O R D E R:

This writ petition has been filed against the action of the Respondents in not considering the request of the petitioners to undergo B.P.Ed. with pay and allowances vide impugned Memo No.13022/58/2020-EST.3, dated 11.01.2021, as illegal, arbitrary, unjust, improper, contrary to special rules issued in G.O.Ms.No.12, School Education (Ser.II)

Department, dated 23.01.2009.

2) On behalf of the Respondents, a counter-affidavit has been filed.

3) Heard learned counsel for the petitioners and the learned Government Pleader for Services-III appearing for the Respondents. Perused the material available on record.

4) The case of the petitioners is that all the petitioners belong to Scheduled Castes and possessed D.Ed. qualification. The petitioners were appointed as Secondary Grade Teachers in the year 2008 and 2010 respectively through due process of selection and now they are working as Secondary Grade Teachers. The Secondary Grade Teacher is the feeder category for promotion to the post of School Assistant. All the petitioners will become eligible for promotion to the post of School Assistant (Physical Education), if they acquired B.P.Ed. qualification. As per Rule 5 of A.P School Educational Subordinate Service Rules, 2009, School Assistant (Physical Education), must possess a Bachelor Degree and a Degree in Physical Education.

5) Learned counsel for the petitioners submits that the Government of Andhra Pradesh issued G.O.Ms.No.342, Social Welfare (B3) Department, dated 30.08.1977 wherein it is decided that in cases where the acquiring of higher educational qualifications in pre-requisite for further promotion according to the rules, the Scheduled Caste and Scheduled Tribe employees should be deputed for higher studies within the country with full pay and allowances subject to certain conditions. In the present case, the petitioners are fulfilling the conditions stipulated in G.O.Ms.No.342, dated 30.08.1977 to get the benefit under the said G.O. and accordingly, the petitioners submitted representations on 04.12.2020 and 05.12.2020 requesting the Respondents to consider their case to undergo higher studies of B.P.Ed. with pay and allowances. But, the 2nd Respondent issued impugned Memo No.13022/58/2020-EST.3, dated 11.01.2021, rejecting the request of the petitioners stating that in similar issue the Government have issued instructions in Memo No.ESE01-

SEDNOCSE/145/2018 Ser.II, dated 22.05.2019 not considering the request of the SGT to undergo B.P.Ed. with pay and allowances as B.P.Ed., is not a pre-requisite for promotion in the case of SGT. Aggrieved by the said Memo rejecting the request of the petitioners, the present writ petition is filed.

6) In the counter-affidavit filed by the Respondents, it is contended that the petitioners, who belong to Scheduled Castes, are working in the cadre of SGT have submitted proposals through the Mandal Educational Officers to undergo B.P.Ed. with full pay and allowances as per G.O.Ms.No.342, Social Welfare (B3) Department, dated 30.08.1977. While the matter was pending with the District Educational Officer, Vizianagaram, the petitioners approached the 2nd Respondent on 04.05.2021 and 05.05.2021 with a request to consider their case to undergo B.P.Ed. with pay and allowances. Subsequently, on behalf of the Scheduled Caste and Scheduled Tribe Teachers of Andhra Pradesh, Bahujan Teachers Association (BTA) also submitted representation, dated 11.12.2020 to permit the eligible candidates to undergo B.P.Ed. with pay and allowances.

7) The qualifications of the petitioners are furnished as follows:

(1) B. Rajesh, SGT - studied B.Sc., D.Ed. (2) M. Chandra Rao, SGT - studied B.Sc., D.Ed.

(3) A. Suri Babu, SGT - studied B.Sc., (BZC), B.Ed.

(4) M. Vijay Kumar, SGT - studied B.A., D.Ed.

8) As per the qualification of the petitioners at serial No.1, 2 and 4, they possess Bachelor Degree and D.Ed. and so far as the petitioner at serial No.3 is concerned, he possess Bachelor Degree and Bachelor of Education