecturers / Junior Medical Officer (Naturopathy). Since it is represented that the petitioners as well as the other candidates had applied for all the posts notified and there are 8 posts of Senior Lecturer / Senior Medical Officer (Naturopathy) and 7 posts of Junior Lecturer / Junior Medical Officer (Naturopathy) there is no reason as to why the petitioners cannot be considered for the said posts of Senior Lecturer or Junior Lecturer wherever they can be accommodated. The learned Government Pleader seeks time to get instructions as to the vacancy position as well as the feasibility of accommodating the petitioner. The learned counsel for the petitioners also shall get instructions and file an affidavit of the petitioners if they are willing to accept the post of Senior Lecturer or Junior Lecturer whichever is offered to them in future. We, therefore, deem it appropriate to direct the official respondents 1 to 3 herein to initiate the exercise to implement the order of the Tribunal in the light of this order.” Pursuant to the aforesaid directions, the petitioners in both the writ petitions have filed affidavits confirming their willingness to accept the post of Senior Lecturer or Junior Lecturer whichever is offered to them in future. The Government has considered the aforesaid directions and filed counter affidavits. Paras 12, 13 and 14 thereof which are relevant are as follows: “In this regard, it is submitted that one post of Senior Medical Officer (Naturopathy) and one post of Junior Medical Officer (Naturopathy) is vacant in Gandhi Naturopathic Medical College and Nature Cure Hospital, Hyderabad. The said (2) vacant posts were actually notified in the Notification No.1661/APYP/2005, dated 4.11.2006 as to be reserved for OC (Physically Handicapped) Women. Due to non-availability of eligible candidate from the Physically Handicapped category, the said (2) posts remained unfilled and are vacant at present. Later, on the proposal of the Secretary, A.P. Yogadhyayana Parishad, Hyderabad, the Government vide G.O.Rt.No.1031, HM&FW (R.1) Dept., Dt.2.8.2007 have issued orders converting the said (2) posts from OC PHC (W) to OC(W). Further, it is submitted that consideration of claims of petitioners may lead to further claims since there are more meritorious candidates to these petitioners, who are also suitable. It will be travesty of justice, if people who have not approached APAT / High Court but are otherwise fully eligible are not considered. Further, there are only (2) vacant posts whereas the same relief has been sought by other candidates namely Dr.J.Prema Latha & Dr.Ch.Hima Bindu in W.P.No.20988 of 2009 in this Hon’ble Court. In view of the above circumstances and also in the interest of justice, it is submitted that W.P.No.20988 of 2009 may be clubbed with this and appropriate orders as deemed fit may be passed since it may not be prudent to consider petitioner’s request alone without giving other applicants the chance of their consideration in accordance with selection criteria. I am also to submit that the Hon’ble A.P. Administrative Tribunal in its order in O.A.No.7220/2007 have set aside the selections made and therefore the writ petitioner herein and unofficial respondents stand on the same footing. The Department of AYUSH may be permitted to take up selection in accordance with notification for the posts of Senior Medical Officer (Naturopathy) and Junior Medical Officer (Naturopathy) in Gandhi Naturopathic Medical College & Nature Cure Hospital and Senior Medical Officer / Senior Lecturer (Yoga) (2 posts) and Lecturer in Yoga (2 Posts) in Vemana Yoga Research Institute, Hyderabad by considering all applicants. The W.P. filed by the applicant is liable for dismissal and this Hon’ble Court may be pleased to dismiss the said W.P. and pass such other order or orders as may be deemed fit in the interest of justice.” In the light of the above pleadings of the respective parties, we have heard the learned counsel appearing for the parties in support of their respective case. It is evident from the impugned order of the Tribunal and we had also recorded our prima facie satisfaction that respondents 4 to 8 before the Tribunal were not qualified to hold the said posts to which they were appointed. Learned counsel for the petitioners are unable to satisfy us that the petitioners possess the requisite qualification as per notification and as such their appointments were rightly set aside by the Tribunal. We are therefore of the view that the order of the Tribunal setting aside their appointments does not warrant any interference and the prima facie satisfaction recorded by us while giving the directions earlier on 24.9.2009 stand confirmed. Therefore, we reiterate para 11 of the impugned order of the Tribunal whereunder while setting aside the appointment of the writ petitioners, a direction was given to the official respondents to consider the candidature of the applicant in the O.A. along with other candidates who are eligible and qualified to hold the said posts possessing requisite degrees and research experience and the necessary selections shall be completed out of the candidates who are already in the selection process applied pursuant to the notification No.1661/APYP/2005, dated 4.11.2006. As per para 12 of the counter affidavit filed by the Government extracted above, two posts notified under the aforesaid notification are said to be vacant. Therefore, we direct the official respondents to consider the case of the petitioners herein with respect to the filling up said vacant posts on merits for which they claim that they hold requisite qualifications. The impugned order of the Tribunal is therefore confirmed subject to the above modification. The official respondents shall complete the said exercise expeditiously, in any case within a period of three months from today. The writ petitions are accordingly disposed of. No order as to costs. _________________ V.ESWARAIAH, J. _________________________ VILAS V. AFZULPURKAR, J. 28.1.2010 kpr