The High Court · 2025

Petition under Article 226 of the Constitution of lndia 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 one in the nature of Writ of MANDAMUS to declare the action of the respondents in not considering the claim of the petitioner for promotion to the post of Secretary Gr-l duly making necessary entries in the service register with regard to passing of B.A (Bachelor of Arts) from Kuvempu University, Shimoga, Karnataka State is illegal, arbitrary, and unconstitutional with a consequential direction to the respondents to consider the claim of the petitioner for promotion to the post of Secretary Gr-l along with others duly making necessary entries in the service register/ seniority list of secretary Grade-ll with regard to passing of B.A (Bachelor of Arts) from Kuvempu University. shimoga, Karnataka state with all consequential benefits and pass such other order or orders as this Honble court may deem fit and proper in the circumstance of the case. IA NO: 10F 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents to consider the craim of the petrtioner for promotion to the post of secretary Gr-r arong with others dury making necessary entries in the service register/ seniority rist of secretary Grade-, with regard to passing of B.A (Bachelor of Arts), Kuvempu University, shimoga, Karnataka state forthwith by disposing of his representation dated 0g.02.2023. Counsel for the petitioner: SRI NAYAKAWADI RAMESH Counsel for the Respondent No.1 & 2: AGp FOR AcRICULTURE Counsel for the Respondent No.3: SRI T.CHANDRA SEKHAR RAO, SC FOR AMC The Court made the following: OROen j T .al I'i c t * t * t * , , t I I f t HON,BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITIO No. 4 a2 F20 ORDER: Heard Sri Nayakawadi Ramesh, learned counse! appearing on behalf of the petitioner, Assistant Government Pleader for Agriculture appearing on behalf of the respondent Nos.l and 2 and Sri T'Chandra Sekhar Rao' learned Standing Counsel for Agricultural Marketing Committee appearing on behalf of the respondent No'3'

2. Th Deti tion er ADD ached this Cou rt seekinq the praver as under: .to issue a writ, order or direction more particularly one in the nature of Writ of MANDAMUS to declare the action of the respondents in not considering the claim of the petitioner for promotion to the post of Secretary Gr-I duly making necessary entries in the service register with regard to passing of B.A (Bachelor of Arts) from Kuvempu University' Shimoga, Karnataka State is illegal, arbitrary, and unconstitutional with a consequential direction to the respondents to consider the claim of the petitioner for promotion to the post of Secretary Gr-I along with others duly making necessary entries in the service register/ seniority list of Secretary Grade-II with regard to passing of B.A (Bachelor of Arts) from Kuvempu 2 SN,J W.P.No.14082 202 3 University. Shimoga, consequential benefits orders as this Honble Court may deem fit and proper in the circumstance of the case. " Karnataka State with and pass such other order

3. The case of the petitioner, in brief, is that the petitioner was appointed as lunior Market Supervisor on compassionate grounds on 06.07.1999 and was later promoted to various posts. The petitioner is currently serving as Secretary Grade-II at the Agricultural Market Committee, Bhongir, since 07.09.2019. While in service, the petitionei acquired a B.A. Degree through Distance Education from Kuvempu University, Karnataka, in

2008. The petitioner submitted the said qualification to the authorities on 13.08.2010, requesting that the same be updated in his service register and seniority list. Despite submitting several representations dated 10.10.2016, 04.ll.2016,

22.70.2020, 15.09.2022, and 09.02.2023 to respondent No.2, and despite UGC recognition of the said university, the qualification was not updated, and the petitioner was denied promotion to Secretary Grade-I and the subject issue had been pending consideration before the respondents since 2016. Aggrieved by the inaction, the petitioner filed the present writ petition. 3 SN,J W.P.No.14082 2023

4. Learned Assistant Government Pleader for Services-III, appearing on behalf of respondent No.1 and 2 and the learned Standing Counsel for the Agricultural Marketing Committee, appearing on behalf of respondent No.3, opposed the relief sought by the petitioner contending that the petitioner is not entitled for grant of the relief on the ground that, as per the rules, no student shall be eligible for the award of a first degree unless he has successfully completed a three-year degree course. In the present case, the petitioner admittedly did not pursue a three-year degree course, and therefore, he is not entitled to the relief claimed in the writ petition. 5 Learned counsel aooearino on behalf of the oetitioner submits that the writ Detition mav be disoosed d?j t N .2 to cons iAat +lia r re resen

09.o2.2 3 accordance to law, within a reasonable Deriod. 6 Learned counsel aooearinq on behalf of the resDondents d oes not disoute the said su missaon made bv the learned counsel a oearino on behalf of the petitioner.

7. TAKING INTO CONSI DERATION: 4 SN,J W.P.No.14082 2023 A) The aforesaid facts and circumstances of the case, '! b) The submissions made by the learned counsel appearing on behatf of the petitioner and the learned Assistant Government pteader for Agriculture appearing on beharf of the respondent Nos.l and 2 and the tearned Standing Counsel for Agricuttural Marketing Committee appearing on behalf of the respondent No.3, c) The contents of the representations submitted by the petitioner dated 1O.1O.2O16, 04.Lt.2OL6, 22.lO.ZOZO, 15.O9.2022, and 09.02.2023 and, d) The fact that the petitioner,s representation dated 09.O2.2O23 had been acknowledged by respondent No.2, but however, it had not been considered on merits as on date, The writ petition is disposed of directing the respondent No.2 to consider the grievance of the petitioner, as put forth vide petitioner,s representation dated O9.O2.2O23, addressed to the 2nd respondent pertaining to the request of the petitioner to consider the certificates of the petitioner and to enter petitioner,s 5 5N,J w.P.No.14082 2023 degree in the provisiona! senioraty list of Secretary Grade II for petitioner's further departmental promotions and service by duly examining the said subject issue and the relevant documents in support of petitioner's case and pass appropriate orders in accordance to law on petitioner's representation dated 09.O2.2O23, within a period of four (4) weeks from the date of receipt of a copy of this order, and to duly communicate the decision to the petitioner. However, there shall be no order as to costs. Miscellaneous applications, if any, pending shall stand closed. SD'-A. SRINI VASA REDDY SI TANT REGISTRAR //TRUE COPY" ECTION OFFICER To, partment, Secretariat 1 The PrinciP al Secretary' Agriculture Marketing Buildings, HYderabad, State of Telangana 2. The Director of Ag ricultural tr/larketing' Government of Telangana' Hyderabad 3. The Secretary, Agricultural Marketing Committee (AMC)' Bhongir' Yadadri 4. One CC to SRI NAYAKAWADI RAMESH' Advocate [OPUCI 5. One CC to -SRl T'CHANDRA SEKHAR RAO, SC FOR AMC IOPUC] 6. Two CCs to GP FOR AGRICULTURE, High Court for the State of Telangana Bhuvanagiri Distric t at HYderabad [OUT]

7. Two CD CoPies BSR BS , t r rI U * l| 3 * HIGH COURT DATED:2 Gt0612025 Y CC TODAY oRDER WP.No.14082 of 2023 ( ogTHE S 0 1 rLrS 2025 x' rcrir;0 o o * DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 5 s n I *t * * f * h T s a q I t F