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2023 Supreme(AP) 644
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
D. RAMESH, J.
G. Gopala Rao – Petitioner
Versus
State of Andhra Pradesh – Respondent
Writ Petition No. 24198 of 2022
Decided On : 06-07-2023
Advocate Appeared:
For the Petitioner: G. Seena Kumar.
The central legal point established in the judgment is the interpretation of the qualifications prescribed for Language Pandit (Telugu) as per the Special Rules and the application of previous judgments to determine the eligibility of the petitioner for the appointment as Language Pandit Grade-II (Telugu).
Headnote:
Language Pandit - Appointment Eligibility - Special Rules III-By Direct Recruitment : 3. Language Pandit (Telugu) - G.O.Ms.No. 96, Education (SER-II) Department, dated 25.07.2005 and G.O.Ms.No. 44, Education (Services-VII), dated 16.05.2006 - The court discussed the relevant Rule III (3) of the Special Rules, which prescribed qualifications for Language Pandit (Telugu) and the interpretation of the rule in relation to the petitioner's qualifications. The court also referred to a judgment of the Division Bench of the composite High Court and a judgment of the Hon’ble Supreme Court in State of Andhra Pradesh vs. Shaik Mahibulla Sharief, 2017 (5) SCC 237, to support the petitioner's eligibility for the appointment as Language Pandit Grade-II (Telugu). The court directed the respondents to issue appointment orders to the petitioner as Language Pandit Grade-II (Telugu), subject to clarification, as per the Rules, within a period of one (1) month from the date of receipt of the order.
Fact of the Case:
The petitioner filed a Writ Petition challenging the action of the respondents in not appointing him as Language Pandit, Grade-II (Telugu) as per his merit-rank in DSC-2006, alleging that the petitioner's passing of Special Telugu as an additional subject in B.A., degree from Andhra University was considered illegal and arbitrary.
Finding of the Court:
The court found that the petitioner's qualifications were in line with the prescribed qualifications for Language Pandit (Telugu) as per the Special Rules. The court also noted that the Division Bench of the composite High Court and the Hon’ble Supreme Court had previously interpreted similar rules in favor of candidates with qualifications similar to the petitioner's. The court directed the respondents to issue appointment orders to the petitioner as Language Pandit Grade-II (Telugu), subject to clarification, as per the Rules, within a period of one (1) month from the date of receipt of the order.
Issues: The main issue was the eligibility of the petitioner for the appointment as Language Pandit Grade-II (Telugu) based on his qualifications, specifically the passing of Special Telugu as an additional subject in B.A., degree from Andhra University.
Ratio Decidendi: The court relied on the interpretation of the relevant Rule III (3) of the Special Rules and previous judgments to determine the petitioner's eligibility for the appointment as Language Pandit Grade-II (Telugu).
Final Decision: The Writ Petition was disposed of with a direction to the respondents to issue appointment orders to the petitioner as Language Pandit Grade-II (Telugu), subject to clarification, as per the Rules, within a period of one (1) month from the date of receipt of the order.
ORDER :
1. This Writ Petition is filed declaring the action of the respondents in not appointing the petitioner as Language Pandit, Grade-II (Telugu) as per his merit-rank in DSC-2006 on par with other selected candidates of DSC-2006 on the alleged ground that the petitioner passed Special Telugu as additional subject in B.A., degree from Andhra University, as illegal and arbitrary.
2. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Services-III.
3. Facts in Nutshell:
Pursuant to the notification for recruitment of teachers i.e., DSC-2006, dated 14.06.2006 and as per Rules in G.O.Ms.No. 96, Education (SER-II) Department, dated 25.07.2005 and G.O.Ms.No. 44, Education (Services-VII), dated 16.05.2006, the petitioner had submitted his application, dated 15.07.2006 for the post of Language Pandit Grade-II (Telugu). As per Special Rules for the Andhra Pradesh School Educational Sub-ordinate Service (for short ‘the Special Rules’), wherein, the relevant Rule, which prescribed qualifications, reads as under:
III-By Direct Recruitment :
3. Language Pandit (Telugu):
“Must possess a Bachelor Degree with Telugu as main subject or one of the three equal optional subjects or a P.G. Degree or an oriental title or its equivalent and B.Ed., with Telugu as methodology or pundits training or its equivalent.”
4. According to the averments made in the writ petition, the petitioner has passed 10th class with Telugu as first language, Intermediate with Telugu as 2nd language, B.A., Degree with Telugu as 2nd language and Special Telugu as one of the additional subjects along with optional subjects i.e., History, Economics and Politics. He also passed B.Ed., with Telugu and Social Studies as methodology and also passed Special Telugu as Additional subject from Andhra University in the year 2005.
5. As per Rules, for promotion to Telugu Pandit, the individual must possess a Bachelor Degree with Telugu as main subject or one of the three equal optional subjects or a P.G. Degree or an oriental title or its equivalent and B.Ed., with Telugu as methodology or pundits training or its equivalent. As the petitioner has requisite qualification, he applied for the post of Language Pandit Grade-II, accordingly, Hall-ticket No. 03700078 was allotted, and the petitioner appeared for the selection process and his name was included in the provisional selection list of Language Pandit Grade-II (Telugu).
6. Pursuant to the marks obtained in the written test, the 3rd respondent through proceedings in Rc.No. 345/A1/2006, dated 15.11.2007, informed that the petitioner has selected for the post of Language Pandit Grade-II and directed to attend the counselling scheduled on 20.11.2007 at Z.P. meeting hall, Visakhapatnam along with original certificates for verification and accordingly, he attended the counselling. On the same day, the respondents issued proceedings, vide Rc.No. 345/A1/2006, dated 20.11.2007 informing that the selection of the petitioner for the post of Grade-II Language Pandit (Telugu) is withheld, until further orders to be issued by the Director of School Education, Andhra Pradesh, regarding eligibility of single/additional subject for selection to the post of Grade-II Language Pandit (Telugu). Accordingly, the 3rd respondent addressed a letter to the Director of School Education for clarification of qualification. Though, the petitioner has acquired requisite qualification, the respondents neither rejected his selection for the post of Language Pandit Grade-II (Telugu) nor issued any appointment order, till now. Aggrieved by the same, the petitioner filed the present Writ Petition.
7. Based on the above pleadings, learned counsel for the petitioner has mainly relied on the Rule-III (3) of the Special Rules, which described the qualification that is required for Language Pandit (Telugu). According to the said Rule, the petitioner is fully qualified and eligible. He further contends that initially the petitioner passed B.A
