IMPORTANT POINT
IMPORTANT POINT
When a post earmarked for SC (Women) is vacant, it must be filled by the next eligible SC (Male) candidate, and administrative delays cannot unjustly affect promotions.

ORDER :

(T. Madhavi Devi, J.) :

In this Writ Petition (TR), the petitioner is seeking to call for the records relating to the proceedings Rc.No.3150/B1/2014 dt.09.01.2015 issued by the 1st respondent and not converting the post of School Assistant (English) from Scheduled Caste (Women) to Scheduled Caste (General) in terms of G.O.Ms.No.2, Social Welfare (SW.ROR1) Department, dt.09.01.2004 and to quash the same as illegal, arbitrary, unjust and contrary to the rules and to declare that the petitioner is entitled for fixation of notional seniority with effect from 27.09.2012 in the category of School Assistant (English) as per the seniority list dt.25.09.2012, instead of his actual promotion date i.e., dt.17.06.2013 with all consequential benefits and to pass such other order or orders.

2. Brief facts leading to the filing of the present Writ Petition (TR) are that the petitioner was initially appointed as a Secondary Grade Teacher during the year 2008 and he belongs to SC community. He was eligible and qualified for promotion to the post of School Assistant (English) as per the Special Rules issued in G.O.Ms.No.11 dt.23.01.2009. The 1st respondent prepared seniority list of S.G.Ts., who are eligible for promotion to the post of School Assistant (English) in Government management schools on 25.09.2012 and the petitioner’s name was shown at Sl.No.15. Promotion counseling was conducted on 27.09.2012, wherein the petitioner has attended and participated along with other candidates. It is submitted that one vacancy of School Assistant (English) was earmarked for SC (Women) but since no SC (Women) candidate was available to be promoted to the said post, the petitioner being the next SC candidate eligible, i.e., SC (Male) candidate and also since his name included in the seniority list at Sl.No.15, he ought to have been considered for promotion to the said post. Therefore, the petitioner immediately made a representation to the concerned authorities to consider his case for promotion by converting SC (Women) post to SC (General) in accordance with G.O.Ms.No.2, Social Welfare (SW.ROR1) Department, dt.09.01.2004. However, the respondents did not consider the case of the petitioner and he was promoted as School Assistant (English) subsequently on 17.06.2013. Therefore, the petitioner submitted his representation to the Collector for notional promotion with effect from 27.09.2012. But since the same was not disposed of, the petitioner filed O.A.No.6248 of 2014 before the Andhra Pradesh Administrative Tribunal (APAT). A counter affidavit has also been filed by the respondents. Vide interim orders dt.29.10.2014, the Tribunal directed the respondents to consider the representation of the petitioner dt.10.06.2013. The respondents, however, rejected the representation of the petitioner vide proceedings dt.09.01.2015 and challenging the said rejection order, the petitioner has amended his prayer in the O.A. After abolition of APAT, the matter has been transferred to the High Court and renumbered as W.P. (TR) No.2947 of 2017.

3. Learned counsel for the petitioner, while reiterating the above contentions, submitted that as per G.O.Ms.No.2, Social Welfare Department, dt.09.01.2004, wherever a post is earmarked for SC (Women), but SC (Women) candidate is not available, the said post shall be filled up with the same group of SC (Male) candidate as that of SC (Women) to which it was originally earmarked. It is submitted that at the relevant point of time, when the G.O. was issued, there was sub-categorization of SC candidates, but subsequently, consequent to the judgment of the Hon’ble Supreme Court, categorization of SC candidates has been removed and if any post which is earmarked to SC (Women) could not be filled up with SC (Women) candidate, the same ought to have been filled up with SC (Male) candidate. He submitted that in the case before this Court, the vacancy has arisen on 25.09.2012 when the seniority list was prepared and promotions were giv