WP/36438/2025 of A RAJESH KUMAR REDDY Vs THE STATE OF AP on 1 April 2026

1. DR. A. RAJESH KUMAR REDDY, S/O RAMACHANDRA REDDY, AGED 47 YEARS, OCC ASSOCIATE PROFESSOR, GOVT.MEDICAL COLLEGE, KADAPA, R/O HIG 34, STM TOWNSHIP, OPP.RIMS CAMPUS PUTLAMPALLI, YSR KADAPA DISTRICT.

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY TO GOVT, OF AP, MEDICAL, HEALTH AND FAMILY WELFARE DEPARTMENT,

SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

2. THE DIRECTOR OF MEDICAL EDUCATION, ANDHRA PRADESH, VIJAYAWADA.

3. DR N SWAPNA PRIYA REDDY, D/O NOT KNOWN TO THE PETITIONER. AGE NOT KNOWN TO THE PETITIONER, HOD AND PROFESSOR, DEPT, OF DENTISTRY/ DENTAL SURGERY, SRI VENKATESWARA MEDICAL COLLEGE, ALIPIRI ROAD, TIRUPATI.

4. DR VARA PRASAD, D/O NOT KNOWN TO THE PETITIONER. AGE NOT KNOWN TO THE PETITIONER, HOD AND PROFESSOR, DEPT, OF DENTISTRY/ DENTAL SURGERY, GOVT. MEDICAL COLLEGE AND HOSPITAL, SANTHI NAGAR COLONY, BALAGA, SRIKAKULAM.

5. DR RUPA, D/O NOT KNOWN TO THE PETITIONER. AGE NOT KNOWN TO THE PETITIONER. ASSOCIATE PROFESSOR, DEPT, OF DENTISTRY/ DENTAL SURGERY GOVT. MEDICAL COLLEGE AND HOSPITAL, SANTHI NAGAR COLONY, BALAGA, SRIKAKULAM.

6. DR PRASHANTH, S/O NOT KNOWN TO THE PETITIONER. AGE NOT KNOWN TO THE PETITIONER. NODAL OFFICER FOR NATIONAL

ORAL HEALTH PROGRAM, APIIC BUILDING, 6TH FLOOR, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH.

7. DR TRIVENI, D/O NOT KNOWN TO THE PETITIONER. AGE NOT KNOWN TO THE PETITIONER, OCC HOD AND PROFESSOR, DEPT, OF DENTISTRY, ANDHRA MEDICAL COLLEGE AND HOSPITAL, MEDICAL COLLEGE ROAD, KING GEORGE HOSPITAL, OPPOSITE COLLECTOR OFFICE, MAHARANIPETA, VISHAKAPATNAM-530002, ANDHRAPRADESH.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly in the nature of writ of mandamus declaring the action of the 2nd Respondent in promoting the petitioner as Associate Professor of Dentistry for the panel year 2021-2022 with effect from 08-05-2022 vide Proceedings RC.No.2360807/E1-AB/2024, dt.23-07-2024, instead of promoting him to the post of Professor in Government Medical College, Kadapa notionally is arbitrary, illegal, colourable exercise of power, and in violation of Article 14 and 16 of Constitution of India and the rules issued in GOMS.No.415, dt.18-08-1994 and to issue a consequential direction directing the 2nd Respondent to consider the case of the petitioner for promotion to the post of Professor notionally with effect from 15-10-2020 with all consequential benefits and to pass in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd Respondent to consider the case of petitioner for promotion to the post of Professor in Dental Surgery Govt. Medical College, Kadapa in the existing vacancy by considering the representations, dt.27-05-2024 and 06-08- 2024 and to pass in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to grant leave to the Respondents to file Counter Affidavit and to pass Counsel for the Petitioner:

1. A RAJENDRA BABU Counsel for the Respondent(S):

1. GP FOR SERVICES IV WRIT PETITION NO: 36438/2025 Between:

1. A RAJESH KUMAR REDDY, S/O RAMACHANDRA REDDY, AGED ABOUT 48 YEARS, OCC ASSOCIATE PROFESSOR, DEPARTMENT OF DENTISTRY, GOVT.MEDICAL COLLEGE, ANANTHAPURAM - 515001.

