THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.32076 of 2024

ORDER:

The present Writ Petition is filed to declare the impugned termination proceedings Rc.No.5923/A5/2024, dated 11.11.2024 issued by the 3^rd respondent by terminating the services of the petitioner without issuing any Notice nor called for any explanation and without giving any opportunity, the said action of the respondents is as illegal, set aside the same and consequently direct the respondents to continue the petitioner as Secondary Grade Teacher Special Education (Telugu) at MPPS Narmilikonda, Kodimial Mandal, Jagtial District.

2. Heard Sri C. Raja Shekar Reddy, learned counsel for the petitioner, learned Government Pleader for Services-I for respondents No.1 to 3 and Sri B. Jithender, learned counsel for respondent No.4. Perused the record.

3. Brief facts of the case are that the petitioner is local of Jagtial District and he studies Intermediate in the year 1993 and passed B.A. in the year 1996 and passed Bachelor Degree in Special Education in the year 2000. He also studied Post Graduate Professional Diploma in Special Education (PGPD- SEDE) in the year 2010 and with RCI (Rehabilitation Council of India) with CRR No.A21443 and with equivalency circular also issued on 25.01.2018, with all eligible qualifications the petitioner applied to the post of Secondary Grade Teacher Special Education, pursuant to the DSC Notification 24/RC- 1/TRT/DSC/2024 dated 29.02.2024 of School Education, Telangana, Hyderabad, issued by the 2nd respondent.

3(i) It is the further case of the petitioner that after applying the above said post, 2nd respondent issued Hall Ticket bearing No.244673150433 and examination was held on 20.07.2024 and he secured 67.60 marks and got 2^nd rank under BC-D category. Pursuant to the same, the petitioner was called for certificate verification on 06.10.2024, after verification of the certificates, the petitioner was issued appointment orders vide proceedings Rc.No.5923/AS/2024, dated 15-10-2024 issued by the 3^rd respondent. Thereafter, the petitioner joined in the MPPS, Narmilikonda, Kodimial Mandal, Jagtial District, vide proceedings dated 16.10.2024. Since then he was discharging his duties as a Secondary Grade Teacher Special Education (Telugu). While the matter stood thus, after completion of 26 days of working as Secondary Grade Teacher Special Education (Telugu), the 3rd respondent without issuing any Notice nor called for any explanation, without giving any opportunity straight away issued the impugned termination orders vide proceedings in Rc.No.5923/A5/2024, dated 11.11.2024, is illegal and arbitrary and clear violation of Rules as contemplated.

3(ii) It is the further case of the petitioner that in the termination orders, the reasons were shown as under:

i) As per G.O.Ms.No.25, S.E. (Ser.III) Depart, dated:

05.09.2023 must possess Intermediate/senior secondary (or its equivalent) as recognized by the Board of the Intermediate with at least 50% marks (in case of SC/ST/BC/Differently abled candidates the minimum marks shall be 45%) and pass 2 years diploma in Elementary Education/Special Education in B.Ed. by 4 years Bachelor in Elementary education.

In this case Sri K. Gangadhar Raju, S/o.

Gopi Raju is having only 43.2% of marks in Intermediate instead of 45% of marks as he belongs to (BC-D) community.

ii) The 2^nd reason is taken by the 3^rd respondent that according to RCI Lr.No.7-91/RCI-2011, dated: 11.01.2012, candidate must possess Diploma in Special Education (or) PG Diploma in Community based rehabilitation PGDCBR with (6) months certificate course in CwSN is required. But, the candidate is not having diploma/equivalent qualification in Special Education.

With the above said observations, the petitioner’s appointment was cancelled.

4. Learned counsel for the petitioner further submits that the 3^rd respondent ignored G.O.Ms.No.1, School Education (Ser.III) Department, dated 28.02.2024, wherein the amendment to the notificat