ORDER :

1. In both these Writ Petitions the challenge is to G.O.Ms.No.70 School Education (Exams) Department, dated 05.11.2018. The prayer in these Writ Petitions is to set aside the G.O.Ms.No.70, dated 05.11.2018, which is issued 10 days after the initial G.O.Ms.No.67 School Education (Exams) Department, dated 26.10.2018.

2. This Court for the sake of convenience, at this stage itself is reproducing the first page of the G.O.Ms.No.70, dated 05.11.2018, hereunder to highlight the area of challenge:

“GOVERNMENT OFANDHRA PRADESH

ABSTRACT

The Andhra Pradesh Teacher Recruitment Test(TRT) for the posts of School Assistants (SAs), Language Pandits (LPS), Physical Education Teachers(PETS), Music Teachers, Craft Teachers and Art& Drawing Teachers and Teacher Eligibility Test cum Teacher Recruitment Test (TETcumTRT) for the posts of Secondary Grade Teachers(SGTS) Scheme of Selection Rules, 2018- Amendment- Orders - Issued.

SCHOOL EDUCATION (EXAMS) DEPARTMENT

G.O.Ms.No. 70

Dated: 05-11-2018

Read the following:

1. G. O. Ms. No. 67, School Education (Exams) Department, dt:26.10.2018.

2. From the Commissioner of School Education, Andhra Pradesh Lr.Rc.No.ESE02-20021/6/2018-RECTMT-CSE, Dt: 27.10.2018.

*****

ORDER :-

In the Government Order 1" read above, The Andhra Pradesh Teacher Recruitment Test(TRT) for the posts of School Assistants(SAs), Language Pandits (LPs), Physical Education Teachers(PETS), Music Teachers, Craft Teachers and Art& Drawing Teachers and Teacher Eligibility Test cum Teacher Recruitment Test (TET-cum-TRT) for the posts of Secondary Grade Teachers (SGTs)-Scheme of Selection Rules, 2018 were issued.

2. In the circumstances stated by the Commissioner of School Education, AP, Ibrahimpatnam in the letter 2nd read above, Government after careful examination of the matter, Government hereby issue the following amendments to the aforesaid Rules issued in G. O. Ms. No. 67, School Education (Exams) Department, dt: 26.10.2018.

AMENDMENTS

1. Para 4(2)(i)(f) Para shall be substituted as follows.

Existing Para	Substituted with
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 (B.O.L) or its equivalent and B.Ed with Telugu as methodology Subject or Telugu Pandit Training or its equivalent.	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 (B.O.L) or its equivalent or a Post Graduate Degree in Telugu and B.Ed with Telugu as methodology Subject or Telugu Pandit Training or its equivalent.

(Highlighted portion is the area of dispute)

3. This Court has heard Sri S.Satyanarayana Rao, learned counsel for the petitioner in W.P.No.10474 of 2021 and Sri P.V.Krishnaiah in W.P.No.10034 of 2021, learned Additional Advocate General Sri P.Sudhakar Reddy for the respondent- State and Sri A. Rajendra Babu, learned counsel for the implead petitioners/respondents 3 to 20 in W.P.No.10474 of 2021 and for implead petitioners/respondents 3 to 18 in W.P.No.10034 of 2021; Sri Bobbili Srinivas, learned counsel for the implead petitioners / respondents 21 to 29 in W.P.No.10474 of 2021 and for the implead petitioners/respondents 19 to 24 in W.P.No.10034 of 2021.

4. Both the learned counsel for petitioners very vehemently argued with great passion that the initial G.O.Ms.No.67, dated 26.10.2018 is issued under the powers delegated under Article 309 of the Constitution of India and that the same cannot be amended by way of executive instructions. It is also argued that if the State wishes to prescribe additional qualifications it had to amend the rules that were prevailing as on the date of the notification. It is argued that these are statutory rules which can only be changed by way of amendment only and ne