ORDER:

The present Writ Petition is filed for not considering the petitioner for the post of School Assistant (Special Education) – Telugu in Srikakulam District under Ex-serviceman Quota, is illegal and violative of principles of natural justice.

2. Heard both sides.

3. The 1st respondent has issued notification in pursuance of G.O.Ms.No.24 for conducting of Teacher Eligibility Test. The petitioner has applied for the said post and the 4th respondent has also issued a call letter for certificate verification. The certificates of the petitioner along with other candidates were verified and all selected candidates were issued appointment orders on 06.07.2020, but the case of the petitioner was not considered.

4. Learned Government Pleader would contend that the petitioner herein has applied under the Ex-Serviceman quota, who retired from CRPF. The CRPF comes under Paramilitary forces and they are not covered under the definition of Ex-Serviceman quota under Sub-rule 16 of Rule 2 of A.P. State and Subordinate Service Rules (herein after called as Rules). Hence, the petitioner’s appointment under ex-servicemen quota was not considered.

5. Learned counsel for the petitioner has relied upon Office Memorandum (OM) dated 23.11.2012 which was issued by Ministry of Home Affairs Police Division-II, Government of India (Resettlement and Welfare Directorate). The said memorandum has been issued to the States/U.T. Government concerned to extend suitable benefit to Central Armed Police Force (CAPF i.e. CRPF, BSF, CISF, ITBP and SSB) personnel as Ex-Central Armed Police Force (Ex-CAPF personnel). Hence, basing upon the above recommendation, the petitioner’s case ought to have been considered is the contention before this Court. Learned counsel for the petitioner states that the petitioner was not considered as per the Office Memorandum. Hence, prayed to set aside the impugned proceedings issued by an order dated 06.09.2020. Consequently, prayed to direct the respondents to appoint the petitioner as School Assistant (Special Education) – Telugu under Ex-servicemen quota.

6. Sri Bheemarao, learned Government Pleader for services would contend that the petitioner’s case was not considered basing upon the Memo No.ESE01-SEDN0CSE (RECT)131/2020-Exams, Dated 06.09.2020, issued by the Government, which is extracted below:

The Commissioner of School Education, Andhra Pradesh has clarified that, “designating the retired central Armed Police Force (CAPF i.e., CRPF, BSF, CISF, ITBP and SSB) personnel as Ex-Central Armed Police Force Personnel (Ex-CAPF personnel) and extending benefits to them on lines to the ex-serviceman has not yet been done. Hence, at present the ex-serviceman from CRPF personnel is not being considered under ex-

serviceman quota in recruitment to public services.

7. Kumari Taddi Sowmya Naidu, learned counsel for the unofficial respondent no.6 would contend that when the State has not issued any proceedings extending the benefit under the ex-servicemen quota basing upon the Office Memorandum dated 23.11.2012, the petitioner is not entitled for any relief and further submits that the post was converted to open category under Rule 22 of the Andhra Pradesh Subordinate Service Rules. The unofficial respondent who is eligible and qualified as per the merit list has not been given posting due to the stay granted by this Hon’ble Court. Hence, prayed to vacate interim order.

8. Learned counsel for the State Government has filed counter stating that Government has not extended the CRPF quota to any other personnel. Hence, the petitioner is not entitled for the post of TET under Ex-Servicemen quota. Learned Government Pleader also relied on Sub Rule 16 of Rule 2 of A.P. State and Subordinate Service Rules. The same is hereby extracted:

Ex-servicemen: “Ex-Servicemen” means a person who has served in any rank (whether as a combatant or as a non-combatant) in the Regular Army, navy and Air Force of the Indian Union but does not include a person who has serv