...PETITIONER AND

1. THE STATE OF AP, REP. BY ITS PRINCIPLE SECRETARY TO GOVT, OF AP, MEDICAL, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT -522238

2. THE DIRECTOR OF MEDICAL EDUCATION, ANDHRA PRADESH, VIJAYAWADA -520003.

3. DR B VINOD, ASSOCIATE PROFESSOR, DEPARTMENT OF DENTISTRY, ANDHRA MEDICAL COLLEGE, VISAKHAPATNAM - 530002.

4. DR RUPA, ASSOCIATE PROFESSOR, DEPT, OF DENTISTRY/ DENTAL SURGERY, GOVT. MEDICAL COLLEGE AND HOSPITAL, SANTHI NAGAR COLONY, BALAGA, SRIKAKULAM -532001.

5. DR HIMA SHILPA, ASSOCIATE PROFESSOR, DEPT, OF DENTISTRY/ DENTAL SURGERY, GOVT. MEDICAL COLLEGE AND HOSPITAL, ONGOLE - 523001.

...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pleased to issue a writ, order, or direction more particularly in the nature of Writ of Mandamus declaring the final seniority list by rejecting the objections raised by the petitioner vide the proceedings RC,No.2963737/E1- AB/2025, dt.19-12-2025 and communicating the rectified final eligible list of Associate Professors for promotion to the post of Professors for the panel year 2025-2026 by showing the petitioner has not submitted the certificates of BCBR and the journal publications submitted before joining as Associate Professors vide the proceedings RC.NO.2963737/E1.AB/2025, dt.26-12-2025 is arbitrary, illegal and colourable exercise of power and in violation of Article 14, 16 and 21 of the Constitution of India and to set aside the same and to issue a consequential direction to the Respondents No.1 and 2 that the petitioner is senior to the Respondents No.3 to 5 and he is eligible to be considered for promotion to the post of Professor with ail consequential benefits and to pass in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents No.1 & 2 to consider the case of the petitioner for promotion to the post of Professor for the panel year 2025-2026 by including his name in the rectified final eligibility list of Associate Professors to be considered for promotion to the post of Professor by suspending the remarks shown in the proceedings RC.No.2963737/E1.AB/2025, dt.26-12-2025 issued by the 2nd Respondent and to pass Counsel for the Petitioner:

1. A RAJENDRA BABU Counsel for the Respondent(S):

1. GP FOR SERVICES I The Court made the following:

COMMON ORDER:

W.P.No. 19998 of 2024: The writ petition is filed seeking the following relief: “….to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd Respondent in promoting the petitioner as Associate Professor of Dentistry for the panel year 2021-2022 with effect from 08-05-2022 vide Proceedings RC.No.2360807/E1-AB/2024, dt.23-07-2024, instead of promoting him to the post of Professor in Government Medical College, Kadapa notionally is arbitrary, illegal, colourable exercise of power, and in violation of Article 14 and 16 of Constitution of India and the rules issued in GOMS.No.415, dt.18- 08-1994 and to issue a consequential direction directing the 2nd Respondent to consider the case of the petitioner for promotion to the post of Professor notionally with effect from 15-10-2020 with all consequential benefits and to pass….” W.P.No.36438 of 2025: The writ petition is filed seeking the following relief: “…..to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the final seniority list by rejecting the objections raised by the petitioner vide the proceedings RC No.2963737/E1-AB/2025, dt.19-12-2025 and communicating the rectified final eligible list of Associate Professors for promotion to the post of Professors for the panel year 2025-2026 by showing the petitioner has not submitted the certificates of BCBR and the journal publications submitted before joining as Associate Professors vide the proceedings RC.NO.2963737/E1.AB/2025, dt.26-12-2025 is arbitrary, illegal and colourable exercise of power and in violation of Article 14, 16 and 21 of the Constitution of India and to set aside the same and to issue a consequential direction to the Respondents No.1 and 2 that the petitioner is senior to the Respondents No.3 to 5 and he is eligible to be considered for promotion to the post of Professor with ail consequential benefits and to pass…..

