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2024 Supreme(AP) 1218
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
G. RAMAKRISHNA PRASAD, J.
Mandal Peddi Raju and Ors. – Appellants
Versus
The State of Andhra Pradesh and Ors. – Respondents
Writ Petition No. 4267 of 2024
Decided On : 04-03-2024
Advocate Appeared:
For the Appellant : Mandava Abhigna
For the Respondents: GP
IMPORTANT POINT
The compressed examination schedule violated candidates' rights under Articles 14 and 21, denying them adequate preparation time and access to justice.
Headnote:
(A) Right of Children to Free and Compulsory Education (RTE) Act, 2009 - Articles 14, 21, and 21A of the Constitution of India - Writ Petition challenging the examination schedule for APTET-2024 and APTRT-2024 as arbitrary and violative of fundamental rights - Court found that the compressed schedule for the examinations denied candidates reasonable time for preparation and filing objections, violating their right to access justice. (Paras 29, 30)
(B) Examination Schedule - The Court emphasized the necessity of providing reasonable time gaps between examinations to ensure fairness and adequate preparation for candidates. (Paras 29, 30)
Facts of the case:
The Writ Petitioners challenged the close scheduling of APTET-2024 and APTRT-2024, arguing it was arbitrary and prejudicial to their rights.
Findings of Court:
The Court directed the Respondents to revise the examination schedules to allow reasonable time for candidates.
Issues: The main issues were the adequacy of time provided for preparation and filing objections in the examination schedule.
Ratio Decidendi: The Court ruled that the compressed schedule violated Articles 14 and 21, denying candidates a meaningful opportunity to prepare for the examinations.
Result: Writ Petition allowed.
ORDER :
G. Ramakrishna Prasad, J.
1. Heard Sri B. Adinarayana Rao, learned Senior Counsel appearing on behalf of Ms. Mandava Abhigna, Learned Counsel for the Writ Petitioners, assisted by Sri Javvaji Sarath Chandra, Learned Counsel and Sri V.K.Naidu, Learned Government Pleader for Services-III.
2. The prayer sought in the present Writ Petition is as under:
"It is therefore prayed that this Hon'ble Court may be pleased to issue writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the Respondent authorities in proceeding the Examination on 27.02.2024 to 09.03.2024 as per Tentative Schedule-APTET, 2024 under the Andhra Pradesh Teacher Eligibility Test (APTET-2024) Notification issued on 08.02.2024 and further in issuing subsequent AP Teacher Recruitment Test (TRT) Notification No.02/TRC-1/2024, dt.12.02.2024 in a hasty manner as illegal, arbitrary, unjust and inconsistent with the Right of Children to Free and Compulsory Education (RTE) Act, 2009 and the rules thereunder and violative of Art 14, 16 and 21A of the Constitution of India and violative of Principles of Natural Justice and consequently to quash/set aside the aforesaid Andhra Pradesh Teacher Eligibility Test (APTET-2024) Notification dated 08.02.2024 and AP TRT Notification dt.12.02.2024 and to issue fresh AP TET & further AP TRT Notifications in accordance with law and pass such other order or orders as this Hon'ble Court may deem it fit and proper in the circumstances of the case."
3. The Writ Petitioners are candidates aspiring to participate in the APTET-2024 and APTRT-2024 (DSC-2024) for the posts of Secondary Grade Teachers (SGTs). The APTET-2024 (issued on 08- 02-2024) relates to the conducting of Teachers Eligibility Test. The 2nd Notification (issued on 12-02-2024) relates to the conducting of Teacher Recruitment Test for the Teachers, who are qualified in the APTET. This recruitment is for the posts of School Assistants (SAs), Languages, Non-Languages, Physical Education Teachers and Secondary Grade Teachers (SGTs) in the School Education Department. The eligibility for appearing in APTRT (DSC-2024) will depend on the outcome of the marks secured by a candidate, who had appeared in APTET-2024. It can be observed that the above mentioned Notifications were issued in a very close proximity of time (between a gap of four days).
4. This apart, APTET was lastly conducted on 31.10.2011 and 04.05.2018. The APTRT was lastly conducted in the year 2018.
5. The case of the present Writ Petitioners is to the effect that they have necessary Educational qualifications for taking the APTET-2024 and if they qualify in the said examination, upon declaration of result on 14.03.2024, they would be issued the Hall Tickets immediately on the next day, and such candidates will have to appear in APTRT (DSC-2024) on the same day. They would be eligible to appear in the APTRT (DSC-2024) scheduled to be conducted from the next day i.e., from 15.03.2024 up to 30.03.2024. This apart, the Writ Petitioners have also stated that the reasonable period, which ought to have been given for every step in both the Notifications had been compressed by providing unreasonably shorter durations, when compared to the schedules of the Notifications issued in the yester years.
SUBMISSIONS OF THE LD. SENIOR COUNSEL:
6. On 19.02.2024, after having heard the submissions of Sri B. Adinarayana Rao, learned Senior Counsel appearing on behalf of Ms. Mandava Abhigna, Learned Counsel for the Writ Petitioners, Smt. Hema Latha, Learned Assistant Government Pleader for Services-III sought a short adjournment in order to obtain complete Written Instructions in this regard. Consequently, this matter is listed on 21.02.2024, for further consideration.
7. The submissions of Sri B. Adinarayana Rao, learned Senior Counsel on 19.02.2024 is to the effect that for the recruitment of teachers, an additional weightage is given for such candidates, who have passed in Andhra Pradesh
