ORDER :

This writ petition is filed under Article 226 of the Constitution of India for the following relief:-

“…to call for the records relating to the vide Proc.Rc. No.7795-A1/2016-1, dated 4.10.2016 issued by the 1st respondent, as illegal, arbitrary, violation of Articles 14 and 21 of the Constitution of India despite the fact that there is no fault on the part of the applicant and consequently seeking directions to continue her as SGT in service with continuity of service with all consequential benefits and pass such other order or orders…….”

2. Brief facts of the case are that 3rd respondent has issued DSC-2014 Notification for filling up of various categories of Teacher posts. Out of 746 posts, OC(G), OC(W), SC (General) and SC (Women) were distributed as 151, 84, 52 and 26 respectively. The petitioner herein belongs to SC Community. She was allowed to participate in selection process pursuant to the said Notification through HT No.14499010402109 to the post of SGT. Thereafter, the respondents published the merit list which shows that the petitioner secured 103.16 marks and assigned District Rank 1006 under SC category. Accordingly, she was called for certificates verification along with others and she was issued appointment orders vide proceedings dated 31.05.2016 and posted at DEO Pool without giving any particular place of posting. Later, she was temporarily adjusted at MPPS, Bhagavanpuram, vide proceedings, dated 15.06.2016. Accordingly she joined duty and discharging her duties without any complaints whatsoever from any corner.

While the matter stood thus, 1st respondent issued the impugned order dated 04.10.2016 terminating the petitioner from service and it was made in terms of the directions of 3rd respondent and also in terms of the order in O.A.No.2667 of 2016 passed by the A.P. Administrative Tribunal. It is further stated that 1st respondent before implementing the instructions of 3rd respondent, will have to re-cast the selections made in SC category from Open to Reservations, the vacancy particulars mentioned at para-6(b) and found that the petitioner’s appointment was mistaken and her services can be terminated. But, simply issuing a show cause notice and terminating her from service through impugned order, is highly illegal and arbitrary. Hence, the present writ petition has been filed.

3. The counter affidavit has been filed by the respondents denying all the allegations made in the petition and inter alia contended that one Sri T. Ananda Sekhar belongs to SC category and local candidate of E.G. District appeared for TET-cum-TRT-2014 examination for the post of SGT (Telugu) and secured marks 114.6 and got 437 rank and he was provisionally selected for the said post under SC (General). The petitioner herein appeared for verification of original certificates and submitted her certificates. On verification of certificates, it is identified that the TET-2011 weightage was included in the marks which was secured in TET-cum-TRT-2014 and found that the candidate passed Paper-I of TET-2011 without qualification of the D.Ed., which is required for the post of SGT even the candidate not joined in the D.Ed. Course at the time of TET-2011. Thereafter, the Commissioner of School Education, A.P., Hyderabad issued clarification on 09.03.2016 and 28.03.2016 that “the candidate passed the TET examination before acquiring the D.Ed., examination. Hence, he is not eligible for TET cum-TRT-2014” and with regard to the above said T.Ananda Sekhar, his candidature may be rejected by issuing a detailed speaking order to the candidate with the approval of the DSC-2014. In view of the rejection order, the said Anand Sekhar has preferred O.A. No.2667 of 2016 before the A.P. Administrative Tribunal seeking to consider his case. The above prayer was also submitted to the Commissioner of School Education, A.P. and requested for clarification on 01.09.2016. Accordingly, the Commissioner, after re-examining the matter, issued instructions v