Andhra Pradesh High Court - Amravati
Gutha Srinivasarao vs The State Of Andhra Pradesh on 31 October, 2025
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Main Case: W.P.No.29961 of 2025
PROCEEDING SHEET
Sl. OFFICE
DATE ORDER
No. NOTE
01. 31.10.2025 VN, J
The present Writ Petition is filed
questioning the proceedings issued by
Respondent No.1 vide Memo No.ESE02-
12021/3/2024-EST 2-CSE, dated 10.10.2025, as illegal and arbitrary.
The petitioners were initially appointed as School Assistants/Special Teachers and were subsequently promoted as Headmasters and Mandal Educational Officers in various Government Schools. Under the Andhra Pradesh Educational Service Rules issued in G.O.Ms.No.73, Education (SE-Ser.I) Department, dated 20.09.2017, the petitioners fall under Class-IV, Category-1. As per the said Rules, the next level of promotion available is to Class-III, Category-1, 2, 3, 4 and 11, comprising posts such as District Educational Officer, Deputy Director, etc.,. The further promotion is to the post of District Educational Officer etc., in Class-III Category-1.
Rule 3 of the said Rules prescribes the method of appointment to the higher category. Note (3) appended to Rule 3 specifically mandates a 12-point cycle to be followed by the competent authority for promotions to Category-1 of Class-II, as extracted below:
"For the purpose of promotion to category 1 of Class II, the following 12 point cycle shall be followed from the feeder categories:
1. Assistant Director.
2. Deputy Educational Officers and Parishad Educational Officers
3. Lecturer IASE/CTE/SCERT and Senior Lecturers in DIET
4. Deputy Educational Officers and Parishad Educational Officers
5. Lecturer IASE/CTE/SCERT and Senior Lecturers in DIET
6. Deputy Educational Officers and Parishad Educational Officers.
7. Assistant Director
8. Lecturer IASE/CTE/SCERT and Senior Lecturers in DIET
9. Deputy Educational Officers and Parishad Educational officers.
10. Lecturer IASE/CTE/SCERT and Senior Lecturers in DIET
11. Deputy Educational Officers and Parishad Educational Officers
12. Lecturer IASE/CTE/SCERT and Senior Lecturers in DIET."
The grievance of the petitioners is that the Respondents are not adhering to the above 12- point cycle while effecting promotions to Category-1 of Class-II, and instead are filling all posts from the Assistant Director channel alone, in violation of the Rules and adversely affecting the petitioners' promotional prospects.
Learned Assistant Government Pleader for Services-II seeks time for getting instructions.
Having regard to the statutory mandate contained in Rule 3 and Note 3 of G.O.Ms.No.73, dated 20.09.2017, and in view of the settled law that appointments made in excess of the prescribed quota are illegal as held by the Hon'ble Supreme Court in V.B. Badami v. State of Mysore [(1976) 2 SCC 901], this Court is prima facie of the opinion that the Respondents are bound to adhere to the 12-point cycle while effecting promotions to the posts of Category-1 Class-II of the Rules.
Therefore, there shall be an interim direction to the respondents to strictly adhere to Rule 3, Note 3 of G.O.Ms.No.73, Education (SE- Ser.I) Department, dated 20.09.2017, as extracted above, before effecting any promotions to Category-1 of Class-II in the Andhra Pradesh Educational Service.
List the matter on 28.11.2025.
______ VN, J SNI