The High Court · 2025

Judgment

2. The State of Telangana, Rep., by its Principal Secretary, Health, Medical and Family Welfare Department, Seiretariat, Saifabad. Hvderabad The Director of Medical Education, Government of T<ilangana, Koti. Hyderabad The Principal, Government Medical College, Sanga Reddy, Sanga Reddy District Petition under Articte 226 of the Constitution of tndia orrri,lnti[3i"',fll3 circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus declaring G.o.Rt.No,29B Health, Medical and Family welfare (A) Department dt.7 .7 .202s, whereby the petitioner was promoted as Superintendent, Government General Hospital, Wanaparthy, and further declaring the action of the Respondents in (i) compelling the petitioner to accept the said promotion, and (ii) taking steps to relieve the petitioner from the post of Professor of ENT at Government Medical College, Sanga Reddy, despite the Petitioner's unwillingness to accept the promotion due to severe health reasons and his keen interest in teaching rather than administrative responsibilities, as illegal, arbitrary, unjust, unreasonable, without jurisdiction, violative of the principles of natural justice, and infringing Articles 14 and 21 of the constitution of lndia, and consequently set aside G.o.Rt.No.29B , dated 07.07.2025, to the extent it pertains to the Petitioner lA NO: 1 OF 2025 Petition under Section 15'1 cpc praying that in the r;i-cumstances stated in the affidavit filed in support of the petition, the High cou 1 may be pleased to suspend G.O.Rt.No 298 Health, Medical and Family We fare (A) Department dt.7.7 2025 to the extent it pertains to the .petitioner, while directing the Respondents to retain and continue the Petitioner in the por t of professor of ENT in Government lr/ledical college, Sanga Reddy, pending c isposal of the above Writ Petition lA NO: 2 OF 2025 Between:

1. The State of Telangana, Rep., by its principal Secretary Heatth, I\,4edicat and ^ IlrLLy Welfare Pepartment, Secretariat, Saifabad, Hyderabad 2. fhe Director of lVledical Education, Government of T6largana, Koti, 3. The Principal, (lovernment Medical College, Sanga Red iy, Sanga Reddy Hyderabad District AND ..,PETIT ONERS/RESPONDENTS Dr A.Shoban Babu, S/o.Dr.A.Krishna Chary, Age. 60 yerirrs, Occ. professor of ENT in Governrnent Medical College, Sang-a R6ddy, Sarga Reddy District ...RES PONDENT/PETITIONER

Petition under section 151 cpc praying that in the cirr umstances stated in the affidavit filed in support of the petition, the High court may be pleased to vacate the interim order dt.11-07-2025 in W.p.No.20037 of 2C25. Counsel for the Petitioners: SRI L. RAVI CHANDER, SENIOF| COUNSEL FOR SRI SRINIVAS BOBBILI Counsel for Respondents: GP FOR SERVICES I The Court made the following: ORDER THE HON'BLE SRI JUSTICE PULLA KARTHIK ORDER: WRTT PETITION NO.2O o37 0F 2025 Heard Sri t,.Ravi Chander, learned senior counsel, representing Sri Bobbili Srinivas, learned counsel for the petitioners, anci learned Government pleader for Services-I for respondents. This Court dealt with similar issue in W.p.No.20489 of 2O2S and a,llowed the said rvrit petition vide order dated 26.O9.2025. In view of the above and for the r.easons alike in the order dated 26.09.2025 in W.p. No.20489 of 2025, the present Writ Petition is also liablc to be allowed. Accordingly, the Writ petition is allowed and the impugned G.O.Rt.No.298, dated OT.O7.2O2S, is hereby set aside in respect of the petitioner alone. Miscellaneous petitions pending, if any, shall stand closed. No costs. //TRUE COPY// s /.P. PONNA KRISHNA ISTANT REGISTRAR I SECTION OFFICER "i laeoicat eouciiion, Government of Telangana' Koti' The Princioal Secretary, Health, Medical and Family welfare Department' State of Ti:langana Secretariat, Saifabad, HyderaDao ir,?-oii"tt"i Hvderabad ril!?fi;;ilrr, Government Medical College, Sanga Reddv' Sanga Reddv District 3 + One CC to Sri Srinivas Bobbili Advocate [OPUC] . 5. Two CCs to Gp ro, seii""Js'i ,fiin cbr''it". th'e State of Telangana. [oUT] 6. Two CD Copies " iAi;"";;tti-ilopy or order dated 26'os'2025 in w'P'No'2048e of 2025) To, 1 2 MBC BS \ -- ,r - HIGH COURT DATED: 2610912025 1 0 tti '[?' '.''.. ":' )' ORDER WP.No.20037 of 2025 DISPOSING OF THE WRIT PETITION WITI-IOUT COSTS THE HON'BLE SRI JUSTICE PULLA I(ARTHIK WRIT PDTITroN No.20489 0F 2025 ORDER: Heard Sri L.Ravi Chander, Iearned senior counsel, representing Sri Bobbili Srinivas, Iearned counsel for the petitioners, and learned Government Pleader for Services-I for re spondents 2\ The case of the petitioner is that he is presently working as senior-most Professor of Cardiolory at Osmania Medical College i.e. respondent No.3 College and serving as Head of the Department of CardioloS'. Further, he has successfully completed DM (Cardiologr) and chose to serve in the Government sector' Further, as a Super Specialist in Cardiologr, he treated thousands of heart patients who could not afford private healthcare. Further. during Covid-19 pandemic also, he rendered