IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE A. GOPAL REDDY AND THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL No.1365 of 2001 BETWEEN Smt. A. Radhakrishna. …APPELLANT/PETITIONER AND The Correspondent, P.V.P. Oriental High School, Kamareddy, Nizambad District and five others. …RESPONDENTS Counsel for the Petitioner: MR. G. ANJAPPA Counsel for the Respondent No.1: MR. N. ASHOK KUMAR Counsel for the Respondents 2 to 5: GP FOR SCHOOL EDUCATION Counsel for the Respondent No.6: NONE APPEARED The Court made the following: JUDGMENT: (per Hon’ble Sri Justice A. Gopal Reddy) This appeal is directed against the order of the learned single Judge passed in WP.No.15578 of 2000 dated 04.06.2001 whereby the writ petition filed by the petitioner questioning G.O.Rt.No.165 Education (SE/PS-1) Department dated 03.04.2000 was dismissed. 2. Petitioner was appointed as Assistant in 1970 at Jawahar Kindergarten, Upper Primary School, Kamareddy on a consolidated pay of Rs.50/- by the management. The school was amalgamated with P.V.P. Oriental High School in the year 1974 and at that relevant time, petitioner had passed HSC only but subsequently she acquired higher qualifications i.e. Intermediate in 1980, B.A. in 1983, M.A (Telugu) and Telugu Pandit training held in the year 1984-85. Thereafter, the petitioner had made representations to the school management to consider her claim for absorption as Telugu Pandit. As the same has not been considered, the petitioner filed WP.No.17379 of 1988 before this Court seeking a direction to the Correspondent, Prachya Vidya Parishad Oriental UPS, Kamareddy, Nizamabad to absorb her into grant-in-aid post of Telugu Pandit Grade-II with effect from 23.12.1986 with all consequential benefits. A Division Bench of this Court by its order dated 23.07.1996 dismissed the writ petition on the ground that the petitioner had sought a direction to place her in the aided post of Telugu Pandit Grade-II with effect from 23.12.1986, as one G. Bhaskara Sharma was transferred to Navodaya School, Achampet, Nizambad Distrit on deputation but the said incumbent returned to the first respondent school and assumed duty with effect from 23.12.1986 and since there is no vacancy in the aided post in the cadre of Telugu Pandit Grade-II, no relief could be granted to the petitioner. 3. Later the Director of School Education recommended the case of the petitioner to the Government for absorption duly relaxing certain conditions, but the Government by order dated 09.12.1997 directed the Director of School Education to implement the Rules and should not seek relaxation of the Rules and accordingly, did not accept the proposal forwarded by the Director of School Education. Questioning the same, the petitioner filed WP.No.2797 of 1998 seeking a direction to the respondents to absorb her in the post of SGBT sanctioned under G.O.Ms.No.192 dated 10.02.1992. This Court by order dated 12.03.1991 disposed of the writ petition directing the Government to reconsider the proposal sent by the Director of School Education in CDSE Lr.No.1580/S-3/92 dated 16.07.1997 and pass a reasoned order. Pursuant to the direction issued by this Court, the Government by the impugned G.O.Rt.No.165 dated 03.04.2000 reconsidered the entire issue and rejected the proposal of the Commissioner and Director of School Education, sent to grant relaxation to the petitioner, basing on the judgment of this Court in WP.No.2797 of 1998 dated 12.03.1991, stating the following reasons: 1. The initial appointment of Smt. A. Radhakrishna in Jawahar Kindergarten Upper Primary School was not as per the rules, and not approved by the competent authority. 2. Smt. A. Radhakrishna now working in Telugu Pandit, Grade-II (Un-aided) in PVP Oriental High School, was not sanctioned post by the Department and her appointment in Telugu Pandit Grade-II post was also not approved by the competent authority. 3. Smt. A. Radhakrishna does not possess the requisite qualification i.e. TTC which is required to hold the post of SGBT. 4. The case referred in Govt. Memo No.3327/K-1/77-2, Education dated 24.03.1978 is not similar case of Smt. A. Radhakrishna. Further, the said relaxation of qualification are under the provision of Rule 50(2) of A.P. Education Rules, 1966 was accorded by the Government prior to the advent of A.P. Education Act, 1982 and rules framed in G.O.Ms.No.524, Education dated 20.12.1988 and later in G.O.Ms.No.1 Education (PS-2) Department dated 01.01.1994. 