Telangana High Court
The Government Of Andhra Pradesh vs Mahadevappa on 29 October, 2022
Author: Abhinand Kumar Shavili
Bench: Abhinand Kumar Shavili
HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
W.P.No.16762 OF 2012
ORDER:(Per Hon'ble Sri Justice Abhinand Kumar Shavili) This writ petition is filed by the petitioners under Article 226 of the Constitution of India aggrieved by the orders passed by the Andhra Pradesh Administrative Tribunal, Hyderabad (for short, the "Tribunal") in O.A.No.4884 of 2010, dated 01.04.2011.
Heard, Government Pleader for Services-I appearing for the petitioners.
It has been contended by the petitioners that the respondents have responded to DSC 2008 notification for the post of Secondary Grade Teachers in Kannada Medium. When the respondents could not be considered as per their merit, they have approached the Tribunal by filing O.A.No.4884 of 2010 and contended that two posts meant for BC-A women could not be filled up in DSC 2008 notification and as per G.O.Ms.No.674, dated 30.10.2008, if the vacancies could not be filled up for three consecutive recruitments, the posts have to be de- reserved and are liable to be filled up from among OC candidates and admittedly the BC-A women posts could not be filled up in the three recruitment notifications and the Tribunal had erroneously directed that the respondents case has to be considered by de-reserving the BC-A women posts which could not be filled up in DSC 2008 without appreciating any of the contentions raised by the petitioners.
The Government Pleader appearing for the petitioners had further contended that it is for the petitioners to de-reserve the posts but the Tribunal has directed to de-reserve the post of BC-A women as the same could not be filled up in DSC 2008 notification and directed the petitioners to consider the case of the respondents along with OC candidates. Therefore appropriate orders may be passed in the writ petition by setting aside the order passed by the Administrative Tirbunal in O.A.No.4884 of 2010, dated 01.04.2011 and allow the writ petition.
This Court having considered the rival submissions made by both the parties is of the considered view that Tribunal was justified in allowing the O.A. in favour of the respondents as two posts meant for BC-A women could not be filled up in the three recruitment notifications and the Tribunal merely directed the petitioners to follow G.O.Ms.No.674 dated 30.10.2008 and de-reserve the said vacancies and further directed the petitioners to fill up with meritorious candidates under OC category including all respondents.
Therefore, this Court is not inclined to interfere with the orders passed by the Tribunal and writ petition is accordingly dismissed. No costs.
Miscellaneous petitions, if any, pending shall stand closed.
_____________________________________ JUSTICE ABHINAND KUMAR SHAVILI _________________________________________ JUSTICE NAMAVARAPU RAJESHWAR RAO Date: 29.10.2022 Myk/lpd