THE HON’BLE SRI JUSTICE PULLA KARTHIK

ORDER:

This Writ Petition, under Article 226 of Constitution of India, is filed seeking the following relief:

“…to declare the impugned Proceedings in Rc.No.6441/B2/(B4)/ 2009-1, dated 15.09.2012 of the 4th respondent by rejecting the case of the applicants for appointment to the post of Secondary Grade Teachers in DSC- 2008, though, the applicants are fully eligible and entitled to hold the post of Secondary Grade Teachers as per their Educational Qualifications as was considered in the Memo No.677/Trg.3/2004-1, dated 11.02.2004 of the then State of Andhra Pradesh and also several candidates were permitted in the selections and appointments from DSC-1999 onwards, even then, the respondents were rejected the claims of the applicants for selection and appointment in DSC-2008 in Medak District the action of the respondents is highly illegal, arbitrary, unreasonable, discriminatory and also in violation of principles of natural justice and declare the same as bad in law and set aside the same and consequently direct the respondents to consider the case of the applicants for appointment for the post of Secondary Grade Teachers as per their selections in DSC-2008 in Medak District and will all consequential benefits and pass…”

2. The case of the petitioners is that they studied Intermediate, and thereafter, completed their two years’ course of TTC from Karnataka, which is allegedly equivalent to the TTC course in the erstwhile State of Andhra Pradesh. As such, in pursuance of the DSC-2008 Notification, the petitioners applied for the post of Secondary Grade Teacher in Medak District, participated in the recruitment process, appeared in the written examination, and secured 30.5 and 25.0 marks respectively. However, they were not considered for appointment. Therefore, the petitioners filed O.A.No.194 of 2009 before the erstwhile Andhra Pradesh Administrative Tribunal (for short, ‘the Tribunal’), which was disposed of vide order dated 04.08.2010, directing the respondents to consider their case for appointment as Secondary Grade Teachers, if they are otherwise eligible. Subsequently, in view of non compliance of the said order, the petitioners filed C.A.No.1161 of 2012, which was closed vide order dated 07.07.2014, recording the statement of the respondents that a speaking order dated 15.09.2012 had already been passed, rejecting the claim of the petitioners. Assailing the same, the present writ petition (TR) was filed.

3. Heard Sri C. Rajasekhar Reddy, learned counsel appearing for the petitioners, and learned Government Pleader for Services-I, appearing on behalf of the respondents.

4. Learned counsel for the petitioners contends that respondent No.3 has passed the present impugned order dated 15.09.2012, rejecting the claim of the petitioners for appointment to the post of Secondary Grade Teacher, without proper application of mind, as the very same qualification and certificates of the petitioners now questioned were accepted by the respondents during the recruitment under DSC-1994 onwards. As such, the impugned reaction order is wholly illegal and arbitrary. It is submitted that one candidate, Ms. N. Aruna, who appeared in DSC-2001 with similar qualification as that of the petitioners, was considered and appointed as Secondary Grade Teacher vide proceedings dated 17.01.2002. It is further submitted that the certificates issued by Government of Karnataka were duly recognized by the erstwhile State of Andhra Pradesh vide Memo.No.677/Trg.3/2004-1 dated 11.02.2004, and all the qualified candidates possessing the said certificate were considered for appointment until DSC-2006. It is further contended that the basis for appointment of several candidates in pursuance of DSCs-2000 and 2001 was also the very same qualification, which was never objected by the Government at any point of time, until DSC-2008, wherein, the petitioners, who acquired the said qualification in the year 1990 itself, were denied