HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE K.G. SHANKAR W.P. No. 20630 of 2011 DATED: 22.07.2011 Between: K. Bheem Rao and three others .. Petitioners And The Govt. of A.P. and three others .. Respondents O R D E R:- This writ petition is filed seeking to quash the order, dated 18.07.2011 passed in O.A.No. 5318 of 2011 by the Andhra Pradesh Administrative Tribunal, Hyderabad. The applicants assert that they passed S.S.C. in Telugu Medium, Hindi Vidwan / M.A. Hindi and underwent Hindi Pandit Training which are eligible for appointment to the post of School Assistant (Hindi) / Language Pandit (Hindi) Grade II in Telugu Medium Schools. It is further stated that N.C.T.E. has prescribed academic qualifications to the post of Teachers eligible to teach classes 6 to 8th. In order to become eligible to such posts, a condition is imposed that in addition to the academic qualification, one has to a pass Teachers Eligibility Test (T.E.T) to be conducted by the appropriate Government in accordance with the guidelines of the NCTE. The N.C.T.E. sent guidelines for conducting T.E.T of classes 6th to 8th to the Government, vide letter dated 11.02.2011, and the Government issued guidelines through G.O.Ms.No.51 dated 16.04.2011, in pursuance of which, the Director TET-cum-SCERT issued Notification on 19.05.2011 to conduct T.E.T. It is further stated that according to the guidelines, if the petitioners want to appear for paper II of TET, they have to study content and methodology of Telugu, English, Mathematics, Science and Social Studies, but the applicants studied only Hindi content and methodology to teach Hindi for classes 6 to 8 and the respondents are not testing the proficiency of the candidates in Hindi content and methodology, who are going to be appointed as Hindi Teachers in Telugu Medium Schools. They further state that imposing a condition that passing TET is must for appointment to the post of School Assistant (Hindi)/Language Pandit Grade-II (Hindi) and prescribing the content and methodology in the Teachers Eligibility Test, which are not relevant to the post of School Assistant (Hindi) / Language Pandit Grade II, are unwarranted, illegal, discriminatory and in violation of Articles 14 and 21 of the Constitution of India. Therefore, they filed O.A.No. 5318 of 2011 before the Tribunal seeking a direction to the respondents to conduct Teacher Eligibility Test only in the subjects related to the post of Hindi Teachers, but the Tribunal dismissed the O.A. on the ground that it has no jurisdiction. Being aggrieved by the order dated 18.07.2011 passed by the Tribunal, this writ petition is filed. The learned counsel for the petitioner has submitted that T.E.T. (Teacher Eligibility Test) is designed for the first time based on the guidelines issued by the N.C.T.E. Section 15 of the State Administrative Tribunal Act, 1985 confers jurisdiction, power and authority on the State Administrative Tribunal in respect of the matters relating to recruitment and the matters concerning recruitment, as such, the impugned order is liable to be set aside. Section 15(1) of the Act, reads as follows: Save as otherwise expressly provided in this Act. Administrative Tribunal for a State shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all Courts (except the Supreme Court) in relation to a) Recruitment, and matters concerning recruitment, to any civil service of the State or to any civil post under the State; b) All service matters concerning a person (not being a person referred to in clause (c) of this sub-section or a member, person or civilian referred to in clause (b) of sub-section (1) of section appointed to any civil service of the State or any civil post under the State and pertaining to the service of such person in connection with the affairs of the State or of any local or other authority under the control of the State Government of any corporation (or society) owned or controlled by the State Government. c) All service matters pertaining to service in connection with the affairs of the State concerning a person appointed to any service or post referred to in clause (b), being a person whose services have been placed by any such local or other authority or corporation (or society) or other body as is controlled or owned by the State Government at the disposal of the State Government for such appointment. From a careful perusal of the above provision of law, it is manifest that the Tribunal has jurisdiction only in respect of the matters relating to recruitment and any matters concerning recruitment. Even though the Tribunal observed that Teachers Eligibility Test is being conducted to make the candidates to get eligibility to apply for recruitment to the posts of Teachers and it is neither part of recruitment nor matter concerning recruitment, it is to be noticed that the conduct of Teachers Eligibility Test may not be directly related to the process of recruitment, but any matter whether it is a decision on eligibility criteria or any issue arising therefrom is the matter concerning the recruitment. Moreover, both the learned counsel for the petitioners and the learned Government Pleader for Services – I appearing for the respondents, have conceded that the matter requires to be adjudicated by the Tribunal inasmuch as the case of the petitioners squarely covers under the context of “the matters concerning recruitment to any civil post of the State or any civil post under the State”. In view of the above, this writ petition is allowed and the impugned order dated 18.07.2011 made in O.A. No.5318 of 2011 is set aside and the matter is remitted back to the Tribunal for fresh consideration and disposal forthwith. No order as to costs. _____________________ GHULAM MOHAMMED, J 22.07.2011 _______________ K.G. SHANKAR, J Note: Furnish copy by tomorrow B/o bcj