THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.25819 of 2009 ORDER: A small matter pertaining to the appointment of Attenders that too against backlog vacancies reserved in favour of S.C. category in a private aided educational institution has become the subject matter of serious contest. The curious part of it is that the State, which is supposed to advance the cause of downtrodden, has exhibited all its strength and might against two poor women from S.C. category. The 2nd respondent, an educational institution admitted to grant-in-aid, issued a notification, dated 27.06.2009, to fill two vacancies of Attenders that were reserved in favour of S.C. category. It appears, those vacancies were carried forward on the previous occasions. The Committee, constituted in accordance with the Rules prescribed by the Government, selected the petitioners. In the course of verification of the genuinity of the certificates relied upon by the petitioners, correspondence was undertaken with the District Educational Officer, Hyderabad, the 3rd respondent herein. He expressed the view that the certificates relied upon by the petitioners are not genuine. Challenging the action of the respondents, the petitioners filed this writ petition. After hearing the parties at length, this Court allowed the writ petition through order, dated 10.10.2011. However, a writ appeal was filed by the respondents. Their Lordships of the Division Bench have set aside the order passed in the writ petition mainly on the ground that the Government of Andhra Pradesh was not made as a party and the writ petition was directed to be heard once again. After disposal of the writ appeal, the petitioners filed applications to implead the Government and the formality was completed. The petitioners reiterated their contentions as to the genuinity of their certificates. It is stated that roving and fishing enquiry was conducted into the matter and a small and inconsequential discrepancy in the records is sought to be projected as though fraud was played. They further submit that an attempt was made to institute cases against them twice and on both the occasions, the attempt of the respondents did not fructify. Sri L.Ravichander, learned Senior Counsel for the petitioners, submits that the concerned educational institutions have stated the certificates to be genuine and the office of the 3rd respondent is making every effort to thwart the opportunity of the petitioners to be appointed. He submits that though voluminous correspondence was undertaken in this behalf, the fact remains that the petitioners studied in the respective schools and certificates and memorandum of marks were also issued. He contends that even according to the respondents, the registers pertaining to the VII Class Common Examination were missing from the Office of the 3rd respondent and except making a vague allegation that the entries in the Admission Register are not correct, no substantial proof is furnished. Sri K.G.Krishna Murthy, learned Additional Advocate General for the respondents, submits that the verification of the records of the concerned educational institutions has disclosed that the certificates are not genuine and in that view of the matter, the appointment of the petitioners cannot be approved. The selection of the petitioners was on the basis of the permission accorded by the authorities of the Education Department as required under the Rules. After completion of the selection process, a letter was addressed to the 3rd respondent to verify the certificates. It appears that the 3rd respondent has constituted a committee comprising of Assistant Commissioner, by name Sri S.Mohan Rao, Head Master, Government High School, Madannapet, Sri Prabhakar, and Auditor, Sri Hadi Hussain. The Committee submitted its report to the effect that the memorandum of marks of the first petitioner has tallied with the Central Marks Register of the VII Class held in the year 1991. It was further mentioned that the particulars of memorandum of marks are tallying with the particulars in the Admission Register. The only doubt expressed is that the name of the father of the candidate and the date of birth appear to have been tampered. As regards the 2nd petitioner also, same observation is made. It appears that the petitioners herein approached the Office of the Collector & District Magistrate and expressed their anguish about the delay in the matter, particularly having regard to the fact that they hail from weaker-sections of the society. Instead of looking into the matter and helping the poor ladies, the District Collector has chosen to direct registration of cases. Ever since then, the respondents are taking it as a matter of prestige and are resorting to every step to prevent their appointment. Voluminous record is placed before this Court. Except that an attempt is made to indicate that there is some discrepancy in the date of birth or father’s name, the respondents are not able to point out that the petitioners did not study VII Class in the respective institutions. The three men committee appointed by the 3rd respondent clearly found that the petitioners appeared in the examination, memorandum of marks issued to them tallies with the Central Register and those particulars are in conformity with the Admission Register. Even to this date, none of the respondents have informed the petitioners that they did not study VII Class nor their certificates were withdrawn. It does not at all auger well for the respondents in harassing the petitioners to such an extent. Strictly speaking, the District Educational Officer and other respondents are liable to be prosecuted by the National Commission for Schedules Castes and Scheduled Tribes for the act of harassment meted out to the petitioners. The writ petition is accordingly allowed and the respondents are directed to complete the steps for appointing the petitioners as Attenders, in pursuance of the selection, within two months from today. It is also directed that in case the orders of appointment are not issued, it shall be open to the petitioners to approach the National Commission for Scheduled Castes and Scheduled Tribes, apart from initiating proceedings before this Court. There shall be no order as to costs. The miscellaneous petitions filed in this writ petition shall also stand disposed of. _______________________ L. NARASIMHA REDDY, J. Dt: 14.03.2013 Note: Issue cc in ten days. (B/o) kdl