WP/28448/2009 of A.Sanjay Reddy Vs Government of Andhra Pradesh,Medical Health AND Family on 31 December 2009

ORDER:

The petitioner, who claims to have been working as aPharmacist in a Non-Governmental Organization for the past 10 years,filed this writ petition with the following prayer :

“… … …this Hon’ble Court may be pleased to issuewrit, order or direction more particularly one in the natureof Writ of Mandamus, directing the respondents toconsider the candidature for the post of Drugs Inspectorin the respondents department on par with Mr. G.A.Prasad Anil Kumar who appointed throughG.O.Ms.No.113, dated 30.01.2008 and pass such otherorder or orders as this Hon’ble Court may deem fit andproper in the circumstances of the case.”

It is claimed by the petitioner that he is fully qualified forappointment as a Drug Inspector and therefore the respondents ought tohave considered his candidature for appointment in the 2[nd] respondentDepartment as a Drug Inspector. It is to be noticed that the request of thepetitioner has already been considered by the 1[st] respondent and byletter dated 19.10.2009 informed the petitioner that his request could notbe considered as the recruitments are to be made as perG.O.Ms.No.339, Health, Medical & Family Welfare (L-2) Department,dated 28.8.1996.

In the circumstances, if aggrieved, the petitioner ought to havechallenged the said order passed by the 1[st] respondent by working outthe appropriate remedy as available under law and the Mandamus asprayed for cannot be issued at this stage.

Accordingly, granting leave and liberty to the petitioner, the WritPetition is dismissed. No costs.

Dt. 31.12.2009 Ivd

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G. ROHINI,J.