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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 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 appeared for his final year M.A. (English) examination in July/August, 2009 instead of May, 2009.