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Counsel for the Petitioner:

1. T S N SUDHAKAR Counsel for the Respondent(S):
1. GP FOR EDUCATION
2. GP FOR SERVICES III
3. GP FOR SERVICES IV
4. N RANGA REDDY (SC MC RSEEMA SPSR NLR) The Court made the following Order:
This Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief:
"....to issue a writ, order or direction more in the nature of writ of Mandamus declaring the impugned Proc.Rc.No.863/A2/DSC/2008, dated .5.2020 issued by the 1st respondent as being illegal, arbitrary, unjust, malafide and colourable exercise of power and violative of Articles 14, 16 and 21 of the Constitution of India and consequently hold that the petitioner is entitled for appointment to the post of Language Pandit (Telugu) with effect from the date on which the unofficial respondent was appointed to the said post as per his ranking obtained in DSC 2008 in terms of the Judgment of the Honble Tribunal in O.A.No.11470 of 2009 dated 7.2.2011 with all consequential benefits ...."

4. The official respondents filed counter affidavit denying all the allegations made in the petition. It is stated in the counter affidavit that the petitioner was studying language pandit training course in school education and HRD Dravida University Srinivasa Vanam, Kuppam during the academic year 2007- 2008 and during the period of DSC-2008 notification, he got bonafide certificate on 05.02.2009 and the petitioner submitted the declaration stating that he was studying language pandit training at that time of submitting DSC- 2008 application. The petitioner appeared for the post of Language Pandit Grade-II on the declaration that he is going to appear TPT exam in the month of May 2009 and also admitted that if he fails to submit original pass certificate at the time of DSC-2008 selection, his candidature may rejected or cancelled, instead that the petitioner appeared for the said exams held on June 2010. The Commissioner of School Education, Andhra Pradesh, Hyderabad vide Progs.Rc.No.2265/RC/2009, dated 09.03.2011 issued clear instructions that the candidates who have acquired requisite qualifications for which the exam was not held during the month of May 2009 are not eligible. The petitioner approached the Tribunal contending that the resondents have filled the post as ST (W) vacancy instead of ST (G). Then, the Tribunal issued orders to rectify the defects and consider the case of the applicant for the post of Language Pandit Grade-II and pass appropriate orders within a stipulated time. Therefore, the Commissioner of School Education, Andhra Pradesh, Hyderabad was addressed duly submitting the factual position that, prior to counseling ST(G) was shown in reservation category wise vacancy. But during the counseling, it was shown as ST (W) for the reasons not known and requested for necessary orders. Accordingly, Speaking orders are issued to the petitioner i.e., rejection order vide Progs.Rc.No.863/A2/DSC-2008, dated 09.05.2012 of the District Educational Officer, Ananthapuramu. Aggrieved by the speaking orders, the petitioner filed O.A.No.322 of 2019 before the Tribunal and the Tribunal issued interim directions dated 08.03.2019, directing the 1st respondent to pass appropriate orders regarding selection of applicant in ST roster point keeping in view the marks secured by him in terms of the order in O.A.No.11470 of 2009 dated 07.02.2011, where under the applicant has earlier succeeded and appropriate orders shall be passed within a period of six weeks from the date of receipt of the order. Further, the petitioner filed W.P.No.2303 of 2020 before this Court for non-implementation of the order dated 08.03.2019 passed by the tribunal in O.A.No.322 of 2019. This Court vide order dated 04.02.2020 directed the respondents to take action as per O.A.No.322 of 2019 dated 08.03.2019 and to pass appropriate orders, strictly in accordance with law, within a period of three months from the date of receipt of a copy of this order.