IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 2947 of 2004 Between: 1 Government of Andhra Pradesh, rep.by its Secretary to Government, Education Department, Secretariat, Hyderabad. 2 The Commissioner & Director of School Education, Saifabad, Hyderabad. 3 The District Educational Officer, Ranga Reddy District, Lakadikapool, Hyderabad. ..... PETITIONER(S) AND 1 D.Shankarji, S/o D.Ramoji, R/o Loyapalli Village, Manchal Mandal, Ranga Reddy District. 2 Kommanapalli Lakshman S/o. Gangaram R/o. H.No.2-3-39, Patel Road, Korutla (M), Karimnagar Dist R2 is impleaded as per court order dt. 9-8-2005 in WPMP 21962 of 2005 .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a Writ of Certiorari or any other appropriate Writ, Order or direction, after calling for the records relating to and connected with the judgment of the Hon'ble A.P. Administrative Tribunal dated 17-4-2003 in O.A.No.10526/2002 and quash the same as illegal, arbitrary and contrary to law and facts of the case and pass such other or further orders as are deemed ﬁt and proper in the circumstances of the case. Counsel for the Petitioners: GP FOR SERVICES-I Counsel for the Respondents : MR.CH.RAVINDER The Court made the following : ORDER THE HON’BLE SRI JUSTICE GHULAM MOHAMMED & THE HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.2947 of 2004 ORDER: ( per Hon’ble Sri Justice Ghulam Mohammed ) This writ petition is ﬁled against the order dated 17-4- 2003 passed in OA No.10526 of 2002 by the AP Administrative Tribunal, Hyderabad. The oﬃcial respondents in the said OA are the petitioners herein. The applicant- 1st respondent herein ﬁled the said OA to declare the action of the petitioners herein in treating the applicant-respondent as non-local candidate on the ground that the applicant studied from V class to X class at AP Residential School, Survali, Nalgonda District, by applying the Presidential Order, which was issued in the year 1975, which has no application to the case of the applicant, since he joined in the said School in the year 1974 itself, as being illegal and improper and further direction to the petitioners to treat him as local candidate of Rangareddy District taking his permanent residence at Rangareddy District, without reference to the Presidential Order, 1975 as he joined in the above said School before issuance of the said order. 2. The 2nd respondent is impleaded in this case as he claimed to be similarly placed on par with the 1st respondent as per Court order dated 9-8-2005 passed in WPMP No.21962 of 2005. 3. The facts stated are the 1st respondent-applicant belongs to BC ‘D’ community and is a resident of Rangareddy District. He applied to the post of secondary grade teacher (telugu) pursuant to the notiﬁcation issued by the Government of Andhra Pradesh (DSC 2002), but could not secure suﬃcient marks in the written test to qualify himself under non-local quota. It is stated that his case was not considered for selection under local quota (Rangareddy District) on the ground that he studied in a residential school at Survail village, Nalgonda District, which is outside the local area of Rangareddy District. The case of the applicant was that his exclusion from consideration in the local quota was not justiﬁed as he studied in a residential school at Survail in Nalgonda from 5th class to 10th class, established by the Government, with an object to impart quality education to the meritorious students of the rural areas in the State and it was the only and ﬁrst residential school at Survail established by the Government. It is the case of the applicant that admissions to the said School are open for all meritorious students from all over the State, by way of special selection test. It is further case of the applicant that though he studied from 5th class to 10th class at Survail in Nalgonda District, considering the object behind establishment of the residential school and considering the circumstances that he was selected to study in that school by the Government on the basis of his merit and admission to that school was open to the students from all over the State, it must be held that notwithstanding the fact that the applicant studied at Survail, he must be treated as a local candidate of Rangareddy District to which he and his parents belong. 4. The application was opposed by the petitioners herein by contending that the applicant has studied for four consecutive academic years upto 10th class at a residential school in Nalgonda District and not in Rangareddy District and, therefore, in terms of para 7 (1) (a) (i) of the Presidential Order, he must be deemed to be a non-local candidate for Rangareddy District. 5. The Tribunal after elaborate consideration of the matter, by the impugned order allowed the OA on the ground that the residential school at Survail Nalgonda District is the only residential school established by the Government to provide quality education to meritorious students of rural areas from all over the State at the expense of the Government and, therefore, the students who studied there will not lose their local status for the purpose of claiming local quota in employment opportunities and study in a residential school in Survail in Nalgonda District must be deemed to be equivalent to study by the applicant in Rangareddy District, as there is no residential school established by the Government in Rangareddy District, for the purpose of para 7 (1) (a) (i) of the Presidential Order. Aggrieved by the said ﬁnding, the present writ petition has been filed by the official respondents in the said OA. 6. Heard the learned Government Pleader for Services-I and the learned counsel for the respondents. Perused the impugned order. 7. Admittedly, the residential school at Survail Nalgonda District is the only residential school established by the Government to provide quality education to meritorious students of rural areas from all over the State at the expense of the Government. As observed by the Tribunal, in an extreme case if all the meritorious students who had come down to study in Survail residential school at Nalgonda District from all over the State, if they claim the status of local candidates of Nalgonda District by virtue of their study in the school situated at that place, it would aﬀect and deny the chances of getting employment to the local candidates of Nalgonda District. The residential school at Survail is the only school established by the Government and the applicant has no choice but to join that school, therefore, the observation of the Tribunal that students who studied there will not lose their local status for the purpose of claiming local quota in employment opportunities and study in a residential school in Survail in Nalgonda District must be deemed to be equivalent to study by the applicant in his local area, does not warrant any interference by this Court. 8. In this view of the matter, we do not ﬁnd any merit in the writ petition and it is accordingly dismissed. No order as to costs. ______________________ Ghulam Mohammed, J ______________________ C.V. Ramulu, J Dated: 14-7-2008 Nrg. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSR}