IMPORTANT POINT
The examination for the Art Teacher post must be conducted in both English and Telugu as per the notification, ensuring fairness and adherence to procedural guidelines.

ORDER :

(Pulla Karthik, J.)

1. This Writ Petition is filed seeking to declare the action of respondent No. 1 in not conducting Examination dated 01.08.2023 in Telugu language for the post of Art Teacher in Residential Educational Institutions Societies, as illegal and arbitrary.

2. Heard Sri Bhaglekar Akash Kumar, learned counsel for the petitioner, Sri Nayakwadi Ramesh, learned counsel appearing for the first respondent, and the learned Government Pleader for Services appearing for the second respondent.

3. Learned counsel for the petitioner has submitted that the first respondent has issued notification No. 6/2023 dated 05.04.2023 inviting applications from eligible candidates, pursuant to which, the petitioner has applied for the post of Art Teacher, appeared for the examination conducted through online mode on 01.08.2023. Learned counsel has contended that though in the Notification it was categorically mentioned that the question paper is bilingual i.e. in English and Telugu, but the question paper did not contain the questions in Telugu language and only contained in English, contrary to the notification, due to which, the petitioner could not write the exam properly. Therefore, non-conducting of the examination in Telugu language is violative of Schedule-VIII of Constitution of India, which recognizes Telugu as one of the languages and also violative of Article 14 of the Constitution of India as by providing the question paper only in English language, the respondents have discriminated against the candidates knowing Telugu. Therefore, it is prayed to allow the Writ Petition. In support of his submissions, learned counsel has relied on K. Manjusree v. State of Andhra Pradesh, 2008 INSC 195 : (2008) 3 SCC 512.

4. Per contra, the learned Standing Counsel has submitted that the all the Residential Institutions working under the five Residential Societies are English Medicum Institutions and run with an objective to maintain the vocabulary and coaching patter, the teachers have to teach in English only to compete with that of the students studying in private and corporate English Medium schools. Learned Standing Counsel while admitting that the examination was conducted in English language only, has contended that during the previous direct recruitment conducted by the TSPSC to the post of Art Teacher under notification No. 17/2017 dated 14.04.2017, the question paper was given only in English language and the selected candidates in the previous recruitment were appointed and working since last six years without any grievance. It is further stated that the candidates who will be called for an interview/demonstration in the ratio of 1:2 will be asked to demonstrate before the Board in English language only and not in Telugu language as the Residential Schools are being run in English medium only. Therefore, the question paper was prepared in English medium only and accordingly the examined was conducted on 01.08.2023 for the post of Art Teacher. Learned Standing Counsel has further submitted that the first respondent-Society has issued 8 notifications on 05.04.2023 along with the present notification inviting applications for different posts viz., Degree College Lecturers, Junior College Lecturers, Librarians, Physical Directors, PGT, TGT, Craft, Music and Art Teachers and for all the nine notifications, the question paper would be in English version only as the Institutions are being run in English medium only. Therefore, there are no merits in the writ petition and prayed to dismiss the Writ Petition. In support of his submissions, learned counsel has relied on Ram Ratan v. Union of India, (2008) 3 SCC 512.

5. This Court has taken note of the submissions made by the respective counsel.

6. A perusal of the material on record reveals that admittedly the notification No. 6/2023 dated 05.04.2023 issued by the first respondent inviting applications for the post of Art Teacher wherein it was categorically mentioned at para (1) (v) that