IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 13297 of 2008 Between: 1 C.V.Subba Rao S/o.C.Narayana AP Social Welfare Residential School, Ramannapet, Nalgonda district 2 R.Jhonson S/o.Swamidas AP Social Welfare Residential School/Junior college (Girls,) Sripur,Adilabad District ..... PETITIONER(S) AND 1 The Government of Andhra pradesh, rep by its Principal Secretaary, Social Welfare Department, Secretariat Hyderabad 2 The Andhra Pradesh Social Welfare Residential Educational Institutions Society(Regd),Hyderabad rep.by its Secretary DSS Bhavan complex, Masabtank Hyderabad .....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 writ order or direction more particularlyone in the nature of writ of mandamus declaring the action of the respondents in allotting 12 vacancies of principals to Wome candidates within the quota of 16 vacancies meant for PGT and calling only Women candidates in respect of those 12 vacancies for appointment to the post of Principal without having regard to the seniority list is illegal, arbitrary, and unreasonable and contrary to Article 14 of the Constitution of India and consequently direct the respondents to call the candidates for interviews for selection and appointment to the post of Principal in accordance with the intergratd final seniority list of PGTs issued by the 2nd respondent dated 13.6.2008 to be held w.e.f 25.6.2008 and further direct the respondents tomake appintments pursuant to the said selections in the interest of justice and pass Counsel for the Petitioner:MR.M.RATNA REDDY Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 13297 of 2008 ORDER: The petitioners are working as Post Graduate Teachers in the A.P. Social Welfare Residential Schools/Junior Colleges at Ramannapet, Nalgonda District and Sirpur, Adilabad District respectively. It is stated that in the combined seniority list for the entire State, they occur at place Nos.14 and 17 respectively. The respondents have started the process of selection of Principals for 16 institutions. Juniors Lecturers and Post Graduate Teachers are eligible to be considered for the same. The grievance of the petitioners is that though they occur at a fairly senior position, their cases are not being considered. Heard the learned counsel for the petitioners and the learned Standing Counsel for the respondents. Appointment to the posts of Principals in the institutions of the A.P. Social Welfare Residential Educations Institutions Society is governed by the Special Rules framed by it in the year 1996, which were modified from time to time. For every post, three candidates are to be invited for interview. Junior Lecturers as well as Post Graduate Teachers are made eligible. However, a ratio at 7:2 is maintained between these two channels. At present, 16 posts were earmarked for Post Graduate Teachers. If one goes by seniority, for selecting candidates for 16 posts of Principals earmarked for Post graduate Teachers, the petitioners naturally get eligibility. In the Recruitment Rules itself, there is a provision in Clause-VI, to the effect that wherever appointment of Principal is to an institution meant for women, women candidates alone must be considered. An exception is carved out to the effect that if suitable women candidates are not available for such institutions, men, above age of 50 years, can also be considered. In the present selections, 12 posts of Principals earmarked for Post Graduate Teachers are for institutions, meant for women. Only 4 institutions are general in nature. Since the interview call letters are to be issued at the ratio of 1:3, the petitioners naturally did not stand chance, for being considered for the 4 institutions, which are general. It has already been point out that only women candidates would be eligible to be considered for appointment as Principals for the institutions for women. The petitioners would stand a chance, if only the women candidates considered for the said posts are not found eligible either for all or some of the institutions. In such an event, depending upon the category of the posts, such as whether it is meant for women, O.C., S.C., the cases of the petitioners deserve to be considered, in case they fulfill the other requirements and fall within the zone of consideration. Therefore, the writ petition is disposed of, directing that- a) The cases of the petitioners shall be considered for the 4 posts of Principals for the general institutions, in case, they are within the zone of consideration; b) So far as the 12 posts of Principals for the institutions meant for women are concerned, the respondents shall restrict the consideration to women candidates alone, by applying the ratio of 1:3; and c) In case, for any such post, which is not, in turn, reserved for women, in the general roster, a woman candidate is not found suitable, the cases of male candidates within the same zone of consideration, shall be examined, provided they are above the age of 50 years. There shall be no order as to costs. _________ 27.06.2008 Note: Issue C.C by 30.06.2008 (B/o) JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 13297 of 2008 Date: 27.06.2008 JSU