IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 8031 of 2008 Between: 1 The Commissioner, Kendriya Vidyalaya Sangathan, No. 18, Institutional Area, Sahjid Jit Singh Marg, New Delhi. 2 The Dy. Commissioner, KVS No. 18, Institutional Area, Sahjid Jit Singh Marg, New Delhi. 3 The Asst. Commissioner, KVS No. 18, Institutional Area, Sahjid Jit Singh Marg, New Delhi. 4 The Asst. Commissioner, KVS Hyderabad Region, Picket, Secunderabad. 5 The Principal, KVS, Nausenbaugh, Gandhi Gram Post, Visakhapatnam. ..... PETITIONER(S) AND M.S. Shyamala Kumari, W/o. M. Vijaya Bhasker, Subbalakshmi Nagar, Visakhapatnam-532 016 .....RESPONDENT 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 an order or direction more particularly in the nature of Writ of Certiorari to call for the records in OA No. 331 of 2007 dt. 14-12-2007 on the file of the Central Administrative Tribunal, Hyderabad Bench, Hyderabad and to set aside the order declaring it is arbitrary, illegal, and unjust and pass Counsel for the Petitioner:MR.B.NARASIMHA SARMA Counsel for the Respondent No.: The Court made the following : ORAL ORDER: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) Seeking a writ of certiorari calling for the records relating to the order dated 14.12.2007 passed in OA No. 331 of 2007 by the Central Administrative Tribunal, Hyderabad Bench, Hyderabad, and to set aside the same declaring it as arbitrary, illegal and unjust, the respondents in the above O.A. filed this writ petition. The respondent herein filed the above OA challenging her reversion order dated 3/4.4.2007 from the post of TGT (Maths) to the post of Primary Teacher. The respondent herein is an Arts Graduate with Mathematics as the main subject and Economics and Politics as ancillary subjects in the year 1985 and passed B.Ed, in 1987 and also secured Post Graduation in Mathematics. The respondent herein was appointed as a Primary Teacher on 4.11.1985 and in the year 2004, she was promoted as Trained Graduate Teacher (TGT) and subsequently promoted as TGT (Maths) with effect from 1.4.2004. While working as such, at Visakhapatnam, in the 5th petitioner school, she was served with a show cause notice dated 19.1.2007, to show cause as to why she should not be reverted to the post of Primary Teacher, inasmuch as she studied Mathematics, Economics and Political Science at her Graduation level which does not satisfy the qualifications prescribed for TGT (Maths), to which she replied on 9.2.2007 to the effect that she studied Mathematics both in Graduation and Post Graduation and B.Ed. also as main subject. The petitioners, dissatisfied with the explanation submitted by the respondent, passed final order dated 7.4.2007 withdrawing the promotion order dated 15.12.2003 and transferred the respondent to Kendriya Vidyalaya, NTPC, Ramagundam, as Primary Teacher. Case of the petitioners herein is that the requisite qualification for promotion is the same as prescribed for direct recruitment viz., mathematics, with two subjects, Physics, Chemistry, Electronics, Computer Science and Statistics and for promotion also, the Primary Teacher should have five years regular service with Bachelor Degree with Mathematics in combination of subjects prescribed for direct recruits and since the respondent herein had obtained the degree in Arts in Mathematics with Economics and Political Science, as other subjects, she is not fulfilling the educational qualifications prescribed for TGT (Maths). The Tribunal having considered the rival contentions of the parties in extenso, observed that the respondent not only possessed bachelor degree in Mathematics but also Post Graduation in Mathematics and, therefore, held that the respondent is eligible for promotion as TGT (Maths) and consequently allowed the O.A. setting aside the reversion order dated 3/4.04.2007 and the relieving order dated 7.4.2007 and directed the respondents to re-promote her as TFT(Maths) with all consequential benefits. Aggrieved thereby, the present writ petition is filed by the respondents in the O.A. The case of the respondent has to be looked from the angle of promotion and, therefore, the Tribunal was right in observing that one need not go further and verify whether the combination of subjects as prescribed for direct recruitment is there or not. Therefore, it has to be seen that the respondent had five years of regular service with Bachelor Degree in Mathematics as the main subject. The respondent possesses also Post Graduation in Mathematics. Therefore, the contention of the learned counsel for the respondent that five years of regular service and the combination of subjects, prescribed for direct recruits, is relevant only when the employee does not possess Bachelor Degree in that subject, deserves consideration. The respondent herein possesses Bachelor degree in Mathematics and satisfies the recruitment Rules with regard to promotion by TGT by promotion. In such circumstances, it cannot be held that the respondent is ineligible for promotion. Having gone through the entire material available on record, we do not see any reason to differ with the findings arrived at by the Tribunal. Consequently, the writ petition fails and is accordingly dismissed at the stage of admission. No order as to costs. ____________________ T.MEENA KUMARI, J. __________________ S.ASHOK KUMAR, J. April 15, 2008 MAS.