Andhra Pradesh High Court - Amravati
Md. Mahesh Kumar, vs The State Of A.P., on 7 November, 2024
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
THURSDAY, THE SEVENTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 7397 OF 2024
Between:
1. MD. Mahesh Kumar, S/o. M. Devendrappa, Aged about 34 years, R/o.
D.No. 1-150-9, Stantanpuram, Balaji Nagar, Kurnool District.
2. Bushra Fardose, D/o. Lohar Vakeel Ahmed, Aged about 36 years, R/o.
D.No. 4/17, Kalluru Darwaza, Near Osmania College Road, Kurnool
District.
3. K. Jameela Anjum, D/o. K. Ikramur Rahim, Aged about 29 years, R/o.
D.No. 26-152, Gadda Street, Shamsia Madarasa, Kurnool District-
518001.
»
4. Shaista Mubeen, D/o. Abdul Shaft, Aged about 40 years, R/o. D.No.
25/98, Ganigalli Street, Kurnool District.
...PETITIONERS
AND
1. The State of A.P., Rep. by its Principal Secretary, School Education
Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur
District.
2. The Commissioner and Director of School Education, Government of
Andhra Pradesh, Ibrahimpatnam, Vijayawada, N.T.R. District.
3. The District Educational Officer, Kurnool, Kurnool District.
...RESPONDENTS
Petition under Article 226 of the Constitution of India 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, declaring the highhanded action of the
Respondent authorities in carry forward the post of School Assistant
Biological Science(Kannada and Urdu) and Physical Science(Urdu) backlog
posts in Roaster points 2, 4, 6, 7, and 8 for Kannada and Urdu Medium
schools pertaining to Kurnool District in the present D.Sc. Notification
NO.2/TRC-1/2024 dated 12.02.2024, while claim of the Petitioners in under
process for consideration for selection to the posts of School Assistant
(Biological Science and physical science) in Kannada and Urdu Medium
unfilled vacancies since 5 DSC written exams that were vacant since 2008
to 2018 DSC Notification, and they are entitle for selection/appointment
under Rule 22 (e) (h) of the Andhra Pradesh State and Subordinate Service
Rules, 1996, and Section 34 (2) of The Rights of a Person with Disability
Act, 2016 and G.O.Ms.No.2, dated 19.02.2020, and G.O.Ms.No. 99, dated
04.03.2013, and G.O.Ms.No. 23, dated 26.05.2011, similar to Proceedings
vide memo No.SE-20021/209/2017-Exams SECT-SE DEPT, Dated
07/11/2022, C.No.47426/ Exams/2015, dt.13.07.2016, and relaxed in similar
cases previously, by complying the Orders of the Hon'ble Court in
W.P.No.46830 of 2018, W.P.No.7634 of 2022, and the then Hon'ble Andhra
Pradesh Administrative Tribunal in O.A. No. 4641 of 2015, with
M.A.No.279/2016 dated 24.02.2016 and consequently to quash/set aside
the carry forward post of School Assistant Biological Science (Kannada and
Urdu) and Physical Science (Urdu) backlog posts in Roaster point no.
2,4,6,7 and 8 pertaining to Kurnool District in the present D.Sc. Notification
NO.2/TRC-1/2024 dated 12.02.2024, and consider the Petitioners claim as
per Rule 22 (e) (h) of the Andhra Pradesh State and Subordinate Service
Rules, 1996, Section 34 (2) of The Rights of a Person with Disability Act,
2016 and G.O.Ms.No.7, dated 18.01.2012, G.O.Ms.45, dated 19.02.2005,
G.O.Ms.No.65, dated 15.02.1997, G.O.Rt.No.267, dated 21.09.1999,
G.O.Ms.89, dated 07.11.2002 and G.O.Ms.No.2, dated 19.02.2020. .
lANO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the writ petition, the High Court may
be pleased to direct the Respondents No. 1 & 2 to reserve 4 posts for the
Petitioners pertaining to the post of School Assistant Biological Science
(Kannada and Urdu] and Physical Science (Urdu) backlog posts in Roaster
point no. 2,4,6,7 and 8 pertaining to Kurnool District in the present D.Sc.
