Back
2021 Supreme(AP) 156
IN THE HIGH COURT OF ANDHRA PRADESH
Kongara Vijaya Lakshmi, J.
Rajeswari Bojjagani and ors. – Petitioners
Versus
The State of Andhra Pradesh and ors. – Respondents
Writ Petition Nos.9118, 9164, 11961, 17367 and 17864 of 2020
Decided On : 25-03-2021
Advocate Appeared:
For the Petitioner: T S Rayalu
Point of Law: Government issued a notification in exercise of the powers under Article 309 of the Constitution of India, according to which, the candidates possessing any qualification equivalent to any higher qualification recognized by the government or NCTE are also eligible for appointment in the service
Headnote:
Constitution of India, 1950 - Article 309 - Recruitment process to the post of School Assistant - Posts only is nothing but illegal and arbitrary - Petitioners who are eligible pursuant to amended impression that State will take care and complete recruitment process in meanwhile Tribunal was abolished challenging interim orders passed by Tribunal in Department has filed before Division Bench of this Court said writ petition was disposed observing as follows On perusal of aforesaid it is revealed that while entertaining original application Tribunal issued interim direction to accept application forms candidates as per amended notification but directed Government not to announce result of those candidates –
Finding of the Court:
Issue as to whether recruitment process has to be proceeded in accordance with can only be decided - As said OA is still pending and as there is an interim direction not to declare results candidates who applied pursuant to results of candidates cannot be declared at this stage - It is relevant to mention herein that writ petition filed by government challenging interim order of Tribunal was dismissed - However an interlocutory application has been filed seeking review said order - Unless said order is reviewed itself is disposed of respondents cannot proceed with selection - Even though there are only two applicants in OA who according to petitioner become ineligible respondents cannot proceed with selection - Ultimately if is allowed all Post Graduate degree holders who applied pursuant to would become disqualified - On other hand is dismissed all candidates who are having Post Graduate degrees and who applied pursuant to would become eligible - As there is an interim direction not to declare results of candidates who applied pursuant to writ petition filed by Government is dismissed said order of Tribunal holds field as on today –
Result: Petition dismissed
ORDER :
As the issue involved in all the writ petitions is one and the same, they are being disposed of by this common order.
2. Heard Sri Subba Rao Korrapati, learned counsel for the petitioners in WP No.9164 of 2020, Sri A. Rajendra Babu, learned counsel for the petitioners in WP No.17864 of 2020, Sri T.S. Rayalu, learned counsel for the petitioners in WP No.9118 of 2020, Sri Bobbili Srinivas, learned counsel for the petitioners in WP No.17367 of 2020, Mrs. M.L.Neelima, learned counsel for the petitioners in WP No.11961 of 2020, Sri Ponnavolu Sudhakar Reddy, learned Additional Advocate General, appearing for respondents 1 and 2 and Sri S.Satyanarayana Rao, learned counsel for impleaded respondents in WP Nos.9118 and 9164 of 2020. Perused the record.
(i) WP Nos.9118, 9164, 17367 and 17864 of 2020 are filed ‘to declare the impugned Memo dated 20.05.2020 issued by the 2nd respondent to all the DEO’s in the State to complete the recruitment process to the post of School Assistant (Telugu) and Language Pandit (Telugu) in accordance with G.O.Ms.No.67, School Education Department dated 26.10.2018 in spite of pending review IA No.1 of 2020 in WP No.19757 of 2019, as illegal and arbitrary.’
(ii) WP No.11961 of 2020 is filed ‘to declare the action of the respondent authorities in not proceeding with the recruitment process for the posts of School Assistant (Telugu) and Language Pandit (Telugu) in spite of issuing impugned memo dated 20.05.2020 and instructing all the DEO’s in the State to complete the recruitment process in accordance with G.O.Ms.No.67 SE Department dated 26.10.2018 under the guise of orders in WP Nos.9164 and 9118 of 2020 dated 26.05.2020, wherein this Court passed interim orders to reserve 33 posts only, is nothing but illegal and arbitrary.’
3. Case of the petitioners in WP No.9118, 9164, 17367 and 17864 of 2020 is that, Government has issued G.O.Ms.No.67 dated 26.10.2018 for Teacher Recruitment Test (TRT) for the posts of School Assistants (SA), Language Pandits (LPs) etc.; as per G.O.Ms.No.67 dated 26.10.2018, Rule 4(2)(i)(f) and Rule 4(2)(ii)(a), prescribes a qualification for the post of School Assistant (Telugu) and Language Pandit (Telugu), which is as follows:
“Must possess a bachelor’s degree with Telugu as the main subject or one of the three equal optional subjects or Bachelor’s degree in Oriental language in Telugu (BOL) or its equivalent and B.Ed., with Telugu as methodology subject or Telugu Pandit training or its equivalent”.
Government has issued an amendment to G.O.Ms.No.67 dated 26.10.2018 through G.O.Ms.No.70 dated 05.11.2018 and by virtue of it, the candidates who are possessing Post Graduate Degree in Telugu are also made eligible; challenging the said amendment issued vide G.O.Ms.No.70 dated 05.11.2018, certain candidates have filed OA No.2516 of 2018 before the A.P. Administrative Tribunal (for short ‘the Tribunal’); the Tribunal passed the following interim order on 16.11.2018.
“Pending further orders in O.A., the respondents may accept the applications of the candidates who are eligible as per the amended version of the notification vide G.O.Ms.No.70 dated 05.11.2018, but the results shall not be announced.”
The petitioners, who are eligible, pursuant to amended G.O.Ms.No.70, were under the impression that the State will take care and complete the recruitment process; in the meanwhile, the Tribunal was abolished; challenging the interim orders passed by the Tribunal in OA No.2516 of 2018 dated 16.11.2018, the Department has filed WP No.19757 of 2019 before the Division Bench of this Court; the said writ petition was disposed of on 13.12.2019 observing as follows:
“On perusal of the aforesaid, it is revealed that while entertaining the original application, the Tribunal issued interim direction to accept the application forms of the candidates as per the amended notification dated 05.11.2018, b
