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2008 Supreme(AP) 351

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
L. NARASIMHA REDDY, J.
Koppu Ramesh – Appellant
Versus
A.P. Social Welfare Residential Educational Institutions Society, Hyderabad and another - Respondent
WP Nos.5849 of 2008, 25269 of 2007 and Batch and 2441 and 4084 of 2008
Decided On: 10-06-2008

Advocates:
Advocate Appeared
B. Viswanatha Reddy, Counsel for the Petitioner in WP No.5849 of 2008 and G. Vidya Sagar, Counsel for the Petitioner in WP Nos.25269 of 2007 and batch and 4084 of 2008;
K. Manmohan Mahadeva, Counsel for the Petitioner in WP No.2441 of 2008;
K. Durga Prasad, SC for Social Welfare Residential Educational Institution Society, Counsel for the Respondents in all the Cases.

Headnote:Service Law – Appointment of Teachers on contract basis – Fraudulent and faka appointees – Employees deserved to be given opportunity to submit explanation – Court cannot interfere at the stage of show – Cause notice. (Paras 10,11)

ORDER

It would not be an exaggeration to say that the prime sectors of service, such as, education and health, received greater amount of attention, and functioned more efficiently under the Governments of the past decades, than under those in the recent past. The hope of the people that they would get better services under popular Governments had slowly been eroded. The circumstances, that led to the filing of this batch of writ petitions, would throw some light on this.

2. With an object of providing quality education in public institutions to the students belonging to socially and economically backward category, residential institutions were established under the umbrella of a Society viz., A.P. Social Welfare Residential Educational Institutions Society (for short 'the Society'), 1st respondent herein, formed by the Government itself. The sanctioned strength of teachers in these institutions was 1725. Though a very good beginning was made, the priorities of the Governments, one after the other, have undergone change. Not making regular appointment of teachers against the existing vacancies appears to have been treated as an austerity measure. Between 1996 and 2007, teachers were appointed on contract basis with a salary of Rs.5,000/- per month, even while thousands of crores of rupees were spent on popular, but unproductive schemes. The result is that the 1st respondent could not attract meritorious candidates at that salary, and to meet the necessities, even unqualified candidates were appointed, compromising with the prescribed qualifications. It has also become a hay day for some, to sneak into the service, on the basis of fabricated and fraudulent certificates. The quality of education imparted through such material, is a matter, for anyone to guess.

3. At least at a belated stage, the respondents felt that measures need to be taken, to make regular appointments. G.O. Ms. No.59, Social Welfare Department, dated 10.8.2007, was issued by the Government, enabling the Secretary of the Society to regularize such of the teachers appointed on contract basis between 1996 and 2003, subject to their possessing requisite qualifications. Verification revealed that 372 teachers did not hold the Post Graduation qualification and 42 teachers did not hold the B. Ed. qualification, which is essential for the posts of Residential Teachers. A semblance of exemption was granted to such candidates, on condition that they must acquire these qualifications within the stipulated time. Here again, quality was compromised, but an endeavour was made to bring about orderliness.

4. The examination of the qualifications of the teachers appointed on contract basis disclosed that the certificates produced by the petitioners herein were not genuine. Therefore, the Society had issued show cause notices, on different dates, to the petitioners and certain others, directing them to explain as to why necessary action shall not be taken. While some of the petitioners have submitted explanations, and filed writ petitions thereafter, the others have approached this Court straight away. This Court granted interim orders in all the matters, except in W.P. NO.5849 of 2008, directing that the respective petitioners be continued in service.

5. The petitioners contend that they have approached some of the institutions with a bona fide belief that the education imparted and certificates issued by them are genuine and accordingly obtained the same. They plead that the facility extended by the respondents to those candidates, who did not hold requisite qualifications as mentioned in G.O. Ms. No.59, may be extended to them also.

6. The respondents filed separate counter-affidavits in the respective writ petitions, together with the applications for vacating the interim orders. It is urged that the petitioners in Writ Petition Nos.5849 of 2008 and 25269, 25270, 25271 and 25272 of 2007 have already been removed from service through final orders, dated 23.11.2007, since they di









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