THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTIE G. BHAVANI PRASAD WRIT PETITION No.8967 of 2010 ORDER: (Per GBP,J) The writ petitioner is aggrieved by the orders of the Andhra Pradesh Administrative Tribunal dated 02.03.2010 in O.A.No.209 of 2010, whereby the Tribunal refused to interfere with the proceedings of the Commissioner and Director of School Education refusing to consider the request of the writ petitioner for being posted in the vacancy at Munnangi as a secondary grade teacher. 2. The factual background for the dispute is that the writ petitioner who is working as a secondary grade teacher in Mandal Parishad Primary School of Jupudi Village, Amaravathi Mandal, Guntur District, claimed that earlier she applied for posting at Jupudi after completion of four years of working in Kollipara Mandal. After counselling and posting at Jupudi, she came to know that the vacancy at Munnangi was not notified through her husband, who is also an employee working near Munnangi. Therefore, she filed O.A.No.10135 of 2009 challenging the omission to notify the vacancy at Munnangi, depriving her of the benefit of spouse rule in transfers and postings. The Tribunal directed to file an appeal before the Commissioner, which she accordingly filed. The appeal was rejected, on which the present O.A., being O.A.No.209 of 2010, was filed. But the Tribunal refused to interfere with it on the ground that it was the writ petitioner herself who made a request for transfer to Jupudi. 3. Smt. S.A.V. Ratnam, learned counsel for the petitioner questioned the order of the Tribunal primarily on the ground that it ignored to take into account the absence of any justifiable reason for omitting to notify Munnangi as one of the places where vacancy was available at the time of counselling. 4. Learned Government Pleader for Services I has admitted that it was due to a mistake in software of the computer that the said place was omitted from the counselling, but he assured that the request of the writ petitioner can be considered in the next counselling in relaxation of the relevant Rules, if the Court so directs. 5. Now the parties and the Court are faced with a fact situation, whereby the next counselling for transfers of teachers is fast approaching to be conducted in June, 2010. It is only Rule 14 of the Andhra Pradesh Teachers (General Promotions and Regulation of Transfers) Rules issued in G.O.Ms.No.15 Education (SE-Ser.II) Department dated 26.01.2009 that stands in way of the writ petitioner to be considered for the posting at Munnangi during such counselling. But as injustice admittedly had been done to her by omitting the place depriving her of the opportunity of being considered for posting nearer to her husband, the extraordinary original jurisdiction of this Court under Article 226 of the Constitution has to be exercised in equity to direct the respondents to notify the vacancy at Munnangi in the next counselling and also to consider the request of the writ petitioner’s posting at such place, in such vacancy, if she is otherwise eligible for the same, in relaxation of the Rule 14 of the above referred Rules. 6. The Writ Petition is ordered accordingly. There shall be no order as to costs. ______________________ GHULAM MOHAMMED, J _____________________ 22nd April, 2010 G. BHAVANI PRASAD, J GHN