Weightage marks for prior service should be considered cumulatively with exam scores; denial based on verification delays not caused by the candidate is arbitrary and illegal.

ORDER :

Challa Gunaranjan, J.

The present writ petition is filed seeking the following relief :

“to issue a writ, order or direction, more particularly, one in the nature of writ of Mandamus declaring the impugned action of the respondents in not considering the petitioner for selection and appointment to the post of School Assistant notified in Notification NO.768/TRC1/2018, dated 15.02.2019, though petitioner got merit marks and by denying service weightage marks to the petitioner only on the ground that the genuineness of service certificate about service particulars of the petitioner were not confirmed by the authorities and delay for 2 days, as highly illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India, contrary to the judgment of the Hon’ble Supreme Court in Dolly Chandha and further action in not considering petitioner for appointment while considering similarly situated candidates as per orders of this Hon’ble Court in W. P. No.19289 of 2020, dated 13.07.2022, as arbitrary and to pass....”

2. Heard Sri G.V. Shivaji, learned counsel for the petitioner and learned Assistant Government Pleader for respondents.

3. Petitioner possess qualification of M.Com and Special B.Ed.(hearing impaired). He has been working as Junior Lecturer in Commerce at S.V. College for Deaf, which is under control of Tirumala Tirupati Deveasthanams (“T.T.D.”) since 17.08.2009. The said appointment is contractual in nature. Notification No.768/TRC-1/2018, dated 15.02.2019, came to be issued by 2nd respondent for recruitment to the post of School Assistants (Special Education) under Inclusive Education for Disabled at Secondary Stage (IEDSS) under the Andhra Pradesh Samagra Shiksha (SMS). As per the said notification, the recruitment shall be through selection process consisting of written test and other criteria and for School a Assistant (Special Education), total marks prescribed are 100 for written test (Teacher Eligibility Test-cum-Teacher Recruitment Test) (TET-CUM- TRT). It also provided that 5 marks shall be awarded as weightage to Inclusive Education Resource Teachers (“IERTs”), who are working in Sarva Shiksha Abhiyan. Subsequently, 1st respondent issued G.O.Ms.No.31, School Education (Exams.) Department, dated 06.05.2019, amending Rule 11 of the Andhra Pradesh Samagra Shiksha (SMS) Scheme of Selection Rules, 2019 (for short, “the Rules, 2019”), inter alia, adding Note-V under Rule 6, by which, weightage marks have been extended to not only IERTs, but also IEDSS working in T.T.D. run institutions. Petitioner appeared for examination held on 31.05.2019. Later, candidates were called upon to upload service certificates from respective institutions for the purpose of verification and awarding weightage marks. Petitioner submitted service certificate, dated 14.10.2019, issued by the 5th respondent. The verification process was conducted by respondents, for which, petitioner was called upon to attend the process on 11.12.2019, on which date, the originals were submitted. The certificate produced by petitioner was sent for verification to ascertain the genuineness of the same. However, nothing has transpired ^thereafter despite repeated requests and follow-ups from the petitioner. As 4th respondent started to proceed with selection without taking into consideration the weightage marks, petitioner addressed e-mail, dated 03.07.2020, seeking some more time to follow-up the issue. Ultimately, petitioner could succeed to get necessary genuineness certificate be uploaded with 3rd respondent