IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 17138 of 2008 Between: T.S Praveen Kumar S/o.T.Stephen In English Government Junior College Hanumakonda,Warangal District ..... PETITIONER AND 1State Of A.P rep.by its Principal Secretary to Government Higher Education Department,Secretariat Hyderabad 2The Commissioner and Director of Collegiate Education Nampally,Hyderabad 3The Commissioner and Director of Intermediate Education Nampally,Hyderabad 4T.Kameshwar Rao S/o.T J.Madhu Kameshwar Rao Govt Jr College Burga,Srikakulam District 5P.Lakhama Reddy S/o.Veera Reddy Jadcherla,Mahabubnagar District 6B.Balraj S/o.B.Prakash Rao Shadnagar,Mahabubnagar District 7N.Srinivasa Chary S/o N.Lakshmi Narayana Govt Junior College,Saroornagar,Ranga Reddy District 8D.Laxmi Kanth Kumar S/o.D Manohar Manchal Ranga Reddy District 9M.Narsi Reddy S/o.Sathi Reddy Boys Nalgonda,Nalgonda 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 to issue a writ order or direction more in the nature of writ of Certiorari calling for the records relating to order of the Hon'ble A.P Administrative Tribunal Dt.4-8-2008 in O.A No.5970 of 2008 and quash the same and further declare 4-8-2008 in O.A No.5970 of 2008 and quash the same and further declare G.O.Ms No.123 dt.21-7-2008 as arbitrary and violative of Article 14 and 16 of the constitution of India and consequently suspend the same pending disposal of the O.A before the Hon'ble AP Administrative Tribunal and to pass Counsel for the Petitioner:MR.J.R.MANOHAR RAO Counsel for the Respondent No.: GP FOR HIGHER EDUCATION The Court made the following : THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU W.P.No.17138 of 2008 ORAL ORDER: (per Hon’ble Mr.Justice Ghulam Mohammed) This writ petition is ﬁled seeking to quash the order made in O.A.No.5970 of 2008 dated 4.8.2008 on the ﬁle of A.P. Administrative Tribunal, Hyderabad. The petitioner has challenged the validity of G.O.Ms.No.123 dated 21.7.2008 in the above O.A. According to him, the Government issued amendment vide G.O.Ms.No.123 dated 21.7.2008 proposing to consider the candidates with lesser qualiﬁcations for promotion to the post of Lecturer, which is nothing but downgrading the standard of education and ignoring the better qualiﬁed candidates. The Tribunal while admitting the O.A., passed the following order: “Heard both sides. Perused the ﬁle relating to G.O.Ms.No.123 dated 21.7.2008. This is a ﬁt case for admission. But, as the presumption is in favour of the validity of the Statutory Rule, we do not propose to stay the same. However, any promotions or consequential service conditions will be subject to the result of this O.A. Time is extended for ﬁling the counter ﬁnally for four weeks”. Hence, the present writ petition is filed by the applicant. The petitioner has challenged the legality or otherwise of the G.O.Ms.NO.123 dated 21.7.2008 and the same has to be decided by the Tribunal. The Tribunal, while admitting the O.A. has safeguarded the interest of the petitioner by observing that the promotions, if any, will be subject to the result of the O.A. It appears, petitioner has rushed to this Court as the Tribunal did not grant any interim order in his favour. When the Tribunal is seized of the matter and there is no ﬁnal determination in the O.A., we are not inclined to express any opinion on merits of the case. In view of the nature of the controversy and having regard to the eﬀect of amendment, we direct the respondents to ﬁle counter within a period of two weeks from the date of receipt of this order and thereafter, the Tribunal shall dispose of the O.A. itself within a period of four weeks. The writ petition is accordingly disposed of. No order as to costs. ____________________ GHULAM MOHAMMED, J _____________ C.V.RAMULU, J Date: 7.8.2008 DA THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU W.P.No.17138 of 2008 7.8.2008