Andhra Pradesh High Court - Amravati
Secy., School Edun Dept., Hyderabad 3 ... vs R Surendra, Chittoor Dist on 24 October, 2019
Author: C.Praveen Kumar
Bench: C.Praveen Kumar, Cheekati Manavendranath Roy
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR
AND
THE HONOURABLE SRI JUSTICE CHEEKATI
MANAVENDRANATH ROY
WRIT PETITION No.20226 of 2012
ORDER:- (Per Hon'ble Sri Justice C.Praveen Kumar) The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking issuance of writ of Certiorari and call for the records relating to and connected with the orders of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short, "the Tribunal") in O.A.No.11343 of 2009, dated 29.09.2010, and quash or set aside the same by holding as erroneous and contrary to law.
2. Heard the learned Government Pleader for Services - I for the petitioners and Sri V.Nageswara Rao, learned counsel appearing for the respondent.
3. The respondent herein filed O.A.No.11343 of 2009 under Section 19 of the Administrative Tribunal Act, 1985 before the Tribunal to declare that he is eligible and entitled for appointment to the post of School Assistant (English) as per his merit obtained in DSC 2008 in the existing vacancies by granting time to produce the M.A. (English) qualification certificate with all consequential benefits, holding the action of the petitioners herein in not issuing appointment orders to the post of School Assistant (English) though he has obtained merit, as illegal and arbitrary. Vide common order, dated 29.09.2010, the Tribunal allowed the O.A. along with other O.As and directed the petitioners herein to issue appointment orders in their respective subjects on production of 2 CPK, J & CMR, J W.P.No.20226 of 2012 provisional certificate of passing qualifying examination as per their merit and as per rules, within a period of four (4) weeks from the date of receipt of a copy of that order. Challenging the same, the State filed the present writ petition.
4. Learned Government Pleader would contend that vide G.O.Ms.No.161, Education (Services-VI) Department, dated 06.12.2008, Government has notified "The Andhra Pradesh Direct Recruitment of Teachers Rules, 2008" and the same was issued in exercise of powers conferred in proviso to Article 309 of the Constitution of India read with sub sections (3) and (4) of Section 26, sub sections (3) & (4) of Section 51 and Section 59 of the Andhra Pradesh Panchayat Samithi and Zilla Praja Parishad Acts (A.P.Act XXXV of 1959) and 3rd proviso to Section 74 of the Andhra Pradesh Municipalities Act, 1965 and in exercise of the powers conferred in Sections 78 and 99 of Act 1 of 1982. The said rules lay down the method of recruitment and qualifications to the posts of Secondary Grade Teachers and School Assistants. In pursuance of the said rules, recruitment notification was issued on 08.12.2008, which is called as DSC 2008 notification. An errata was published on 09.02.2009. The last date for receipt of applications was 15.02.2009. In the meantime, the Government amended the aforesaid rules and the notification was published vide G.O.Ms.No.28, Education (Services-VI) Department, dated 29.01.2009. The amendment provides that the candidates who are going to appear for final year of qualifying academic or qualifying professional courses to be held by May, 2009 are also permitted to apply in DSC 2008. The respondent herein was not selected as he 3 CPK, J & CMR, J W.P.No.20226 of 2012 appeared for his final year M.A. (English) examination in July/August, 2009 instead of May, 2009.
5. Learned counsel for the respondent submitted that the issue involved in the present case is squarely covered by the common order, dated 16.04.2015, in W.P.No.2646 of 2011 and batch of the common High Court at Hyderabad wherein it is held that the petitioners therein have illegally denied the applicants' appointment on the basis of their merit in the qualifying examination and in the counseling and hence, there is no reason to interfere with the order of the Tribunal and accordingly, dismissed the writ petitions directing the petitioners therein to comply with the order of the Tribunal within two (2) months from that day. The same is not disputed by the learned Government Pleader appearing for the writ petitioners.
6. Following the aforesaid order and in terms thereof, this Writ Petition is also dismissed. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
_______________________________ JUSTICE C.PRAVEEN KUMAR ________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date : 24.10.2019 Note:-
Furnish C.C. within one week.
B/O AMD 4 CPK, J & CMR, J W.P.No.20226 of 2012 THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR AND THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION No.20226 of 2012 Date : 24.10.2019 AMD