THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Contempt Case No.1027 of 2009 (Dated : 28-06-2010) Between: A.Sarveswara Rao S/o Kurma Jaganayakulu And others …Petitioners A n d The Government of A.P., rep. By its Principal Secretary, Education Department, Secretariat, Hyderabad and others …Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Contempt Case No.1027 of 2009 ORDER: This contempt case has been filed complaining disobedience of the order dated 26.2.2009 passed in W.P.M.P.No.4957 of 2009 in Writ Petition No.3803 of 2009 whereby and whereunder the District Educational Officer, Vizianagaram is directed to permit the petitioners to participate in the counseling for the post of School Assistant in the Biological Sciences. 2. Background facts in nutshell leading to filing of this contempt case by the petitioners in W.P.M.P.No.4957 of 2009 are: The 1st petitioner is working as Secondary Grade Teacher (“S.G.T”) in M.P.P.School, Ravupally village, Garugubilli Mandal, 2nd petitioner is working as S.G.T in M.P.P.School, N.Veedhi, Jami Mandal, 3rd petitioner is working as S.G.T in M.P.P.School, Duvvupeta village, Denkada Mandal, 4th petitioner is working as S.G.T in M.P.P School, Garugubilli, Merakamudidam Mandal and the 5th petitioner is working as S.G.T in M.P.P.School, Damarasinghi , Gurla Mandal, Vizianagaram District. The District Educational Officer, Vizianagaram issued schedule for counseling for promotion of Secondary Grade Teachers to School Assistants. Subsequently cancelled the counseling held on 28.1.2009. The petitioners are seeking promotion to the post of School Assistants in Biological Sciences. They approached the District Educational Officer with a request to call them for counseling. The District Educational Officer rejected their request on the ground that their combination of study in graduation is not applicable for promotion to the post of School Assistants (Biological Sciences). The petitioners claim that their study of combination is Botany, Agriculture and Chemistry (BAC), Zoology, Agriculture and Chemistry (ZAC) from Maharaja College (Autonomous), Vizianagaram, and therefore, they are eligible for promotion to the post of School Assistant (Biological Sciences). The District Educational Officer sought for clarification with regard to the above combination of study from the Commissioner & Director of School Education, A.P., Hyderabad for promotion to the post of School Assistants in Biological Sciences. The Reader and Head of the Department of Agriculture has given a clarification to the Government of A.P on 12.2.2009 that the graduation course pursued by the petitioners satisfies the educational qualification for promotion to the post of School Assistant. Despite clarification given by the Reader of Maharaja College (Autonomous), Vizianagaram, the District Educational Officer has not called the petitioners for counseling for promotion to the post of School Assistants in Biological Sciences. On the earlier occasion, the District Educational Officer, Vizianagaram has promoted some of the Secondary Grade Teachers to the post of School Assistants in a similar combination of ZAC and BAC. The Secondary Grade Teachers promoted to the post of School Assistant in December 1997 are: 1. Vasanth, 2. V.Gangu Naidu 3. K.Mutyam 4. Ch.Sivannarayana Murthy 5. K.Satya Rao 6. Ch.V.S.N.Murthy 7. V.Satya Rao 8. B.A.Jagannatha Rao 9. M .A.Gupta 10. Ch.Surya Rao 3. Assailing the action of the 5th respondent in not calling the petitioners for counseling for promotion to the post of School Assistant in Biological Sciences, the petitioners filed Writ Petition No. 3803 of 2009 and moved W.P.M.P.No.4957 of 2009 seeking interim relief. This Court granted the following interim relief on 26.2.2009. “ Learned Government Pleader for School Education takes notice on behalf of the Respondents 1, 2 and 6. Learned Standing Counsel takes notice on behalf of respondent No.3 and seeks time for filing counter. There shall be interim direction to the 5th respondent to permit the petitioners to participate in the counseling for the post of School Assistant in the Biological Sciences, and notice”. 4. It is the grievance of the petitioners that despite the interim direction given by this court, the 5th respondent has not permitted them to participate in the counseling. 5. The 5th respondent filed counters dated 10.8.2009 and 21.4.2010. Y.Balaiah has sworn to the counter affidavit filed on behalf of the 5th respondent. It is stated in the counter affidavit dated 21.4.2010 that no counseling for promotion was conducted after passing of the interim order by this court. The counseling conducted on 22.7.2009 was only transfers counseling for the Headmasters of Primary Schools and School Assistants. For better appreciation, I may refer paragraphs 8 to 10 counter affidavit dated 21st April, 2010. “8. It is submitted that General transfer counseling was conducted for the Headmasters Gr.II/School Assistants/Headmasters of primary Schools/Language Pandits/PETs/Secondary Grade Teachers during the month of July and August 2009. On 22.07.2009 only transfers counseling was conducted for the Headmasters of Primary Schools and School Assistant (Telugu). But, no promotions counseling was conducted on the said date. As per the instructions of the Commissioner and Director of School Education, Andhra Pradesh, Hyderabad in Procgs. Rc.No.3933/D2-1/2009- 1, dated 16.07.2009 and as per orders issued by Government in G.O.Ms.No.66 and 67, dated 4.7.2009 , the teachers those who have possessed M.A (Education) of Andhra University, Visakhapatnam in the concerned subject have been allowed for the general transfers Counseling duly giving promotion in the following subjects Govt. MPP/ZP School Assistant- Mathematics 0 07 School Assistant-Physical Science 01 02 School Assistant-Biological Science 0 01 School Assistant- English 0 03 School Assistant – Social Studies 0 01 9. The above statement clearly shows that only one candidate who had possessed the certificate of M.A Education of Andhra University was given promotion orders as School Assistant-Biological Science. No promotion counseling was conducted on 08.08.2009. 