Andhra Pradesh High Court - Amravati
The State Of Andhra Pradesh vs Krishnam Raju Ambati on 14 July, 2025
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
V • APHC010480112023
IN THE HIGH COURT OF ANDHRA PRADESH-
AT AMARAVATI
MONDAY.THE FOURTEENTH DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
AND
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RACF
yVRIT APPEAL Nos. 948 AND 949 0F 2023
WRIT APPEAL NO: 948 OF 2023
dated"«S
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.
■■.appellants/respondents 1-4 in W.P
AND
1- Krishnam Raju Ambati, S/o Jagga Rao, aged 42 ^
years. Unemployed,
R/o Sanyasi Raju Peta Village, Salur POandMandalM Parvathipuram
Manyam District
previously Vizianagaram District.
... respondent/petitioners
rt
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.
...RESPONDENTS/ RESPONDENTS'^
lA NO: 2 OF 202.?
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Courf may be pleased to
suspend the operation of order, dafed.24.07.2023 made in W.P.No.18272 of
2023.
Counsel for the Petitioners: GP FOR SERVICES-III
Counsel for the Respondent No.1: SRI THOTA S. V. L.
NARASIMHASWAMY
Counsel for the Respondent Nos.2 to 4:GP FOR SERVICES II
Counsel for the Respondent No.5: GP FOR SERVICES-I
APHC010480302023
WRIT APPEAL NO: 949 OF 207.^
H , Clause t5 of the Letters Patent against the order
dated 14.07.2023 in W.P.No.15765 of 2023 on the file of High Court.
.n
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
...APPELLANTS/RESPONDENTS 1-4 in W.P
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.
... respondents/petitioners -
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.
...RESPONDENTS/RESPONDENTS
lA NO: 2 OF 207.?
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit fiied in support of the petition, the High Court may be pleased to
suspend the operation of order, dated:14.07.2^3 made in N.P.No.15765 of
2023 and to pass such
Counsel for the Petitioners: GP FOR SERVICES-III
Counsel for the Respondent Nos.1 & 2: SRI THOTA S. V. L.
NARASIMHASWAMY ^
Counsel for the Respondent Nos.3 to 5:GP FOR SERVICES II
Counsel for the Respondent No.6: GP FOR SERVICES-I
'
The Court made the following: COMMON JUDGMENT
*4^
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 1 >
VIZIANAGARAM
DISTRICT.
...APPELLANT(S)
AND
1.KR1SHNAM RAJU AMBATl, S/0 JAGGA RAO, AGED 42 YEARS,
UNEMPLOYED, R/0 SANYASI RAJU PETA VILLAGE, SALUR
POANDMANDAL, PARVATHIPURAM MANYAM DISTRICT,
PREVIOUSLY VIZIANAGARAM DISTRICT.
Contd...
NJS,J & TRf^J
Nos. 948 & 949 of 2023
2
2.THE PROJECT OFFICER, INTEGRATED TRIBAL DEVELOPMENT
AGENCY, VIZIANAGARAM DISTRICT.
3.THE COMMISSIONER TRIBAL WELFARE L
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):
lA NO: 1 OF 209.3
. 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
lA NO: 2 OF 20?:^
. 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 pieased 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 & TRRJ
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
in W.P.No.15765 of
Writ Appeal by setting aside the order dated 14.07.2023
2023 and to pass such
Between:
1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SCHOOL EDUCATION DEPARTMENT,
SECRETARY,
SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR
DISTRICT.
2 THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION
IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT.
SELECTION COMMITTEE VIZIANAGARAM
3.THE DISTRICT
DISTRICT. REP.BY CHAIRMAN/DISTRICT COLLECTOR.
VIZIANAGARAM
4.THE DISTRICT EDUCATIONAL OFFICER
DISTRICT
...APPELLANT(S)
AND
1.PEDIKA SUMATHI W/O.PRAKASH BABU, AGED 33 YEARS, R/0
PEDDA HARIJANAPETA, SALUR PARVATHIPURAM MANYAM
DISTRICT, PREVIOUSLY VIZIANAGARAM DISTRICT.
SANTHOSH, W/0 SURESH, AGED 32 YEARS,
2. B AD AN GI
R/O.BANTU MAKKUVA, MAKKUVA
L MANDAL, VIZIANAGARAM
DISTRICT.
3 jhe project officer, integrated tribal development
AGENCY, VIZIANAGARAM DISTRICT.
DEPARTMENT
4.THE COMMISSIONER, TRIBAL WELFARE
DIRECTORATE OF TRIBAL WELFARE DEPARTMENT, D.NO.40-3/1-
49-4A, WARD N0.13, KONERU LAKSHMAIAH STREET,
MOGHALRAJPURAM, VIJAYAWADA.
EDUCATION TRIBAL
5.THE DEPUTY DIRECTOR,
WELFARE,DEPARTMENT, VIZIANAGARAM DISTRICT, ANDHRA
PRADESH
6.THE TAHSILDAR, MAKKUVA MANDAL, VIZIANAGARAM DISTRICT.
...RESPONDENT(S);
- . Contd...
NJS,J&TRR,J
l/l'./A Nos.948 & 949 of 2023
4
lA 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
lA 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: (persnjustice Ninaia 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
l/V./\ 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.
Sd/- M RAMESH BABU
DEPUTYiREGlS;Pf^AR
//TRUE COPY//
SECTION OFFICER
To,
1. One CC to Sri Thota S. V. L. Narasimhaswamy, Advocate [OPUC] ^--
2. Two CCs to GP for Services-lll (AP) High Court of Andhra Pradesh
[OUT]
3. GP for Services-1 High Court of Andhra Pradesh [OUT]
Two CCs to
4. Two CCs to GP for Services-ll, High Court of Andhra Pradesh [OUT]
- '
5. Two CD Copies.
ssb
HIGH COURT
DATED:14/07/2025
COMMON JUDGMENT
WA Nos. 948 and 949 OF 2023 ^^>sCurrent 3 0 JULSectio;iX'1^ 2025 m DtSMISSING THE WRIT APPEALS WITHOUT COSTS