dedicated service and successfully treated numerous Covid-19 patients. While so, during general transfers-2O24, the petitioner requested the respondents to transfer him to Warangal. However, as his services are very much essential in respondent No.3 hospital as he is the senior-most Doctor in the Super Specialty of Cardiolory for PG Teaching and -::- 2 PK, J \\'p 2O4a9 2025 patient care, the respondents have retained hi n in respondent ry6.3 Hospital. It is further averred that by shor,,ing the name of .1 the petitioner, respondents made the National I\l'r.lical Council to 2116f cardiolo5/ seats. While so, respondent No. I iraving decided to effect promotions on a temporary basis to the pc sts of Additional Director of Medical Education including Princip a I of a Medical College and Superintendent of a Teaching Gene r al Hospital, has directed all thr: eligible Professors, including tlrc petitioner, to submit Annual Confidential Reports (ACR) of the :andidates to be promoted. As the petitioner is keenly interested ir-r teaching and also due to his mother's health condition, u,hich requires continuous medication and regular follow-up and z lso due to other personal and family reasons, he submitted an ortton form dated

28.06.2025 requesting the respondents to consic er his case for promotion to the post of Principal in any one of he five medical colleges at Sanga Reddy. Quthbullapur, Vikarabacl Hanumakonda and Nalgonda. However, without considering the said options, the respondents, ur der the guise of promotion, have transferred the petitioner to a non-teaching post i.e. Sup --rintendent of Government General Hospital, Nizamabad, vide rnpugned G.O. wtu/ PK, J wp 20489-2025 dated 07 .O7 .2O25. But, as the petitioner is not in a position to discharge the administrative responsibilities and also lack of interest in administrative work, he submitted a representation dated 09.07.2025 requesting the respondents to permit him to forego the promotion, retain and continue him in the post of Professor of Cardiologr and HOD (Cardiologr), Osmania Medical College, Hyderabad. However, without considering his representation, the respondents are compelling the petitioner to accept the promotion, taking steps to relieve him from the post of Professor of Cardiologz and HOD (Cardiolory), Osmania Medical College, Hyderabad, and also to frll up the said post with another person. Therefore, the action of the respondents is highly illegal, arbitrary, unjust, unreasonable, without jurisdiction, violative of principles of natural justice and infringement of Articles 14 and 2 i of the Constitution of India and also contrary to Rule 1 1 of the State and Subordinate Service Rules' 3) Learned senior counsel has contended that as per Rule 11 of the State and Subordinate Service Rules, all the candidates who are promoted are entitled to forego their promotion and nobody can insist the petitioner to join in the promotion post An option was 4 PK, J \\'p 2O4a9 2025 Ieft open to the employee to forego promotior sr-rbject to the condition that they would forfeit their promotior L for the current panel year. Srnce the petitioner has agreed to f rrego promotion, 1[e respondents are duty bound to continue t he petitioner as Professor of Cardiolory and HOD (Cardiolory), ()smania Medical College, Hyderabad. However, contrary to Rule 1 1 of the State and Subordinate St:rvice Rules as well as contrary to the terms of G.O.Rt.No.298, dated 07.O7.2025, the respondents :rre taking steps to relieve the petitioner from the said post and fill it with another person. This ac:tion is highly illegal, arbitrary and unjust. Learned senior counsel further contends that under tt e guise of the impugned promotions, senior professors like th t petitioner, are being transferrr:d from crucial posts and junior ilculty members are being poste<l in their place, which is causing s;,,rious detriment to a large number of needy patients and is contrarv to the interest of postgraduate students. Learned counsel furth:r submits that though the petilioner made a representation on 09 .O7.2025 to the respondents that he will forego the promotion, rerl ,rested to retain and continue him in the present place, without considering the same, the respondents are taking steps to relieve the petitioner and ) PK, J ,wp_2O489_2O23 to Iilt the same with another person. Therefore, the Iearned senior counsel contends that the action of the respondents is illegal, arbitrary and unjust. Further, in several'cases where the doctors have opted to forego promotion, the respondents have continued such doctors in their existing posts without insisting upon their acceptance of the promotional post. Learned senior counsel has demonstrated before this Court the case of one Dr. Surya Prakash whose case was considered by the respondents duly retaining him in the same post even after his foregoing the promotion. Similarly, in 2024 promotion counseling, in respect of 1 1 Professors, who opted to forego their promotion, were retained in the same posts where they were working. However, in case of the petitioner, the respondents, for the reasons best known to them, are compelling him to accept the promotion, which action of the respondents is ex facie illegal, unconstitutional ald amounts to discrimination. Further, certain Professors, whose ACRs have not been forwarded to respondent Nos. I and 2, are being retained in their existing posts without being promoted. Thus, as per the learned senior counsel, the respondents are effecting promotions selectively and in a pick-and-choose manner under the guise of promotion. The 6 PK, J wp_20189 2O2r action of the respondents in shifting the petitioner to non-teaching \ post suflers frorn arb itra riness. 