IMPORTANT POINT
The court established that qualifications can be relaxed based on practical job requirements and previous judicial decisions.

ORDER :

(K. Manmadha Rao, J.) :

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

“…pleased to issue a Writ, order or direction more particularly one in the nature of Writ of MANDAMUS. (a) By declaring the entire action of the respondents, particularly the entire action of the 2nd respondent in issuing the present impugned order vide proceedings NO.869/A1/2022 dated 8-2-2022, (and same is kept in the website of 3rd respondent on 10-2-2022 in the afternoon hours) wherein straight away posting the petitioner in the lower post as an office sub ordinate and treating him as typist up to 24-1- 2022 with retrospective effect, instead of regularizing the services of the petitioner and not declaring probation in the cadre of Typist with other benefits, despite of possessing qualifications, such as Degree in B.Tech Computer Science Engineering, and also acquired English Lower Grade Typewriting as well as compute course certificate of MS Office, C.C. plus plus ., on the untenable ground that, the petitioner did not acquired typewriting Higher Grade in Telugu qualification which was prescribed in his order of appointment dated 09.01.2017 is as highly illegal, arbitrary, unjust, improper, discriminatory, and contrary to the recent Division Bench judgment of this Hon'ble court in WP No.11321/2019, dated 14.8.2019 r/w recent judgment dated 16.04.2021 in WP No.17966/2020 including orders in OA No. 2201/2014, dated 2.9.2014, as well as relaxation orders issued in favor of similarly situated vide GO.Ms.No.11 dated 29-2-2008 and GO.Ms.No.68 dated 11-3-2010 in the same subject matter and set aside the present impugned orders of the 2nd respondent dated 8-2-2022. (b) And consequently to direct the respondents to forthwith regularize the services of the petitioner w.e.f his date of joining into duty as Typist and declare his probation with all consequential benefits without taking account of passing of Typewriting qualification in Telugu Higher Grade, in view of similar relaxation orders which was granted in favor of certain class of employees vide G.O.Ms.No.116 GA (Ser.B) Dept. dated 29.2.2008 and G.O.Ms.No.68 dated 11.03.2010 and in view of acquiring Degree in B.Tech Computer Science Engineering, and computer course certificate of MS Office, C, C plus plus as well as Typewriting in English Lower Grade in view of law laid down by Division Bench of this Hon'ble Court in WP No.11321/2019, dated 14.08.2019, r/w recent orders dated 16.04.2021 in WP No.17966/2020 as well as orders in OA No.2201/2014, dated 02.09.2014 of the erstwhile APAT in the same subject matter, without reference to the present impugned orders dated 8-2-2022 of the 2nd respondent and to pass….”

2. Brief facts of the case are that the father of the petitioner was died in harness, while he was working as a Head Warder, Central Prison, Kadapa. Consequent to death of the petitioner’s father, he made a representation to the 1st respondent by enclosing all necessary documents for appointment to suitable post on compassionate grounds. On 09.01.2017, the petitioner was appointed as a Typist vide proceedings Ref No.A3/2300/2016. However, at the time of issuing appointment orders it was mentioned that the petitioner has to produce the Telugu Typewriting Higher Grade qualification with the time frame allowed. The petitioner could not obtain the higher grade qualification within the time allowed. Then, the 2nd respondent extended two (2) more years to acquire Typewriting Higher Grade in Telugu vide proceedings dated 05.03.2019 and subsequently granted one (1) more year and the said grace period was expired. Then, the 2nd respondent addressed a letter No.APTS/7490/A1/2021 dated 20.12.2021 for granting one more attempt to appear for technical examinations which are going to be held during February 2022. Due to COVID-19, the Board of Technical Education cancelled the type writing examination during February 2022. Even after that, the petitioner could no