Notification NO.2/TRC-1/2024 dated 12.02.2024 and consider the
Petitioners claim as per Rule 22 (e) (h) of the Andhra Pradesh State and
Sub-Ordinate Service Rules, 1996, Section 34 (2) of The Rights of a Person
with Disability Act 2016 and G.O.Ms.No.7, dated 18.01.2012, G.O.Ms.45
dated 19.02.2005, G.O.Ms.No.65, dated 15.02.1997, G.O.Rt.No.267, dated
21.09.1999, G.O.Ms.89 dated 07.11.2002, and G.O.Ms.No.2, dated
19.02.2020, pending disposal of the Main Writ Petition.
Counsel for the Petitioners : SRI G. RAJESH, ADVOCATE APPEARING
THROUGH VIRTUAL MODE FOR SMT. P. SARASWATHI
Counsel for the Respondents: SRI GURRAM RAMACHANDRA RAO,
GP FOR SCHOOL EDUCATION
The Court made the following: ORDER
%T
APHC010140972024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3331]
(Special Original Jurisdiction)
THURSDAY, THE SEVENTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 7397/2024
Between:
1.MD. MAHESH KUMAR,, S/0. M. DEVENDRAPPA, AGED ABOUT 34
YEARS, R/0. D.NO. 1-150-9, STANTANPURAM, BALAJI NAGAR,
KURNOOL DISTRICT.
2.BUSHRA FARDOSE,, D/0. LOHAR VAKEEL AHMED, AGED ABOUT
36 YEARS, R/0. D.NO. 4/17, KALLURU DARWAZA, NEAR OSMANIA
COLLEGE ROAD, KURNOOL DISTRICT.
3.K. JAMEELA ANJUM,, D/0. K. IKRAMUR RAHIM, AGED ABOUT 29
YEARS, R/0. D.NO. 26-152, GADDA STREET, SHAMSIA
MADARASA, KURNOOL DISTRICT-518001.
4.SHAISTA MUBEEN,, D/0. ABDUL SHAFT, AGED ABOUT 40 YEARS,
R/0. D.NO. 25/98, GANIGALLI STREET, KURNOOL DISTRICT
...PETITIONER{S)
AND
1.THE STATE OF A P, REP. BY ITS PRINCIPAL SECRETARY,
SCHOOL EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS,
VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.
2.THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION,
GOVERNMENT OF ANDHRA PRADESH, IBRAHIMPATNAM,
VIJAYAWADA, N.T.R. DISTRICT.
3.THE DISTRICT EDUCATIONAL OFFICER, KURNOOL, KURNOOL
DISTRICT.
Page 2 of 4
Petition under Article 2?r nf ■■•RESPONDENT(S):
Circumstances stated in the affidavit i" 'he
pleased to issue a Writ Order nr n- ^ ^ •herewith, the High Court mau hn
of WRIT OF MANDAMUS, decta^rinq Th"^* mature
Respondent authorities in carry omard ,h action of the
Biologrcal Science(Kannada and UrdujTnd ph® Assistant
posts ,n Roaster points 2, 4, 6, 7 Z e Soience(Urdu) backlog
No 7/TPr^'®'^^'"'"® District in the ^'hu Medium
• TRC-1/2024 dated 12.02 2024 while i ■ D.Sc. Notification
process for consideration for s ecJn to pT -9-
nld" science) i Ka^*^
2018
IQ^QR
DSC Notification andtr^re^r^ r" "ooTm
^"Phra Pradesh State . ®'^''°®'®PP°'P<0'ent under
•996, and Section 34 (2) of The Riahts nf T ®®^°r9inale Service Rules
and G.O.Ms.No.2, dated 19.02 2020 Lf f nf/T "®®hility Act, 2016
and G.O.Ms.No. 23, dated 26 05 2011 ,■ 99, dated 04,03.2013
NO^SE-20021/209/2017-Exams' SECT SE "'rle memo
C.No.47426/ Exams/2015, dt.13.072016 a 07/11/2022,
previously, by complyinq the Order relaxed in similar cases
2018, W.P.No.7634 0? 2022 a in WP ^46830 nr
Administrative Tribunafin o I' nZZVZ Andhm'^°-279/2016
PradLh
.^''■°2-2016 and consequently to qulshlff^^w*''" "
of School Assistant Biological Science^ (Kanmn'•a and® Urdu) and Physical
Post
Science (Urdu) backlog posts in Roasm
^ dated
per Rule 22 (e) (h) of the
Of The RiZ lf !t Service Roles, 1996, Section 34 (2)
•8.01.2012
r n D4 K.
