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2022 Supreme(AP) 960
ANDHRA PRADESH HIGH COURT AT AMARAVATI
K. Manmadha Rao, J.
Ambati Rajesh & Ors. – Appellants
Versus
State of Andhra Pradesh & Ors. – Respondents
Writ Petition Nos. 23976, 23855 and 24270 of 2020
Decided On : 08-07-2022
Thota S.V.L. Narasimhaswamy, Advocate, for the Appellant; GP, for the Respondents
There is no necessity to furnish Nativity (Agency Area) Certificate from the concerned Tahsildars in addition to the nativity certificates and caste certificates already submitted.
Headnote:
EDUCATION - TEACHER RECRUITMENT - NATIVITY CERTIFICATE - [RULE 19(V) AND (VI) OF G.O. MS. NO. 67 SE (EXAMS) DEPARTMENT, DATED 26.10.2018] - The court held that there is no necessity to furnish Nativity (Agency Area) Certificate from the concerned Tahsildars. The petitioners have furnished nativity certificates and caste certificates etc., would speak the volume that the petitioners are residents of Agency Area respectively since times immemorial, which is not disputed by the respondent authorities, but insisting Nativity (Agency Area) Certificate separately. Therefore this Court feels that the petitioners have submitted sufficient required documents as per notification, which is sufficient and no need to expect further certificates.
Fact of the Case:
The petitioners, belonging to the Schedule Tribe community, applied for the post of Secondary Grade Teachers (SGTs) notified by the 2nd respondent. They were asked to submit the Local Schedule Area Certificate from 50 years, but the Revenue Authorities have not been issuing the same. The petitioners obtained a list of Habitations Mandal wise in Vizianagaram District, among them are the areas included where the petitioners are residing since generations together. But the respondents failed to consider the same.
Finding of the Court:
The court found that the petitioners have produced nativity certificates and caste certificates at the time of provisional selection to the respondent authorities, but they failed to consider the same and insisted the petitioners to obtain Nativity (Agency Area) Certificate from the concerned Tahsildars, which they are not furnished. Therefore the petitioners have not produced such certificate.
Issues: Whether the petitioners are required to furnish Nativity (Agency Area) Certificate from the concerned Tahsildars in addition to the nativity certificates and caste certificates already submitted.
Ratio Decidendi: The court relied on the decision of the Division Bench of this Court in 'S. Vijay Kumar Vs. District Educational Officer and Others' 2013 LawSuit (AP) 752, wherein it was held that there is no necessity to submit any other certificate in proof of his nativity. The court also noted that the petitioners have furnished nativity certificates and caste certificates etc., would speak the volume that the petitioners are residents of Agency Area respectively since times immemorial, which is not disputed by the respondent authorities.
Final Decision: The court directed the respondents to consider the candidature of the petitioners for appointment as Secondary Grade Teachers (Telugu) as per the notification stated supra without insisting the petitioners to produce Nativity (Agency Area) Certificate further in the matter, within a period of six (06) weeks from the date of receipt of a copy of this order.
JUDGMENT
Dr. K. Manmadha Rao, J. - Writ Petition No. 23976 of 2020 is filed under Article 226 of the Constitution of India, claiming the following relief:
'.....Issue an order or direction more particularly one in the nature of writ of Mandamus declaring the impugned action of the respondents, in not considering the candidature of the petitioners for appointment as Secondary Grade Teacher (Telugu), notified vide Notification No. 768/TRC-1/2018, dated 26.10.2018, in the guise of non-submission of Nativity (Agency Area) Certificate of petitioner's forefathers in proof of their nativity and pass such other orders.
Writ Petition No. 23855 of 2020 is filed under Article 226 of the Constitution of India, claiming the following relief:
'.....Issue an order or direction more particularly one in the nature of writ of Mandamus declaring the impugned action of the respondents, in not considering the candidature of the petitioners for appointment as Secondary Grade Teacher (Telugu), notified vide Notification No. 768/TRC-1/2018, dated 26.10.2018, in the guise of non-submission of Nativity (Agency Area) Certificate of petitioner's forefathers in proof of their nativity and pass such other orders.
Writ Petition No. 24270 of 2020 is filed under Article 226 of the Constitution of India, claiming the following relief:
'.....Issue an order or direction more particularly one in the nature of writ of Mandamus declaring the impugned action of the respondents, in not considering the candidature of the petitioners for appointment as Secondary Grade Teacher (Telugu), notified vide Notification No. 768/TRC-1/2018, dated 26.10.2018, in the guise of non-submission of Nativity (Agency Area) Certificate of petitioner's forefathers in proof of their nativity and pass such other orders.
2. Since the facts and issue involved in both the writ petitions is one and the same, I find it expedient to decide both the matters by common order.
3. For the sake of convenience, W.P. No. 23976 of 2020 is taken as leading case.
4. Heard Mr. T.S.V.L. Narasimha Swamy, learned counsel for the petitioners and learned Government Pleader for Services-III for the respondents.
5. The brief case of the petitioners in W.P. No. 23976 of 2020 is that they are Schedule Tribe community and possess D.El.Ed (Diploma in Elementary Education) and D.Ed (Diploma in Education). The 2nd respondent issued Notification No. 768/TRC-1/2018, dated 26.10.2018 for the post of Secondary Grade Teachers (SGTs). As the petitioners were eligible, they applied for the said post. The petitioners have undergone all their education in Scheduled Areas (Agency Areas) in Vizianagaram District and they have been residing there since time immemorial. The petitioners were asked to submit the Local Schedule Area Certificate from 50 years, but the Revenue Authorities have not been issuing the same, therefore the selection for DSC-2018 was stalled at the stage of certificate verification. The petitioners made representation by explaining the above said reasons to the revenue authorities, but in vain. The petitioners obtained list of Habitations Mandal wise in Vizianagaram District, among them are the areas included where the petitioners are residing since generations together. But the respondents failed to consider the same, which is illegal and arbitrary. Hence this writ petition came to be filed.
6. Per contra, the respondents 1 to 4 filed counter by denying all material averments made in the writ affidavit and mainly contended that pursuant to G.O. Ms. No. 67 SE (Exams) Department, dated 26.10.2018 issued by the Government, the 2nd respondent issued notification dated 26.10.2018 for filling up 6397 vacant teacher posts of all categories in the state and 186 SGT posts notified in Vizianagaram District as per notification. As per Rule 19(v) and (vi) of G.O. Ms. No. 67 SE (Exams) Department, dated 26.10.2018, local scheduled tribe candidates shall only be considered for selection and appointment against the vacancies in schedule
