Case Note & Summary
The writ petition was filed under Article 226 of the Constitution of India before the High Court of Andhra Pradesh at Amaravati by M. Shiva Kumar, an Archaka at Sri Brahmaramba Mallikarjuna Swamyvari Devasthanam, Srisailam, challenging the order of the Commissioner of Endowments dated 16.01.2025. The order granted permission to promote the fourth respondent, M. Ravi Kumar, as Mukhya Archaka by exempting him from passing the requisite departmental test, despite the fact that he had not qualified in the 'Vara' Agama examination and had not completed 45 years of age. The petitioner, who claimed to be qualified and next in line among eligible Archakas, sought a writ of mandamus to declare the impugned order as illegal, arbitrary, and without jurisdiction, to declare his non-consideration as violative of Articles 14 and 16, and to direct the respondents to promote him as Mukhya Archaka. The petitioner was initially appointed as a Paricharika in 2013 and was later promoted as Archaka on 23.06.2021. He passed the 'Vara' and 'Pravara' examinations in 2013 and 2019 respectively and was shown as qualified in the seniority list of Archakas issued on 09.01.2025. In the same seniority list, candidates at Sl.Nos.1 and 5, including the fourth respondent, were shown as not qualified for further promotion. On 11.01.2025, five vacancies of Mukhya Archaka were filled by promoting candidates at Sl.Nos.2, 3, 4, 6 and 7, leaving one vacancy unfilled. The fourth respondent, who stood at Sl.No.5, made a representation seeking promotion despite his ineligibility. The Executive Officer submitted a report on 21.12.2024 confirming that the fourth respondent had not passed the 'Vara' examination and had not completed 45 years of age. Nevertheless, the Commissioner issued the impugned order on 16.01.2025 under Section 8 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, granting conditional promotion to the fourth respondent subject to acquiring the qualification within one year. The legal issues revolved around the validity of the exemption from departmental tests, the scope of the Commissioner's power under Section 8 of the Act, the applicability of Rule 7 and the relaxation provisions of the 2001 Rules, and the alleged violation of Articles 14 and 16 by not considering the petitioner's candidature. The petitioner's senior counsel contended that the power of relaxation was circumscribed by the Rules and could only be exercised in favour of individuals who had crossed the age of 45 years. The respondents argued that departmental tests had not been conducted for four years, a notification for the 'Vara' examination was issued in September 2024, and the fourth respondent had applied; therefore, conditional promotion was justified. The fourth respondent also claimed that he was senior to the petitioner by eight years and that the petitioner could not seek promotion ahead of him. The court examined the relevant provisions and contentions, but the final decision and reasoning were not included in the provided text.
Headnote
A) Service Law - Promotion to Mukhya Archaka - Qualifications and Method of Recruitment - Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Archakas and Other Office Holders and Servants Qualifications and Emoluments Rules, 2001, Rule 7 - The post of Mukhya Archaka is classified as Category-III filled by promotion from Category-IV Archaka; passing Vara Agama examination is requisite for promotion; Petitioner had passed Vara and Pravara examinations and was shown qualified in the seniority list while some seniors were not qualified - Court examined whether Petitioner, as a qualified candidate, was entitled to be considered for the existing vacancy (Paras 4-7). B) Administrative Law - Power of Exemption/Relaxation - Scope of Section 8 of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 - Respondent No.2 granted permission to promote Respondent No.4 as Mukhya Archaka on conditional basis, exempting departmental test, despite Respondent No.4 being below 45 years and not qualified; Petitioner contended that relaxation power under Section 8 is subject to other provisions and cannot be invoked to exempt persons below 45 years as per Rules 8 and 35 - Court was called upon to decide whether the Commissioner exceeded jurisdiction in granting such exemption in violation of statutory rules (Paras 6-15). C) Constitutional Law - Articles 14 and 16 - Equality in Public Employment - Constitution of India, Articles 14 and 16 - Petitioner alleged that non-consideration of his candidature for promotion while granting promotion to a junior and ineligible candidate violated equality and equal opportunity; respondents contended Petitioner was junior to Respondent No.4 by 8 years and cannot claim promotion ahead - Court considered whether the action was discriminative and arbitrary in the matter of promotion (Paras 7-11). D) Civil Procedure - Interlocutory Relief - Section 151 CPC - Interim orders were granted on 28.01.2025 and 21.08.2025; respondents filed I.A. Nos.2 and 3 of 2025 to vacate interim order; court considered whether to continue interim suspension of the impugned order pending disposal (Paras 8, 10).
Issue of Consideration
Whether the order dated 16.01.2025 granting permission to promote Respondent No.4 as Mukhya Archaka by exempting the departmental test is illegal, arbitrary, without jurisdiction, and contrary to Act 30 of 1987 and the Rules made thereunder; whether non-consideration of the Petitioner's candidature for promotion violates Articles 14 and 16 of the Constitution of India; whether the Commissioner of Endowments has power under Section 8 of the Act to exempt a candidate below 45 years from passing the requisite departmental test; and whether the Petitioner is entitled to be promoted as Mukhya Archaka in the existing vacancy
Final Decision
Not mentioned in the provided text
Law Points
- Promotion to Mukhya Archaka governed by Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Archakas and Other Office Holders and Servants Qualifications and Emoluments Rules
- 2001
- Rule 7
- Passing Vara Agama examination is requisite for promotion
- Power of relaxation under Section 8 of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act
- 1987 is not unfettered and must conform to statutory rules
- Articles 14 and 16 of Constitution of India guarantee equality and equal opportunity in public employment
- Writ court under Article 226 can examine arbitrariness and jurisdictional excess in administrative orders