ro L 4Tf "®®»y Act
dated 19.02 2005 . 2016 and G.O.Ms.No 7 dated
G.O,Ms.No.65, dated 15.02.1997,
GG.O.Ms.No.2,
O ff M dated 19.02.2020
21.09.1999 GO.Ms.89 dated 07.11.2002 and
and pass
IANO: 1 OF pno/j
Petition under Section 15l rpr
Page 3 of 4
Urdu] and Physical Science (Urdu) backlog posts in Roaster point no. 2,4,6,7
and 8 pertaining to Kurnool District in the present D.Sc. Notification
NO.2/TRC-1/2024 dated 12.02.2024, and consider the Petitioners claim as
per Rule 22 (e) (h) of the Andhra Pradesh State and Sub-Ordinate Service
Rules, 1996, Section 34 (2) of The Rights of a Person with Disability Act,
2016 and G.O.Ms.No.7, dated 18.01.2012, G.O.Ms.45, dated 19.02.2005,
G.O.Ms.No.65, dated 15.02.1997, G.O.Rt.No.267, dated 21.09.1999,
G.O.Ms.89, dated 07.11.2002, and G.O.I\/ls.No.2, dated 19.02.2020, pending
disposal of the Main Writ Petition, and pass
Counsel for the Petitioner(S):
1.P SARASWATHI
Counsel for the Respondent(S):
1.GP FOR SERVICES III
The Court made the following:
ORDER
Heard Sri G.Rajesh, learned counsel appeared through virtual mode representing Smt.P.Saraswathi, learned counsel for petitioners and Sri Gurram Ramachandra Rao, learned Government Pleader for School Education for respondents.
2. The Writ Petition is filed impugning the DSC-2024 Notification NO.02/TRC-1/2024 dated 12.02.2024, whereby the respondent authorities carry forward the post of School Assistant Biological Science (Kannada and Urdu) and Physical Science (Urdu) backlog posts relating to roster Points 2, 4, 6, 7 and 8 for Kannada and Urdu Medium Schools in Kurnool District in unfilled vacancies, as illegal and arbitrary.
3. Sri Gurram Ramachandra Rao, learned Government Pleader for School Education for respondents submitted the G.O.Rt.No.256 School Education (Services-I) Department dated 30.06.2024. A perusal of the same would manifest that the DSC-2024 Notification dated 12.02.2024, was cancelled.
Page 4 of 44. Since the DSC-2024 Notification dated 12.02.2024 was cancelled by the Government, no further orders are required to be passed in this writ petition.
5. Accordingly, the Writ Petition is Closed. No order as to costs. However, this order will not preclude the petitioners to file a fresh writ petition, in case new cause of action arises in future.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
SD/- V.SAVITHRI GOWRI //TRUE COPY// ASSISTANT REGISTRAR SECTION OFFICER To,
1. One CC to M/s. P. Saraswathi, Advocate [OPUC]
2. Two CCs to GP for Services III, High Court of Andhra Pradesh. [OUT]
3. Three C.D. Copies.
Cnr HIGH COURT DATED:07/11/2024 ORDER WP.No.7397 of 2024 5 o C 2 DEC 202't ^ . Current Section P AT C CLOSING THE W.P. WITHOUT COSTS