4l Per contra, the learned Government Pleade. rvhile admitting the fact that the petitioner was promoted as Profes;rror of Cardiolory in the year 2O|O-2Ol1 and working in respondent \o.3 Hospital as Professor of Cardiolory and HOD (Cardiologr) srrbmits that the Government has promoted 44 Professors as Addil onal Director of Medical Education including Principals of Medir; rl Colleges and Superintendents of Government General Hospit rL and posting orders were isslred to the promotees, including the petitioner, vide G.O.Rt.No.29B, dated 07.O7.2024, wherein i n,as clearly mentioned at para 4 that the Director of Merl i<:al Education, Telangana, Hyderabad, shall take immediate steps o communicate the said orders to the Principal of Medical Coll :ge concerned/ Superintendent of the Hospital concerned arrcl relieve the individuals immr-.diately, without seeking their consc-nt for relief by granting 15 days time to the individuals for .1 rining in their respective promoted posts. Learned Government [rleader further submits that the Government of Telangana has r;itnctioned and established 25 new Medical Colleges and the t otal sanctioned 7 PK, J wp 2O4A9 2025 strength of the post of Additional Director of Medical Education including Principal of Medical College and Superintendent of Teaching General Hospitals is 64 and working strength is 15 and for remaining 49 vacant posts, the Government has taken up the promotions of Speciar Grade professor and professors (clinical, Non-Clinical and Super Specialty) and the Departmental promotion committee had creared 44 names of special Grade professor and Professors to the post of Additional Director of Medical Education/ Principal of Medical College / Superintendent of Teaching General Hospitals, which is a State level post. Hence, the promotees can be posted to anywhere in the State keeping in view of administrative exigency. Accordingly, posting orders were issued keeping in view the administrative exigency and NMC requirements duly following the need based assessment as it may affect the recognition of the Medical Coliege in the NMC inspections and the Government Oflicers have to be ready to serve wherever required in public interest. Learned Government pleader further contends that if the doctors in the State Medical Services on promotion are posted to elsewhere in public interest to Government Medical Colleges to Administrative post and such postings are challenged for one or l \ u PK, J \\,0 2O4a9-2O23 the other reason the running of such Government I lr:dical Colleges will be in question and further, there will be serio rs observations from the NMC in continuation of its recqgnition t I such Medicai Collegesintheabsenceoffaculty,whichwillbein'otalviolationof publicinterest.LearnedGovernmentPlead.erfurthtrcontendsthat ifthecontentionofthepetitionerthattlleirnpugned G.o.Rt.No.29il, dated o7.o7'2025 is contrary to Rule 11 of the State and Sttbcrrdinate Service Rules is accept<: t ' e\,ery doctor whoever is transferred may take a similar stand' i: which event' it will be difficult for the Government to man the posts and there would be chaos since no doctor would be ready to join at their place of posting, if it is not a lucrative posting, 'vhich wouid be against the concept of welfare State and injtr; ious to public interest. Leat'ned Government Pleader has placed 'cliance on Rule 23oftheStateandSubordinateServiceRule:.andalsothe judgment of the Hon,lrle Supreme Court in Stote oJ. tJttar Pradesh u. Achal Singht and Sk. Nauso,d Rahannon a' Ilnion of Ind'iaz ' I (2018) 17 SCC 57R , 2O22 Livel-aw {SC' 26.j .*EffiI 9 PK, J wp-2O489-2O25 5) This Court has taken note of the submissions made by respective counsel and perused the material on record. 6) A perusal of the material on record reveals that while the petitioner is working as Professor of cardiologr and Head of the Department, Osmania Medical College, Hyderabad, he is promoted to the post of Additional Director of Medical Education/Principal of Medical College/ Superintendent of Teaching General Hospitals uide impugned G.O.Rt.No.29B, dated 07.O7.2025, and posted as Superintendent, Government General Hospital, Nizamabad, which is a non-teaching post. Para 5 of the said G.O., which is relevant in the present context, is reproduced hereunder: "The Professors promoted above, shall join the prbmotion post within a period of 15 days from the date o[ receipt of the orders of promotion- If, they fail to join the new post within the said time limit or evade to join the post by proceeding on leave, they shall forfeit their promotion for the current panel year in terms of Rute 11 (b) of TS State & Subordinate Services Rules, 1996". 