Heard Mr. A.Rajendra Babu, learned counsel for the petitioner and learned Government Pleader for official respondents in both the Writ Petitions.

The issue involved in both the Writ Petitions is one and the same and hence both the Writ Petitions are being disposed of with a common order.

2. Writ Petition No.19998 of 2024 is filed assailing the proceedings of respondent no.2 dated 23.7.2024 wherein they have promoted the petitioner as Associate Professor of Dentistry from the post of Assistant Professor of Dentistry.

3. Originally the petitioner was appointed in the year 2008 as Assistant Professor and further he worked as Assistant Professor in 2010 in the Government Dental College, Kadapa and further he was appointed as Assistant Professor of Orthodontics on contract basis at Rajiv Gandhi Institute of Medical Sciences (RIMS), Kadapa. Subsequently in the year 2011 based on the notification issued by RIMS, the petitioner has participated and selected as Associate professor of Dentistry in the year 2011 and continued in the said post. While the things stood thus, the Andhra Pradesh Vaidya Vidhana Parishad, Vijayawada has issued notification no.1 of 2014 on 20.7.2014 for filling up of 28 vacancies of Dental Assistant Surgeon and the petitioner has participated in the said selection process. Ultimately after certain litigation, he was appointed as Dental Assistant Surgeon vide orders dated 14.8.2008 and later on he was transferred to Government General Hospital, Kadapa by proceedings dated 27.8.2018. Subsequently, the petitioner has made an application/representation on 04.12.2019 for notional appointment as the petitioner is entitled for appointment w.e.f.29.11.2014. When the respondents have not considered the said representation and subsequent representations, left with no option, the petitioner has approached this Court by filing W.P.No.37391 of 2022 and the same was disposed of directing the respondents to consider and pass appropriate orders and accordingly by order dated 07.02.2024 have revised the seniority on par with others and prepared the final seniority list dated 15.5.2024 of Assistant Professor in the speciality of Dental Surgery.

4. As the petitioner was appointed initially as Assistant Surgeon and accordingly his services are governed by Andhra Pradesh Medical Education and Health (Dental) Service Rules (for short the Rules) vide G.O.Ms.No.415 dated 18.8.1994 and the same was not in dispute. In fact the persons those who are appointed in the said notification, their cases were considered and affected promotions to the post of Professors which is included in category-3 of the Rules. The method of appointment to the said post was promotion from category-IV i.e. Deputy Dental Surgeon

(teaching) i.e. Assistant Professor. Based on the said Rules all the Assistant Professors/Deputy Dental Surgeon who are appointed in the notification 1/2014 were promoted to the post of Professors.

5. But the case of the petitioner was considered based on the revised seniority and affected the promotion to the post of Associate Professor of Dentistry by following the rules of Medical Education and Health (Dental) Service issued in G.O.Ms.No.154 dated 04.5.2002.

6. Learned counsel for the petitioner has vehemently argued that the said rules are not at all applicable to the petitioner. The petitioner’s service is governed by the A.P.Medical Education and Health (Dental) Service Rules wherein the post of Professor was included in category no.3 by way of promotion from category-IV. Considering the said rules and to effect promotion to the post of Professor, for the reasons best known to the official respondents, they have affected the promotion to the post of Associate Professor which is contrary to rules and records.

7. Reply to the said contentions, learned Government Pleader appearing on behalf of the respondents have mainly placed his submissions that the A.P.Medical Education and Health (Dental) Service Rules were amended vide G.O.Ms.No.;483 dated 09.9.2005. By virtue of the said amendment, the Associate Professor (Dental) was included. Accordingly, the petitioner is entitled for promotion to the post of

Associate Professor from the post of Assistant Professor or Deputy Dental Surgeon. Accordingly, the respondents have rightly considered the case of the petitioner as per G.O.Ms.No.154 i.e. A.P. Medical Education and Health (Dental) Service Rules.

