IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 20933 of 2005 Between: 1 The Government of A.p., repby Secretary, Education Department, Secretariat, Hyderabad 2 The Commissioner and Director of School Education, A.P., Hyderabad 3 The District Collector/Chairman DSC 2001&2002, Medak District at Sangareddy 4 The District Educational Officer/Secretary, DSC 201 & 2002 Medak District at Sangareddy ..... PETITIONER(S) AND 1 Samiullah Shareef Unemployee HT No. 17000410 R/o Mittapally, Siddipet, Medak District 2 M. Bhoopathi Reddy, Un Employee HT No. 17001377 r/o Siddipet, Medak District .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a Writ Certiorari or any other appropriate Writ, Order or direction, after calling for the records relating to and connected with the Judgment of the Hon'ble A.P. Administrative Tribunal dated 9-3-2005 in OA No. 4154/2004 and quash the same as illegal, arbitrary and contrary to law and facts of the case and pass such other or further orders as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioners: GP FOR SERVICES I Counsel for the Respondents : Mr. C. Rajasekhar Reddy The Court made the following ORDER : THE HON’BLE SRI JUSTICE GHULAM MOHAMMED & THE HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.20933 of 2005 ORDER: ( per Hon’ble Sri Justice Ghulam Mohammed ) This writ petition is ﬁled against the order dated 9-3- 2005 passed in OA No.4154 of 2004 by the Andhra Pradesh Administrative Tribunal, Hyderabad. 2. The oﬃcial respondents in the OA are the petitioners herein and the applicant are the respondents herein. The respondents ﬁled the said OA to declare the action of the petitioners herein in not considering their cases for appointment to the post of Secondary Grade Teacher in DSC- 2001 and DSC-2002 selection, though there were 16 vacancies vacant, in view of termination of services of the selected candidates vide proceedings No.Rc.No.10895/B7/2003, dated 12-3-2004, as they produced bogus B.Ed certiﬁcates, as illegal, arbitrary and violative of principles of natural justice and consequently direct the petitioners to consider and appoint them as secondary grade teachers. 3. The Tribunal considering the rival contentions raised, by the impugned order, allowed the OA and consequently directed the petitioners to consider the claims of the applicants for appointment to the post of secondary grade teacher in the vacancies, in accordance with the selection list prepared as per rules, and pass necessary orders within a period of six weeks thereof. Aggrieved by the same this writ petition is filed. 4. Heard the learned Government Pleader for Service-I and the learned counsel for the respondents. Perused the impugned order. 5. The Tribunal allowed the OA by following the judgment of this Court in T. RAJESWARI vs. VICE CHANCELLOR-CUM- CHAIRMAN, SREE VENKATESWARA UNIVERSITY SELECTION COMMITTEE, TIRUPATI 1 and also the earlier judgment of the Tribunal passed in OA No.8223 of 2003 with VMA No.826 of 2004. Admittedly, selection to the post of Secondary Grade Teacher was held in DSC-2001 and DSC- 2002, there were 16 vacancies vacant in view of termination of services of some of the selected candidates vide proceedings No.Rc.No.10895/B7/2003, dated 12-3-2004, as they produced bogus B.Ed certiﬁcates and under those circumstances the Tribunal directed to consider the cases of the respondents to the said posts, if they are eligible as per rules as they also appeared for the DSC-2001 and DSC-2002 and secured 62.50 marks and 62.80 marks respectively. 6. It may be noticed that this is a case where 16 persons who produced bogus certiﬁcates were appointed. The very selection and appointment of such persons has became nonest in the eye of law. Had they not appeared, the respondents herein would have been selected. This is not a case where some genuine candidate, after selection and appointment, left the post and as such, it needs to be ﬁlled up in the next recruitment. Since the selection and appointment of the said candidates was nonest in the eye of law, we are of the opinion that the Tribunal has rightly directed to consider the case of the respondents. 7. In this view of the matter, we do not ﬁnd any illegality or irregularity in the impugned order passed by the Tribunal directing the petitioners to consider the case of the applicants for the said posts as per rules and subject to their eligibility. The writ petition is devoid of merits and is liable to be dismissed and it is accordingly dismissed. No order as to costs. ______________________ Ghulam Mohammed, J ______________________ C.V. Ramulu, J Dated: 14-7-2008 Nrg. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT} 1 1999 (2) ALT 33