THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY W.P. No. 28553 of 2010 Dated 28-10-2011 Between: Usha Rani …Petitioner Vs. The Municipal Corporation of Guntur, Rep., by its Commissioner, Guntur and others. …Respondents THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY W.P.No. 28553 of 2010 Dated: 28-10-2011 ORAL ORDER: (Per: GR,J) The petitioner is the unsuccessful applicant in O.A.No. 5523 of 2007, which was rejected by the learned Andhra Pradesh Administrative Tribunal, Hyderabad, by the order impugned herein dated 13-10-2009. While working as Secondary Grade Teacher (SGT), the applicant--petitioner approached the Tribunal, in substance, seeking promotion as School Assistant (English), complaining that her juniors who possess similar qualification as herself were promoted. In support of her claim of being qualified as School Assistant in English, the petitioner asserts to have acquired B.A. Special English qualification in June, 2003 from Dr. B.R. Ambedkar Open University. In the counter before the Tribunal, the official respondents asserted that the petitioner was selected as Secondary Grade Teacher pursuant to D.S.C 2000; prior to her appointment as SGT, she acquired graduate degree in Science in the year 1997 and B.Ed., qualification with Biological Science and English subjects in August, 1998 from Nagarjuna University; thereafter B.A. Special English in June, 2003 subsequent to her appointment as SGT, but from the Dr. B.R. Ambedkar Open University. This qualification was declared invalid by this Court in W.P.No. 9073 of 2003. There being no rebuttal to this assertion in the counter affidavit filed by the official respondents, by the applicant – petitioner, the Tribunal rejected the application on the ground that the acquisition of the qualification of B.A. in Special English from Dr. B.R. Ambedkar Open University, having been held invalid by this Court in the writ petition referred to, the petitioner is not qualified for promotion as School Assistant (English). With regard to the other complaint of the applicant that similarly placed persons, who are juniors to her and had also acquired Special English qualification from Dr. B.R. Ambedkar Open University are continuing in the service, the Tribunal recorded that they were also reverted; they approached the Tribunal and in view of interim orders dated 09-06-2004 in O.A.No. 3221 of 2004 and batch they are continuing; that grant of interim orders in favour of other similarly unqualified persons cannot constitute a legal basis for a direction to the respondents to consider the petitioner for her promotion as School Assistant (English). We discern no infirmity or logical fallacy in the conclusion of the Tribunal, warranting interference under Article 226 of the Constitution. There are no merits. The writ petition is dismissed at the stage of admission. No costs. __________________________ JUSTICE GODA RAGHURAM ___________________________________ JUSTICE G. KRISHNA MOHAN REDDY Dated: 28-10-2011 Pvks/*