HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE N.R.L. NAGESWARA RAO WRIT PETITION NO. 3919 OF 2010 Between: Pappanaboina Ramakalyan Kumar S/o P. Baludu ………….Petitioner AND The State of Andhra Pradesh represented by its Secretary, Education Department and five others ………….Respondents ORDER: (Per Hon'ble Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed seeking to issue an order particularly one in the nature of writ of Mandamus declaring the G.O.Rt No. 141 Education (SE Service VI) Department dated 6.3.2007 issued by the first respondent herein in cancelling the DSC 2006 Examination held on 9.9.2006 and consequent provisional selection of the petitioner to the post of Secondary Grade Teachers (Telugu) in Kadapa District as illegal and arbitrary. Brief facts of the case are that the second respondent-Director of School Education issued notification in May 2006 for recruitment of various categories of Teachers all over the State, including 733 posts of S.G. Teacher (Telugu) in Kadapa District. In pursuance of the said notification the applicant submitted his application and appeared for the examination held on 9.9.2006 for the post of S.G. Teacher (Telugu) in Kadapa District. The applicant was declared selected as per the results published by the 1st respondent on 31.10.2006 by securing 95.50 marks. While so, the unselected candidates lodged a complaint before the 4rh respondent on the basis of the statement made by a political leader of opposition party and a case in Crime No. 12 of 2007 was registered under Section 8 of Andhra Pradesh Public Examinations (Prevention of Malpractices and unfair means) Act, 1997 on 10.1.20078 against the officers of 3rd respondent’s office. As per the statement of the accused they tampered the OMR sheets of certain examinees subsequent to the examination before handing over the OMR sheet to the 2nd respondent by taking bribe. Therefore, the first respondent cancelled the examination in respect of S.G. Teachers (Telugu) Kadapa on the basis of the report of the District Collector. Aggrieved by the same the applicant filed O.A. and the O.A was dismissed with the following observation: “In respect of the same examination, this Tribunal rendered a Judgment on 3.5.2007 in O.A.No. 1719 of 2007 and batch upholding the decision of the Government in cancelling the examination and in ordering re-examination and dismissed the applications filed for quashing G.O.Rt.No. 141, Education Department, dated 6.3.2007. This matter is squarely covered by the above judgment. In the light of the above circumstances, I am of the view that the respondents are justified in cancelling the examination and ordering re-examination and there are no grounds to interfere with the impugned G.O.Rt.No. 141, Education Department, dated 6.3.2007.” The main grievance of the petitioner is that only 46 candidates involved in malpractice with the connivance of the authorities, therefore, those 46 candidates can be substituted with the other candidates in the merit list without causing hardship or loss to the innocent merit candidates. On the other hand, the learned Government Pleader for School Education submits that the order passed by the Tribunal is quite reasonable and it rightly held that the respondents are justified in cancelling the examination and therefore, there are no grounds to interfere with the order passed by the Tribunal. Heard the learned counsel appearing for both sides and also perused the entire material made available on record. As seen from the record, there were allegations that OMR sheets have been tampered by the authorities who handled the answer sheets. Therefore, a Case in Crime No. 12 of 2007 was also registered on the complaint forwarded by the Collector and during the course of investigation it came to light that five or six persons indulged in tampering of answer sheets. It is also on record, that when there is lot of protest by the opposition and lot of criticism by the press and media, the Government took a decision to cancel the examination in respect of S.G. Teachers (Telugu) in Kadapa District and directed to conduct re-examination to the candidates, who have been issued Hall Tickets for DSC 2006 for recruitment to the posts of SG Teachers (Telugu) in Kadapa District. Therefore, we see no reasons to interfere with the order passed by the Tribunal and the Writ Petition is liable to be dismissed. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. __________________________ GHULAM MOHAMMED, J ___________________________ N.R.L. NAGESWARA RAO, J DATE: 21.02.2011 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.