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HONBLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION No.6676 of 2020

ORDER :

This petition is filed under Article 226 of the Constitution of India for the following relief:-

“…to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent herein in issuing the impugned order bearing Procs Rc. No ESE0220021/ 22/2020TETCSE, dated 2.3.2020 rejecting the request made by the petitioner for considering her candidature for selection to the post of Trained Graduate Teacher Social Studies in Zone- III under SC Category on the ground of not attending for certificate verification, as being illegal, arbitrary, unjust and contrary to Rules framed under G.O.Ms.No.68, dated 26.10.2018 and consequently set aside the same by directing the respondents to consider the case of the petitioner for selection as Trained Graduate Teacher Social Studies in A P Residential School, Tadikonda in the existing vacancies and pass such other order or orders…….”

2. The case of the petitioner is that the 1st respondent has issued G.O.Ms.No.68, School Education (Exams) Department dated 26.10.2018, the Andhra Pradesh Teacher Recruitment Test (TRT) for the post of Principals, Post Graduate Teachers (PGTs) Trained Graduate Teachers )TGTs) Physical Education Teachers(PETs) Crafts, Art and Music Teachers, the department has framed certain rules for Teacher Recruitment Test (TRT) to the post of Teacher in the schools of Andhra Pradesh and issued a Notification vide G.O.Ms.No.68, dated 26.10.2018. In pursuance of the orders of the Government issued in the above G.O.Ms.No.68, applications are invited through online for recruitment to the posts of Principals, Post Graduate Teachers (PGTs) Trained Graduate Teachers (TGTs) Physical Education Teachers (PETs) Crafts, Art and Music Teachers in the A.P. Model Schools, A.P. Residential School and A.P., B.C. Welfare Residential Schools in the State.

The petitioner has submitted her application for the post of School Assistant (Social studies) and appeared in the TRT Exams-2018 with Hall ticket No.18072210000316 and she got 63 Rank and provisionally selected for the post of Trained Graduate Teacher (Social Studies) in Roster Point No.2 (SC-W- Local) in Zone-III and she belongs to SC-W category. Subsequently, the Department has issued called letters to all the candidates who were provisionally selected for the post of Trained Graduate Teachers , but the petitioner did not receive any message or call letter about the selection in Zone-III under phase-III in MJPAPBCWREIS Boys Management in order to attend the counseling. Accordingly, the petitioner has submitted a detailed representation to the 2nd respondent on 28.01.2020. Subsequently, the 2nd respondent has issued speaking orders on 02.03.2020 stating that inter alia that as per Rule 18(v) in G.O.Ms.No.68, School Education (Exams) Department, dated 26.10.2018, if the candidate fails to produce the certificates required at the time of verification or if the candidate is absent for verification of certificates, such candidates shall forego the right of selection, and next eligible candidate shall be considered for certificates verification and that accordingly the 4th respondent who secured 64th rank, was selected and appointment orders were issued. Challenging the said proceedings dated 02.03.2020, present writ petition is filed.

3. Counter affidavit is filed by the 2nd respondent denying all the averments made in the petition and contended that as per the Rule 18(vi) in G.O.Ms.No.68, School Education (Exams) Department, dated 26.10.2018 “If the certificates are not found to be genuine/correct and if the candidate fails to produce the certificates required at the time of verification or if the candidate is absent for verification of certificates, such candidates shall forego the right of selection and the next eligible candidate shall be considered for certificates verification” generated the next provisional selection lists (i.e., 4th to 6th lists) with the next merit

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