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2025 Supreme(AP) 812

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Challa Gunaranjan, J.
Adalam Sireesha, D/o. A.Ramoorthy Reddy - Petitioner
Versus
The State of Andhra Pradesh, Rep. by its Principal Secretary Education Department and ors. - Respondents
Writ Petition No : 12951 OF 2023
Decided On : 30-06-2025

Advocates Appeared:
For the Petitioner: Sri G V Shivaji
For the Respondent: GP for services I

Candidates must cumulatively meet eligibility criteria for recruitment, and delays in certificate verification, especially during exceptional circumstances, cannot justify denial of consideration for selection.

Headnote:(A) Constitution of India - Articles 14 and 16 - Writ of Mandamus - Denial of appointment to School Assistant post due to delayed verification of service certificate - Court declares the action arbitrary and illegal. (Paras 1, 13)

(B) Recruitment Rules - The weightage marks must be granted if eligibility criteria are met cumulatively, despite technical delays, especially during pandemic scenarios. (Paras 12, 14)

Facts of the case:
The petitioner, despite scoring 56.8 marks but entitled to 5 weightage marks for past service, was not considered for selection due to late verification of her service certificate.

Findings of Court:
Petitioner’s score, including weightage marks, should be considered for appointment, recognizing the delay was not her fault.

Issues: Whether the delay in certificate verification justifies denial of weightage marks crucial for selection.

Ratio Decidendi: The court emphasized that the minimum marks requirement for consideration must account for weightage; mere technical delays should not disadvantage candidates.

Result: Writ petition allowed; respondents directed to consider petitioner for selection and create a supernumerary post if necessary.

Table of Content
1. writ petition seeks mandamus against respondents. (Para 2)
2. petitioner claims qualifications and details about the selection notification. (Para 3)
3. respondents counterclaim based on merit and service verification delays. (Para 4 , 5)
4. petitioner argues for consideration despite delays in verification. (Para 6 , 7)
5. court analyzes recruitment rules regarding weightage marks. (Para 8 , 9 , 10 , 12)
6. court finds the rejection based on delay unjustified. (Para 11 , 13)
7. court cites precedence in similar case allowing weightage consideration. (Para 14)
8. writ petition allowed; petitioner to receive weightage for selection. (Para 15)

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/TRC-1/2018, 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 and contrary to the judgment of the Hon’ble Supreme Court in Dolly Chanda 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 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.A., M.Ed. (Telugu) besides Special B.Ed. (hearing impaired). She has been working as Teacher at S.V. School for Deaf, which is under control of Tirumala Tirupati Deveasthanams (“T.T.D.”) since 08.09.2008. 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 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, 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 we

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