THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.12309 OF 2000 14.09.2011 Between: The Director of School Education, A.P., Saifabad, Hyderabad, And others. …. Petitioners AND K.Amarender And others. … Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.12309 OF 2000 ORDER: (Per Hon’ble Sri Justice V.V.S.Rao) Andhra Pradesh Direct Recruitment for the posts of Teachers (Scheme of Selection) Rules, 1994 (hereafter, the Rules) was promulgated vide G.O.Ms.No.221, dated 16.07.1994 require the constitution of a District Selection Committee under the Chairmanship of District Collector for conducting selections for appointment to the posts of teaches in the Government and Zilla Parishad Schools. Selection consists of written test and an oral interview. The number of candidates to be called for interview shall be restricted to thrice the number of posts. For the selections of the teachers in 1996 (DSC– 1996), the respondents 1 to 4 herein appeared, but they were not called for interview on the ground that they did not secure the cut off marks while determining the number of candidates to be called for interview. Feeling aggrieved, the respondents 1 and 2 filed O.A.No.5313 of 1996, respondent No.3 along with four others filed O.A.No.4855 of 1996 and respondent No.4 along with four others filed O.A.No.4805 of 1996. The OAs were opposed by the Government inter alia contending that the respondents did not secure the cut off marks determined by the DSC for respective categories to which they belonged. The Tribunal, however, did not countenance the same. They came to the conclusion that the written test being in the nature of screening test, the DSC is bound to invite all the applicants in the ratio of 1:3 irrespective of the cut off marks. Accordingly, a direction was issued to verity the marks obtained by the respondents in the written examination and oral interview and to appoint them if they secure more marks than the last candidate already appointed. In this writ petition filed against the order of the Tribunal in O.A.No.5313 of 1996, it is contended that as per the rules only those candidates who secure minimum of 50 marks in case of OC, 45 marks in case of BCs and 40 marks in the case of SCs/STs out of 85 shall be eligible to be called for interview, and therefore the direction issued by the Tribunal is contrary to Rule 13(a) of the Rules. We have heard the Government Pleader for Services-I and the counsel for respondents. Rule 12 of the Rules requires the written test to be conducted in all the Districts where there are vacancies. As per Rule 13(a), only those candidates who secure minimum marks in the written test, as submitted by the petitioners should be called for interview subject to Rule 13(b) which restricts number of candidates to be called for interview to thrice the number of posts advertised. It is brought to our notice that the respondents 2, 3 and 4 who belong to OC category secured 42.5, 44.5 and 44.5 respectively out of 85 marks, and therefore, they would not be coming up for selection. The first respondent who belongs to BC(B) secured 42 marks out of 85 marks, and therefore, they are not eligible. The DEO has also informed the respondents about their not coming up within the ratio of 1:3 for calling them to oral interview as per Rule 13(a) and (b). This is not disputed by respondents. Further, the issue in this case is selection of the respondents with reference to DSC, 1996. If at this point of time, any such direction is issued, it would amount to putting the clock back. Admittedly the respondents were not called for interview as they did not secure a requisite marks as per Rule 13(a). We are therefore inclined to interfere in the matter. The writ petition, with the above observations, is allowed and the order of the Tribunal is set aside. No costs. _______________ (V.V.S.RAO, J) ___________________ (K.G.SHANKAR, J) 14.09.2011 Pln