10. Further, it is submitted that Sri B.Lakshmana, SGT, ZPHS,Billalavalasa, Bondapalli Mandal who is eligible for promotion to the post of School Assistant -Biological Science but not attended the counseling held in the month of February, 2009 was allotted place in his absence and issued posting orders as School Assistant-Biological Science at MPUP School, Pittada on 05.10.2009. But, no promotion counseling was conducted on the said date. 6. The petitioner filed additional affidavit stating that the 5th respondent has conducted counseling on 22.7.2009 for promotion to the post of School Assistants in Mathematics and Biological Sciences, and thereafter, on 8.8.2009 to the post of School Assistant in English and again on 5.10.2009 for Biological Sciences. All the above three counselings were conducted subsequent to the orders dated 26.2.2009 passed in W.P.M.P.No.4957 of 2009 in W.P.No.3803 of 2009. 7. Learned counsel placed on record the proceedings of the District Educational Officer, Vizianagaram issued on 22.7.2009 whereunder certain promotions have been effected under Rule 10 (a) of A.P.State and Subordinate Service Rules, 1996 to the post of School Assistants. 8. Heard learned counsel appearing for the petitioner and learned Government Pleader for School Education appearing for the respondents. 9. Learned counsel appearing for the petitioner submits that the 5th respondent, despite the interim order passed by this Court on 26.2.2009, did not permit the petitioners to participate in the promotion counseling for the post of School Assistant (Biological Science) and thus, the conduct of the 5th respondent amounts to violation of the direction given by this Court, and thereby, rendered himself liable for punishment under Contempt of Court. Learned counsel laid much emphasis on the proceedings issued by the District Educational Officer, Vizianagaram on 22.7.2009 giving postings to the School Assistants, who have been promoted under Rule 10(a) of A.P.State and Subordinate Service Rules, 1996. 10. I have gone through the proceedings dated 22.7.2009. The proceedings do not indicate that the promotion counseling has been held subsequent to 22.6.2009. What is evident from the proceedings is only giving postings to the School Assistants, who have been promoted under Rule 10(a) of A.P.State and Subordinate Service Rules, 1996, and therefore, it cannot be inferred from the proceedings dated 22.7.2009 that the 5th respondent conducted promotion counseling subsequent to 22.6.2009. 11. Learned Government Pleader for School Education submits that certain promotions came to be effected by virtue of the relaxation given by the Government in respect of certain teachers who are recruited through District Selection Committees with the qualification of M.A (Education) from Andhra University, Visakhapatnam as Secondary Grade Teachers. The learned Government Pleader placed on record G.O.Ms.No.66, Education (Ser.II) Department dated 4.7.2009. The text of the said Government Order reads as hereunder: “ In G.O 1st read above, adhoc Rules have been issued for the posts of teachers working in Government Schools in Andhra Pradesh. As per the said adhoc rules, the post of School Assistant comes under Class-I of Andhra Pradesh Educational Subordinate Service Rules for the posts of teachers working in Government Schools in Andhra Pradesh. The post will be filled in by Direct Recruitment/by promotion. The feeder category for the post of School Assistant is the post under Class- II. To hold the post of School Assistant, one should have passed Bacherlor Degree with a B.Ed degree in the subject concerned. 2. Certain Teachers who were recruited through District Selection Committees with the qualification of M.A (Education) from Andhra University, Visakhapatnam as SGT have represented that they have not been considered for promotion as School Assistants. They have stated that M.A (Education) has been considered for appointment and promotions up to 2008. They have therefore requested the Government to consider them for promotion as School Assistants, treating M.A (Education) as equivalent to B.Ed. 3. The Director of School Education, Hyderabad in his letter 7th read above has reported that M.A (Education) is only an academic qualification and not a Professional Qualification like B.Ed. and he has suggested that the teachers who acquired the M.A (Education) qualification and who are already working have to acquire B.Ed qualification or else their services will not be regularized/their services will be terminated. 4. In G.O.Ms.No.28, Education, dated 29.01.2009, Government have issued a Notification, permitting the candidates who have studied M.A (Education) from Andhra University to apply for the posts of teachers through DSC 2008 and this permission was only for the students who studied M.A (Education) up to the batch of 2006-2008. 5. After careful consideration of the above matte, Government in relaxation of the orders issued in G.O.Ms.No.11, Education (Ser.II) Department dated 23- 01-2009 hereby make such candidates who have qualification of M.A (Education) also eligible for promotion from S.G.T to School Assistant post subject to other requirements for promotion. This concession will be available only to those candidates who passed M.A (Education) during the period from 1981-2009 from Andhra University”. 12. It is evident from the above referred Government Order, the Government relaxed the B.Ed qualification to the Secondary Grade Teachers who possessed M.A (Education) qualification. By implementing the said G.O., it appears certain individuals who possess M.A (Education) qualification have been promoted as School Assistants (Biological Science). There is no material on record to infer that the District Educational Officer conducted promotion counseling subsequent to the interim order passed by this Court on 26.2.2009. 13. Accordingly, the Contempt Case fails and the same is hereby dismissed. No costs. ______________________ B.SESHASAYANA REDDY, J Dt. 28-06-2010 RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Contempt Case No.1027 of 2009 DATED : 28-06-2010