MOCHERLA MAHESH v. The State Of AP

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 topleased to issue a writ in the nature 2 of a writ of mandamus or any other appropriate writ, direction, order or orders declaring the action of respondent NO.3 herein passed the proceedings vide Lr. Rc. No. EC3/2121/Engineering Assistant/2019 dated 09.08.2023 stating that I am not eligible for post of Engineering Assistant (Grade-II) on the ground that the criminal case in CC NO.599/2017 on the file of the Addl. Judicial Magistrate of First Class, Gudur and in the said case I was acquitted by judgment dt.09-03-2023, despite the appointment orders were given to others on 04-12-2019 though I was selected on par with others and ranked par with other candidates selected issued orders on 04.12.2019, without consider representations dt.28-06-2023, 17-07-2023, 14-08-2023 and 21- 10-2023 as wholly arbitrary, illegal and without jurisdiction and void and violated the principles of natural justice and affected my rights guaranteed under article 14 and 16 of the Constitution of India and consequently direct the respondents 2 to 4 herein to give appointment orders for the post of Assistant Engineer, Grade II with consequential benefits on par with others by consider the representations already submitted on 28- 06-2023, 17-07-2023, 24-07-2023 and 21-10-2023 and proper in the circumstances of this case. IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents 2 to 4 herein to give appointment orders for the post of Assistant Engineer Grade II with consequential benefits on par with others by consider the petitioner representations dt.28-06- 2023, 17-07-2023, 24-07-2023 and 21:-10-2023 pending disposal of the writ petition and pass Counsel for the Petitioner:

#1. V ESWARAIAH CHOWDARY Counsel for the Respondent(S): 3

#1. GP FOR SERVICES IV

#2. GP for Village and Ward Secretariats The Court made the following: 4 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.28825 of 2023 O R DE R: This writ petition filed questioning the action of Respondent No.3 issuing proceedings Lr.Rc.No.EC3/2121/Engineering Assistant/2019

09.08.2023 stating that the Petitioner is not eligible for the post of Engineering Assistant(Grade - II) as illegal and arbitrary.

#2. The Respondent No.2 issued Notification No.01/2019 dated

26.07.2019 inviting applications from eligible candidates against tentative vacancies of 11,158 posts, for the recruitment in Village Secretariat to the post of Engineering Assistant (Grade - II).

#3. The Petitioner having requisite qualification had applied for the said post and declared qualified in the written examination conducted on 07.09.2019 and secured 1013 rank. Thereafter, the Petitioner was shortlisted for the post of Engineering Assistant in the office of Commissioner, Panchayat Raj and Rural Development, PR & RD Department and Respondent No.4 issued call letter for certificate verification on 24.09.2019. 5

#4. The Petitioner had attended the certificate verification process on 27.09.2019 at V.R College, Nellore and submitted his original certificates including social status certificate of Scheduled Caste. In the antecedents form, the Petitioner mentioned about a charge sheet filed under Section 324 read with 34 IPC registered in Cr.No.208 of 2017 at Chillakur Police Station, Nellore among other details. After verification of certificates, the candidature of the Petitioner was rejected vide impugned proceedings dated

09.08.2023 vide Lr.Rc.No.EC3/2121/Engineering Assistant/2019 by referring to Rule 12 of the A.P. State Subordinate Rules, 1996.

#5. Subsequently, the Charge Sheet was taken cognizance by the Additional Judicial Magistrate of I Class, Gudur and the same was numbered as CC. No. 599 of 2017. After thorough trial, the Court had acquitted the Petitioner along with others. Thereafter, the Petitioner made representations reconsider his appointment in the light of the acquittal in the Criminal Case. As the representations of the Petitioner are not considered, this writ petition is filed.

#6. Respondent No.3 filed counter affidavit stating that legal opinion was sought in view of the Criminal Case declared by the 6 Petitioner in the antecedents form and basing on the legal opinion, the Collector and District Magistrate, SPSR Nellore District had approved the note that the Petitioner is not eligible for appointment to the post of Engineering Assistant (Grade - II).

#7. Heard Sri V. Eswaraiah Chowdary, learned counsel for the Petitioner and learned Government Pleader for Services IV for Respondents.

#8. Learned counsel for the Petitioner submits that in the light of acquittal in the Criminal Case, the candidature of the Petitioner can be considered for appointment as there are substantial vacancies to the post of Engineering Assistant (Grade - II).

#9. Sri Bala Krishna, learned Assistant Government Pleader for Respondent No.3 submits that the rejection of the candidature of the Petitioner for appointment cannot be faulted as there is a criminal case registered against him and it would not be appropriate for the Respondent-Department to appoint a person who faced trial in a criminal case.

#10. Heard Sri V.Eswaraiah Chowdary, learned counsel for the Petitioner and learned Government Pleader for Services IV. 7

#11. The criminal Court, after thorough trial, had acquitted the Petitioner along with three others. The relevant portion of the Judgment is extracted below:- 8In the result, Accused/A-1 to A-4 are found not guilty for the charged offence punishable under Section 324 r/w 34 IPC and they are acquitted under Section 248 (1) Cr.P.C. The bail bonds of A-1 to A-4 shall stand cancelled after a lapse of six months as per Section 437-A Cr.P.C. The unmarked property if any shall be destroyed after expiry of appeal time9.

#12. In the light of the acquittal and as the Petitioner had secured a rank of 1013, the Petitioner being meritorious candidate ought to have given an opportunity by Respondent- Authorities for appointment to the post of Engineering Assistant (Grade - II).

#12. case law

#13. The writ petition is disposed of directing the Respondents to examine the representation of the Petitioner, taking into consideration the Judgment of acquittal, for appointment to the Post of Engineering Assistant (Grade - II) within a period of eight 8 (08) weeks from the date of receipt of a copy of this order. No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 25.11.2025 KLP