IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 7034 of 2009 Between: M. Bhaskar Rao, S/o. Seetharamulu, R/o. II No. 52-3, Rangapuram (V), Palvancha Mandal, Khammam District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, School Education Department, Secretariat, Hyderabad. 2 The Director of School Education, Government of Andhra Pradesh at Hyderabad. 3 The District Collector and Chairman, Khammam District at Khammam. 4 The District Educational Officer, Khammam District at Khammam. 5 The Chief Executive Officer Z.P.P. Khammam District at Khammam. .....RESPONDENTS 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 one in the nature of Writ of Mandamus declaring the action of the respondents in not receiving the application of the petitioner for the post of Secondary Grade Teacher (SGT) in D.S.C. 2008 only on the ground that the petitioner is prosecuting his qualifying final year examination i.e., D.Ed. only in the Private Educational Institution and also on the ground that his final year examination for qualifying certificate may not be held in the month of May, 2009, as illegal, unlawful, contrary to law and against Article 14, 16 & 21 of the Indian Constitution and consequently direct the respondents to permit the petitioner to submit his application for DSC-2008 for the post of SGT in Khammam District and permit him to appear for the Written Test to be held for DSC -2008 on 29-05-2009 and however his appointment will be subject to the outcome of his success in the qualifying final examination i.e., D.Ed at the time of selection as relaxed by the Government under G.O.Ms.No. 28, dated 29-01-2009 and also vide proceedings Rc.No. 2030/Rc-3/2008, dated 30-01-2009 issued by the 2nd respondent by setting aside the order dted 04-03-2009 in O.A.No. 3938/2009 on the file of Hon'ble A.P. Administrative Tribunal. Counsel for the Petitioner: SRI.M.DAMODAR REDDY Counsel for the Respondent.: GP FOR EDUCATION The Court made the following : THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 7034 of 2009 ORAL ORDER: (Per Hon’ble Sri. Justice B. Seshasayana Reddy) This writ petition has been filed by the applicant in O.A.No.3938 of 2009 on the file of the A.P. Administrative Tribunal, Hyderabad, assailing the order dated 4.3.2009, whereby and whereunder, the learned Tribunal dismissed the application filed under Section 19 of the Administrative Tribunals Act, 1985. D.S.C. notification, dated 6.12.2008 came to be issued calling for the applications for the post of Secondary Grade Teachers. The petitioner was pursuing D.Ed final year as on the date of the notification. According to the petitioner, the application tendered by him has not been received by the authorities. Therefore, he approached the Tribunal assailing the action of the authorities in not receiving the application. The Tribunal refused to grant the relief sought for by the petitioner on the ground that the petitioner approached the Tribunal after 16 days of expiry of last date of receipt of the application. Hence, the writ petition. Heard the learned Counsel appearing for the petitioner and the learned Government Pleader for Services I appearing for the respondents. The learned Counsel for the petitioner submitted that the petitioner tendered the application, but the same has not been received by the authorities and therefore, necessary direction may be issued to the authorities to receive the application. The same contention was advanced by the applicant before the Tribunal. The Tribunal, on considering the material brought on record, came to the conclusion that the petitioner-applicant did not place any evidence to show that he tendered the application within the time. The petitioner failed to place on record any proof to show that he tendered the application before the last date fixed for submission of the application in the notification, dated 6.12.2008. Therefore, we do not see any flaw in the order passed by the Tribunal. Accordingly, the writ petition is dismissed at the admission stage. No order as to costs. __________________________ Justice Ghulam Mohammed ______________________________ Justice B. Seshasayana Reddy Date: 6.4.2009 Nn THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 7034 of 2009 (Order delivered by Hon’ble Sri Justice B. Seshasayana Reddy) 06.04.2009