8. A perusal of the averments made in the counter and also both the rules, no doubt, the petitioner is governed by the Special Rules issued in A.P.Medical Education and Health (Dental) Service Rules vide G.O.Ms.No.415 dated 18.8.1994 and as per the above said rules, the petitioner is entitled for promotion to the post of Professor as was done earlier. But surprisingly on perusal of the impugned orders, the respondents have relied on and referred the rules of A.P.Medical Education and Health (Dental) Service Rules and effected the promotion as Associate Professor. Considering the submissions and perusal of the above said Rules, as the petitioner was appointed and regulated by the service Rules which was issued in A.P.Medical Education and Health (Dental) Service Rules which was issued in A.P.Medical Education and Health (Dental) Service Special Rules, this Court is of the opinion that the impugned orders are contrary to the said rules. Accordingly, the impugned order dated 23.7.2024 are set aside.

9. While pending the said Writ Petition, the respondents have considered the objections filed by the petitioner to the seniority list and the same were considered and rejected vide final seniority list dated 19.12.2025. Assailing the same, W.P.No.36438 of 2025 is filed. In the said seniority list, though the petitioner is eligible and entitled, but his case has not been considered on the ground that the petitioner has not submitted BCBR certificate and the objections are not before joining as Associate Professor. In fact, the respondents have considered the case of the petitioner as per the interim orders granted in the said Writ Petition and rejected vide order dated 16.12.2024 with the following observations: Further, it is informed that as per latest NMC Norms and G.O.Ms.No.222, HM&FW (A1) Dept., dated 15.12.2023, the Associate Professor of Dentistry must have 3 years of teaching experience as Associate Professor, 4 research publications (two as Associate Professor), Basic Course in Biomedical Research certificate, Basic course in Medical Education Technology certificate. But in the present case, Dr.A.Rajesh Kumar Reddy, Associate Professor of Dentistry has not completed 3 years of teaching experience as Associate Professor of Dentistry and also there are 3 seniors in the cadre of Associate Professor of Dentistry who have to be promoted as Professors of Dentistry. Hence, the request of faculty for promotion to the post of Professor of Dentistry is not feasible due to the above reasons.

10. Reply to the said rejection, learned counsel has submitted that, in fact as per the National Medical Commission Draft Teachers Eligibility and Minimum Qualifications in Medical Institutions Regulations-2021, the petitioner has fulfilled all conditions. The respondents have also admitted about that the objections of the petitioner and it is also not in dispute that the petitioner initially appointed in RIMS and worked as Assistant

Professor from 2021-25 and in that particular period he has also published two publications. Hence he is eligible. Further as far as the objections with regard to submission of BCBR certificate is concerned, the said certificate was already placed before the respondents and it is also recorded in the service record. Once it is recorded in the service record, it is for the authorities to consider the same. Hence the two objections raised in the rejection order is contrary to record.

11. Considering the above submissions, W.P.No.36438 of 2025 is disposed of with a direction to the petitioner to place all the relevant publications which suffice the condition imposed in National Medical Commission Draft Teachers Eligibility and Minimum Qualifications in Medical Institutions Regulations, 2021 within a period of two (02) weeks from today along with the representation and if any such representation and material is placed before the respondents, the same may be considered in terms of the above regulations and pass appropriate orders within a period of four (04) weeks thereafter. If the petitioner is satisfies the conditions imposed in the regulation, the respondents may consider the case of the petitioner for promotion to the post of Professor in terms of Rules prescribed in Medical Education and Health (Dental) Service Special Rules issued in G.O.Ms.No.415 dated 18.8.1994.

12. Accordingly, both the Writ Petitions are disposed of. No costs.

As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH

Date: 02.4.2026 RD

THE HONOURABLE SRI JUSTICE D.RAMESH

WRIT PETITION Nos. 19998 of 2024 and 36438 of 2025 Dated: 02.4.2026 RD