7\ From the above, it is clear that if the promotees fail to join in the promotion post within a period of 15 days, they will forfeit their promotion for the current panel year in terms of Rule 1 1 (b) of TS l0 PK, J \\, p '204'89 _2O25 State & Suborctinate Services Rules, 1996, which provrsion of law \ reads as under " I I . The tinre limit for joining either on first selectior or on promotion or on ap[)oin tmen I b\ trans[er:- (a) (b) Tirne :o join a post on appointment/tempori iry appointment under Rul: 10 including appointment by transler c r by promotion otherwise thar by direct recruitment, shall be allowed r joining time of l5 (hfteen) da'rs to join the post from the date of rece;g t of the order of appointment sent to the candidate by Registe'ed Post with acknowledgerr: ent due or by any othcr means. An en.r rlolee u,ho does not Join the pc,st within the stipulated time or evades t. join thc post by proceedrng on leave, shall iose his promotion right/offe' for the cllrrent panel year ald the name of the candidate shall be 1; aced before the next Departmcntal Promotion Committee for consideration rn the next ycar panel subject to availability of vacancy. In case of non-selection posts, the narrre of the candidate who does notjoin witli n the stipulated time rn the promotion posts shall be considered for l )romotion agarn after a perir:d of one year from the date of offer of appc intment subject to availabilily of vacancy." 8) Para 5 of the impugned G.O.Rt.No.29B, datd 07.O7.2025, juxtapose to Rule 1 1 (b) of the Telangana State e nd Subordinate Service Rules, I 996, rr.ake it crystal clear that nc n jorning of the promotee in 1.he promoted post within 15 days tirrLe would render forfeiture of promotion by the promotee for the curr:nt panel year -r PK, J w_2O4A9 2025 9) In the case on hand, admittedly, the petitioner has expressed his willingness to forego the promotion even before joining in the promoted post, which action of the petitioner is in accordance with Para 5 of the impugned G.O.Rt.No.298, dated 07.O7.2025, as well as Rule 1 1 (b) of the Telangana State and Subordinate Service Rules, 1996, referred supra. Hence, the respondents cannot compel the petitioner to accept the promotion, as is alleged by him 10) Further, the main ground urged by the respondents is that in view of the establishment of (25) new Medical Colleges across the State, the Government has taken up the present promotion process since the non-availability of required faculty may affect the recognition of the Medical College itself in the National Medical Commission Inspections, which wiii also be in total violation of public interest. 11) If really, the purport of the present promotions is to get over the inspections of the National Medical Commission and to keep the recognition of Medical Colleges intact, the respondents ought to have postgd the petitioner 1n such newly established Medical Coileges AS faculty/ teaching member since the services of the t2 PK, J \w_2o4a9 2025 petitioner are already being utilized in the capa < ity of teaching faculty in the prcsent place of work. Instead, the respondents have promoted and posted the petitioner in a 4on-teaching post, which has nothing to do with the main purpose for effectLng promotions' In Such circumstances, the respondents cannot <:ontend that the promotions and postings are effected in public inter:st' 12\ Further, tJ-ie petitioner has participated ir, the promotion process in his willingness to work as a teaching fe culty. Had the responclents readily considered his request, the ulti nate purpose of promotion process would also have been achieve(l' Instead, the respondents chose to post the petitioner in a no r-teaching post under the guise of promotion from a teaching-post, which action of the respondents, by no stretch of imagination, call be stated to be in public interest. Therefore, the judgment of the l:on'b1e Supreme Court in Achal Singh (referred supro/ relied upon by the respondents is cf no avail to them. Similarly, the -udgment of the Hon'b1e Suprerrre Court in Sk. Nausad Rahaman (referred supra) also cannot be made applicable to the factr; of the present since the present case is of relinquishment of prom('tion. PK, J wP_2O4a9_2O25 13) For the afore-mentioned reasons, more particularly in view of the relinquishment pleaded by the petitioner, the impugned G.O.Rt.No.298, dated OZ.OZ.2O2S, is heri:by set aside in respect of the petitioner herein alone 14) Accordingly, the Writ petition is ailowed. Miscellaneous petitions pending, if any, shall stand closed. No costs Date 26-O9-202s PULLA KARTHIK, J