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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Ninala Jayasurya, J.
Chinnam Naidu Kollana – Petitioner
Versus
The State of Andhra Pradesh – Respondent
Writ Petition No. 14593 of 2019
Decided On : 02-12-2021
Constitution of India, 1950 – Articles 14, 16, 21, 21-A – Equality before law – Equality of opportunity in matters of public employment – Right to Protection of Life and personal liberty – Whether qualification of Intermediate is essential for post of School Assistant (Social Studies) and Clarificatory Orders allowing direct Degree candidates for selection to said posts, though they are not possessing Intermediate qualification is sustainable –Held, Judgment sought to be relied on by learned Assistant Government Pleader in Helen Thilakom’s case (referred supra) is not applicable to facts of case on hand – It is a case, where unsuccessful candidate, having participated in selection process and failed to succeed in selection process, challenged same, Hon’ble Supreme Court held that having taken part in selection process and being found lower in merit, a candidate cannot be permitted to turn around and claim that post could not be filled up in by direct recruitment – In present case, petitioners are not challenging Notification, but, Clarificatory Orders and this Court is of opinion that they are justified in doing so – Accordingly, this Court has no hesitation to hold that possession of Intermediate Certificate/ Intermediate qualification is a “Must” for selection to post of School Assistant (Social Studies) and impugned Clarificatory orders are contrary to Rules and therefore, same are set aside – Writ petition allowed.
ORDER :
The present writ petition is filed seeking to declare the Clarification Orders issued by the 2nd respondent vide Rc.No.ESE02- 20021/6/2018-RECTMT-CSE dated 08.07.2019 and Rc.No.2615972/TRC- 1/2019 dated 08.08.2019 wherein it is clarified that Intermediate is not required for the post of School Assistant (Social Studies) as contrary to Rule 13 (1) (b) (i) of Notification No.768/TRC-1/2018 dated 26.10.2018 and Rule 4(1) (b) (i) of G.O.Ms.No.67 dated 26.10.2018 issued by the School Education (Exams) Department, illegal, arbitrary, unconstitutional, violative of Articles 14, 16, 21 and 21-A of the Constitution of India and for a consequential direction to set aside the same and to grant declaratory reliefs as prayed for.
2. Heard Mr.Thandava Yogesh, learned counsel for the petitioners, learned Government Pleader for Services-III, representing respondent Nos.1 to 4 and Mr.K.Jyothi Prasad, learned counsel appearing for respondent Nos.5 and 6. With the consent of the learned counsel for the parties, the main writ petition is being disposed of.
3. The point for consideration, in the present writ petition is whether the qualification of Intermediate is essential for the post of School Assistant (Social Studies) and the Clarificatory Orders allowing the direct Degree candidates for selection to the said posts, though they are not possessing the Intermediate qualification is sustainable?
4. The undisputed facts which are relevant for the purpose of adjudicating the matter may be stated thus:
The 2nd respondent-Commissioner of School Education issued Notification No.768/TRC-1/2018 dated 26.10.2018 for 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 TET-cum- TRT for the posts of Secondary Grade Teachers (SGTs). The eligibility for each category of the posts, reservations, mode of selection, pattern of examination including duration, total marks and qualifying marks and other procedure to be followed in selection are set out in G.O.Ms.No.67, Education Department dated 26.10.2018.
5. The petitioners applied for the posts of School Assistant (Social Studies) and the examination was conducted on 06.12.2018 and 10.12.2018. Basing on the performance in the examination, the petitioners and respondent Nos.5 and 6 were qualified for the said posts. During the Certificate verification, the 4th respondent-District Education Officer, noticed that the 5th and 6th respondents do not possess Intermediate qualification and addressed a communication in Lr.Rc.No.5540/A3/2019 dated 27.07.2019 to the 2nd respondent- Commissioner of School Education, seeking clarification. Pursuant to the same, the 2nd respondent-Commissioner of School Education, issued proceedings dated 08.08.2019, the relevant portion of which reads as follows:
| Sl. No. | Clarification requested | Clarification issued |
| 1 | Whether the candidates who are not having Intermediate and other wise eligible for School Assistants shall be considered for the post of School Assistant. | Clarification was issued vide Pr.Rc.No.ESE02- 20021/6/2018-RECTMT-CSE dt.08.07.2019 to all the Selection Committees of DSC-2018 for allowing the Direct Degree Candidates even if not having Intermediate Qualifications(Copy enclosed). Hence, the DEO, Visakhapatnam is requested to take necessary action for considering such Candidates in Selections of DSC-2018. |
Prior to the above said proceedings, the 2nd respondent-Commissioner of School Education, issued proceedings dated 08.07.2019 which reads as follows:
“The attention of the Regional Joint Director of School Education, Kakinada is invited to the reference 5th read above and he is requested to consider the eligibility with Direct Degree Candidates who are not having the Intermediate qu
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