THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.33226 of 1997 Date:08.02.2008 Between: Reemali Srinivas, and another. ..... PETITIONERS AND The Integrated Tribal Development Agency, Rep.by its Project Officer, Paderu, Visakhapatnam District, and another. .....RESPONDENTS THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.33226 of 1997 O R D E R: The petitioners seek appointment as a teacher in the Single teacher Schools, meant primarily for Scheduled Tribe students, being run by the Integrated Tribal Development Agency, Paderu. It is the case of the petitioners that though the first petitioner stood fourth in the order of merit in the entire Paderu Mandal, and was the only candidate selected to Kothavalasa School, instead of appointing him, the respondents had appointed one Reemali Vijaya Kumari as single teacher of Kothavalasa School. It is further stated that Smt.Vijaya Kumari, on her appointment as Secondary Grade Teacher in the Mandal Parishad Primary School at Linguputtu in Paderu Mandal, did not join Kothavalasa School, and as such, a vacancy still exists in the post of Single teacher in the Kothavalasa School. It is also stated that the second petitioner was the only candidate selected as a teacher in the School at Gummadigumma in Hukumpeta Mandal. Sri K.V.Subramanya Narasu, learned Counsel for the petitioners, states that the rules require that a person, who is appointed as a single teacher, should reside within two kilometers radius of the school concerned and that such a stipulation was relaxed by the Commissioner for Tribal Welfare vide his proceedings dated 14.09.1997. It is not for this Court, in proceedings under Article 226 of the Constitution of India, to stipulate conditions or to relax the conditions stipulated. No mandamus can be issued directing the respondents to appoint the petitioners as single teachers. If, however, the competent authority has, as is now contended by Sri K.V.Subramanya Narasu, the learned Counsel for the petitioners, relaxed the conditions, the first respondent shall consider the case of the petitioners for appointment as a single teacher in Kothavalasa and Gummadigumma Schools in accordance with the rules. The first respondent shall consider the case of the petitioners for appointment as single teachers in accordance with the conditions stipulated for such appointment and any relaxation given thereto by the Government, within a period of two months from the date of receipt of a copy of this order and communicate its decision to the petitioners herein. The Writ Petition is disposed of accordingly. However, in the circumstances, without costs. ___________________________ (Ramesh Ranganathan, J) Dated:08.02.2008 vs