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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
DR JUSTICE K MANMADHA RAO, J
B. Padmaja – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
K MANMADHA RAO, J.
The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
“…..to issue a Writ, Order or Director more particularly one in the nature of Writ of Mandamus to declare the action of the 3rd respondent in rejecting the petitioner candidature for the post of School Assistant (Biology) in the L.P.C.T Gujarati Vidyalaya (E.M), High School, Vijayawada-1, Krishna District, vide Rc.No.1504/A1/2021, dated 07.09.2021 despite recommendation by the 5th and 6th respondents is arbitrary, illegal, violation of violation of fundamental rights guaranteed under Art 14, 16, 19 and 21 of Constitution of India and violation of Statutory Rules issued vide G.O.Ms.No.38, dated 19.11.2014, G.O.Ms.No.67, dated 26.10.2018 and G.O.Ms.No.15, dated 01.02.2019; consequently set aside Proceeding Rc.No.1504/A1/2021, dated 07.09.2021 and declare the petitioner is eligible to be promoted as School Assistant (Biology) in the L.P.C.T Gujarati Vidyalaya (E.M), High School, Vijayawada-1, Krishna District and direct the respondents to appoint the petitioner for the post of School Assistant (Biology) in the L.P.C.T Gujarati Vidyalaya (E.M), High School, V
The rejection of a qualified candidate for promotion to School Assistant (Biology) was arbitrary and violated statutory rules and fundamental rights, necessitating the appointment of the petitioner.
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Once the learned Single Judge having seen the records had come to the conclusion that the industry was not functioning after January, 1995, there is no justification in entering a different finding w....
Point of law : Court cannot substitute the statutory qualification, which is not otherwise provided under the relevant provisions, which prescribe the essential qualification for appointment to the p....
Point of law: The word “equivalent” must be given a reasonable meaning. By using the expression “equivalent” one means that there are some degrees of flexibility of adjustment which do not lower the ....
Teacher training qualification mandatory at appointment time under statutory rules; subsequent acquisition does not validate; executive resolutions cannot override rules.
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