G. YETHIRAJULU, J.

( 1 ) THIS writ of certiorari is filed by the respondents in o. A. No. 1508 of 1998 on the file of the a. P. Administrative Tribunal, Hyderabad ( the Tribunal for brevity) being aggrieved by the judgment of the tribunal dated 3-7-1998 praying to call for the records and to quash the judgment of the Tribunal as illegal, arbitrary and against the provisions of the a. P. Subordinate Service Rules and consequentially to set aside the same.

( 2 ) THE respondents herein are the petitioners in O. A. No. 1508 of 1998.

( 3 ) IN the affidavit filed in support of the writ petition it was mentioned that the 2nd petitioner issued a press notification on 15-3-1998 calling for the applications from candidates eligible for recruitment of School assistants, Secondary Grade Teachers, language Pundits etc. , in Zilla Parishad and mandal Parishad Schools in the State (District Selection Committee (DSC) -1998 ). The last date for receipt of applications was 31-3-1998. Each district is the Unit for the purpose of appointing of teachers. In warangal District 1725 Secondary Grade teachers (Telugu Medium) {for short sgt (TM) } were notified. In response to the said notification the respondents (petitioners in O. A.) submitted applications for the posts of SGT (TM ). Their applications were rejected on the ground that they did not study Telugu as first language up to SSC or did not study up to SSC in Telugu Medium or Intermediate or Graduation on the basis of the clarification issued by the commissioner and Director of School education in letter Rc. No. 626/c2-5/96 dated 7-2-1996. The respondents being aggrieved by the said order of rejection preferred O. A. No. 1508 of 1998 before the Tribunal and obtained interim orders on 27-3-1998. The tribunal in the interim order directed the petitioners herein to receive the applications of the respondents, permit them to write the examination and, if they qualify in the written test, allow them to appear for interview, provided they are otherwise eligible, without rejecting their applications on the sole ground that they did not study telugu as first language up to 10th class, but their results shall not be published. Pursuant to the interim direction, the applications of the respondents were received and they were allowed to write the examinations and the candidates qualified in the written test were allowed to participate in the interview. Subsequently, on 3-7-1998 the Tribunal relying on Rule 5 (b) of the rules issued in G. O. Ms. No. 40, Education, dated 7-2-1992, disposed of a batch of O. As. , including O. A. No. 1508 of 1998 filed by the respondents. The petitioners being aggrieved by the above order of the Tribunal preferred this writ petition seeking to quash the same as illegal, arbitrary and against the provisions of the A. P. Subordinate service Rules.

( 4 ) THE point for consideration is whether the respondents are not entitled to be considered for Secondary Grade Teachers (Telugu Medium) as per the existing rules and whether the order of the Tribunal dated 3-7-1998 is liable to be quashed? point:

( 5 ) IT is an admitted fact that the 2nd petitioner issued the notification on 15-3-1998 for recruitment to various teacher posts, including the Secondary Grade teachers (Telugu Medium) by DSC, 1998. The respondents belong to Warangal District. The notification indicated 1725 posts of secondary Grade Teachers (Telugu Medium) in Warangal District. The respondents applied for the said posts, but their applications were rejected after noticing that they did not study Telugu as first language up to SSC or studied up to SSC in Telugu medium. When the respondents approached the Tribunal by filing O. A. No. 1508 of 1998, the Tribunal passed the interim order on 27-3-1998, which reads as follows: considering the submissions made by the learned Counsel for the applicants the respondents are directed to receive the applications of applicants and permit them to write the examination and if they

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