5. There is no sanctioned Unaided/Aided Telugu Pandit, Grade-II post in the said school. Questioning the same, the present writ petition is filed. 4. Learned single Judge dismissed the writ petition holding that the post of Telugu Pandit Grade-II has to be specifically sanctioned by the Government so as to consider the case of petitioner for absorption. Even if she has acquired qualification subsequent to her appointment as School Assistant, her case cannot be considered for absorption unless the Government sanctions the post. It was further observed that as per the submissions of the learned Government Pleader since the petitioner has acquired the qualification for consideration to the post of Telugu Pandit Grade-II, as and when such post is sanctioned by the appropriate authority, her case would be considered on respective merits keeping in view the Rules in vogue on the date of filling up of the post. Therefore, it was held that the petitioner is not entitled for absorption and upheld the reasons assigned by the Government under the impugned GO with a direction that as and when the post of Telugu Pandit Grade-II is sanctioned, the case of the petitioner shall be considered in accordance with Rules. Feeling aggrieved by the aforesaid order, the present appeal is preferred by the petitioner. 5. Learned counsel for the petitioner contends that under the special Rules viz. Andhra Pradesh School Education Subordinate Service Rules, issued under G.O.Ms.No.40 dated 07.02.1992, as per clause (C) the posts of Upgraded School Assistants and School Assistants can be appointed by direct recruitment or by promotion from among the qualified persons based on combined seniority of Secondary Grade Teachers and Language Pandits Grade-II. In view of the same, the petitioner, who had passed M.A. (Telugu) and Telugu Pandit Training in the year 1984-85, is qualified to be promoted to the post of Telugu Pandit Grade- II. Therefore, the rejection order passed by the Government order cannot be sustained. 6. We do not find sufficient force in the said contention. Class-C under Rule 3 of the aforesaid GO provides the channel of promotion from among the Secondary Grade Teachers and Language Pandits Grade-II whereas the qualifications prescribed in the said Rules in the annexure to Rule 5 relevant to the case on hand are as under: ANNEXURE (SEE RULE –5) Class and category Method of Appointment Qualifications Class-A … … Class-B … … Class-C (b) School Asst. By direct recruitment or By promotion or By appointment by transfer Must possess a Bachelor’s degree in any subject and a B.Ed. degree from a University in India established or incorporated by or under a Central Act, State Act or a Provincial Act or an Institution recognised by the University grants Commission or an equivalent qualification. Class-D … … Class-E 2. Secondary Grade Teachers By direct recruitment (i) Must possess minimum general educational qualification prescribed in the schedule to General Rules to the A.P. State and Subordinate Service Rules and (ii) A Trained Teachers Certificate of the SGBT or the Senior Basic Grade or an equivalent thereto or Matric passed Trained Teachers Certificate or TTC. From the above it is clear that the petitioner, in the instant case, neither possessed a B.Ed degree nor has obtained Matric passed Trained Teachers Certificate or TTC, therefore, she cannot claim for absorption to the post of Telugu Pandit Grade-II sanctioned in G.O.Rt.No.192 dated 10.02.1992. Further, the petitioner is not entitled to any relaxation, as relaxations, if any, were made relaxing the qualifications under the provisions of Rule 50(2) of the Andhra Pradesh Education Rules, 1996 prior to the Andhra Pradesh Education Act, 1980 and the Rules framed thereunder and after the AP Education Act, 1980 came into force, no such relaxation was granted to any teacher, so that the petitioner can claim discrimination in not relaxing the rules in her case. In view of the above, the impugned order of the learned single Judge dismissing the writ petition does not suffer from any manifest illegality warranting interference by this Court. The writ appeal is accordingly dismissed. There shall be no order as to costs. _______________ A. GOPAL REDDY, J _____________________ VILAS V. AFZULPURKAR, J February 16, 2010 DSK