Andhra Pradesh High Court - Amravati
The State Of Andhra Pradesh vs Krishnam Raju Ambati on 14 July, 2025
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
APHC010480112023
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3526]
(Special Original Jurisdiction)
MONDAY, THE FOURTEENTH DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT APPEAL NOs:948 and 949 of2023
WRIT APPEAL NO: 948/2023
Writ Appeal under clause 15 of the Letters Patent to allow the Writ
Appeal by setting aside the order dated 24.07.2023 in W.P.No.18272 of 2023
and to pass
Between:
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, SCHOOL EDUCATION DEPARTMENT,
SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. GUNTUR
DISTRICT.
2. THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION,,
IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT.
3. THE DISTRICT SELECTION COMMITTEE,, VIZIANAGARAM
DISTRICT. REP.BY CHAIRMAN/DISTRICT COLLECTOR.
4. THE DISTRICT EDUCATIONAL OFFICER,, VIZIANAGARAM
DISTRICT.
...APPELLANT(S)
AND
1. KRISHNAM RAJU AMBATI, S/O JAGGA RAO, AGED 42 YEARS,
UNEMPLOYED, R/O SANYASI RAJU PETA VILLAGE, SALUR
POANDMANDAL, PARVATHIPURAM MANYAM DISTRICT,
PREVIOUSLY VIZIANAGARAM DISTRICT.
Contd...
NJS,J & TRR,J
W.A Nos.948 & 949 of 2023
2
2. THE PROJECT OFFICER, INTEGRATED TRIBAL DEVELOPMENT
AGENCY, VIZIANAGARAM DISTRICT.
3. THE COMMISSIONER, TRIBAL WELFARE DEPARTMENT,
DIRECTORATE OF TRIBAL WELFARE DEPARTMENT, D.NO.40-3/1-
49-4A, WARD NO.13, KONERU LAKSHMAIAH STREET,
MOGHALRAJPURAM, VIJAYAWADA.
4. THE DEPUTY DIRECTOR, EDUCATION TRIBAL WELFARE
DEPARTMENT, VIZIANAGARAM DISTRICT, ANDHRA PRADESH.
5. THE TAHSILDAR, SALUR MANDAL, VIZIANAGARAM DISTRICT.
...RESPONDENT(S):
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 to condone the delay ( 27 ) in presenting the Writ Appeal and pass IA NO: 2 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 to suspend the operation of order, dated.24.07.2023 made in W.P.No.18272 of 2023 and to pass Counsel for the Appellant(S):
1. GP FOR SERVICES III (AP) Counsel for the Respondent(S):
1. GP FOR SERVICES I
2. GP FOR SERVICES II
3. THOTA S V L NARASIMHASWAMY Contd...
NJS,J & TRR,J W.A Nos.948 & 949 of 2023 3 WRIT APPEAL NO: 949/2023 Writ Appeal under clause 15 of the Letters Patent be pleased to allow the Writ Appeal by setting aside the order dated 14.07.2023 in W.P.No.15765 of 2023 and to pass such Between:
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.
2. THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION, , IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT.
3. THE DISTRICT SELECTION COMMITTEE,, VIZIANAGARAM DISTRICT. REP.BY CHAIRMAN/DISTRICT COLLECTOR.
4. THE DISTRICT EDUCATIONAL OFFICER, , VIZIANAGARAM DISTRICT ...APPELLANT(S) AND
1. PEDIKA SUMATHI, W/O.PRAKASH BABU, AGED 33 YEARS, R/O PEDDA HARIJANAPETA, SALUR, PARVATHIPURAM MANYAM DISTRICT, PREVIOUSLY VIZIANAGARAM DISTRICT.
2. BADANGI SANTHOSH, W/O SURESH, AGED 32 YEARS, R/O.BANTU MAKKUVA, MAKKUVA MANDAL, VIZIANAGARAM DISTRICT.
3. THE PROJECT OFFICER, INTEGRATED TRIBAL DEVELOPMENT AGENCY, VIZIANAGARAM DISTRICT.
4. THE COMMISSIONER, TRIBAL WELFARE DEPARTMENT, DIRECTORATE OF TRIBAL WELFARE DEPARTMENT, D.NO.40-3/1-
49-4A, WARD NO.13, KONERU LAKSHMAIAH STREET, MOGHALRAJPURAM, VIJAYAWADA.
5. THE DEPUTY DIRECTOR, EDUCATION TRIBAL WELFARE,DEPARTMENT, VIZIANAGARAM DISTRICT, ANDHRA PRADESH
6. THE TAHSILDAR, MAKKUVA MANDAL, VIZIANAGARAM DISTRICT.
...RESPONDENT(S):
Contd...
NJS,J & TRR,J W.A Nos.948 & 949 of 2023 4 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 to condone the delay 37 in presenting the Writ Appeal and pass such IA NO: 2 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 to suspend the operation of order, dated:14.07.2023 made in N.P.No.15765 of 2023 and to pass such Counsel for the Appellant(S):
1. GP FOR SERVICES III (AP) Counsel for the Respondent(S):
1. GP FOR SERVICES I
2. GP FOR SERVICES II
3. THOTA S V L NARASIMHASWAMY The Court made the following Common Judgment: (per Sri Justice Ninala Jayasurya) These two appeals are preferred against the orders of the learned Single Judges in W.P Nos.18272 and 15765 of 2023 dated 24.07.2023 and 14.07.2023 respectively.
2. The writ petitions are filed challenging the action of the official respondents in insisting the petitioners for submission of Agency Schedule Area certificate for selection to the post of Secondary Grade Teacher (Telugu language) in the schools which are being run by the Tribal Welfare Department in the agency areas of Vizianagaram District. The respondents/writ petitioners are selected to the said post, pursuant to the notification dated 26.10.2018.
3. The learned Single Judges allowed the said two writ petitions by following the orders in W.P Nos.23976, 23855 and 24270 of 2020 dated 08.07.2022, which were carried in appeal by the State vide W.A Nos.118 and 157 of 2023.
Contd...
NJS,J & TRR,J W.A Nos.948 & 949 of 2023 5
4. A Division Bench of this Court, after considering the matters in detail, dismissed the writ appeals by orders dated 31.01.2023, inter alia observing as follows:
"...When the Presidential Order recognizes the State as a single unit for consideration of the status of Scheduled Tribes, the insistence on the part of the authorities for production of Nativity (Agency Area) Certificates in contravention of the Presidential Order is required to be treated as unauthorized and impermissible..."
5. Against the said orders, the State filed SLP (C) No.25213-25214 of 2023 and the Hon'ble Supreme Court vide order dated 07.04.2025, dismissed the Special Leave Petitions.
6. Thus, the orders in W.P Nos.23976, 23855 and 24270 of 2020 dated 08.07.2022 were upheld. It is also to be noted that, as seen from the latest instructions dated 06.07.2025 of the District Educational Officer, Vizianagaram addressed to the learned Government Pleader for Services, there are four (04) left over vacancies and it appears that only on the premise that the respondents/writ petitioners are not having local area ST certificate are not eligible for selection against the posts earmarked for ST Schedule Area posts, they are denied postings, which is not sustainable, in the light of the orders of the learned Division Bench, referred to supra. Be that as it may.
7. In the light of the orders dated 31.01.2023 passed in W.A Nos.118 and 157 of 2023 and for the reasons alike, these writ appeals fail and, accordingly, the same are dismissed. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed.
__________________________ JUSTICE NINALA JAYASURYA __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date:14.07.2025 Ksj