IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 11509 of 2003 Between: 1. M.V.S.S.Sarma S/o Suryanarayana Dummugudem Mandal, Khammam District (W.P. is dismissed as withdrawn against Petitioner No.1 as per court order dated 04.09.2003 in W.P.No.11509/2003). 2. D.Venkateswarlu s/o K. Lachaiah Bhadrachalam mandal, Khammam District 3. Ms.R. Karunamai d/o R.P. Ramaraju AHS Usirikayalapally, Singareni Mandal Khammam District 4. Smt.K.Jhansi Bai w/o A.S. Prakash Kumar, AHS Bojjagudem, Yellandu mandal, Khammam District ..... PETITIONERS AND 1. The Integrated Tribal Development Agency rep by its Project Officer Bhadrachalam, Khammam District 2. Commissioner of Tribal Welfare, Telugu Samkshema Bhavan, Masabtank, Hyderabad 3. Commissioner and Director of School Education, Saifabad, Hyderabad .....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 a writ, order or direction more in the nature of mandamus declaring the orders passed by the 3rd respondent in Rc.NO.4068/C3-4/2002, dated 16-12-2002 for implementation of passing of departmental tests for promotion to the post of panel grade Headmasters as provided under G.O.Ms. No. 505, Education dated 16-11-1998 even in respect of the teachers who are working in ITDA under Tribal Welfare Department, without there being any service Rules constituted or framed and without adopting the rules issued in G.O.Ms. No.505, Edn., dated 16-11-1998 as highly arbitrary, illegal and violative of Article 14, 16 and 21 of the Constitution of India and consequentially to declare the said proceedings issued by the Commissioner and Director of School Education dt 16-12-2002 as void abinitio and have no application to the teachers who are working in ITDA for the purpose of passing of departmental tests for their promotion to the post of panel Grade Headmasters from school Assistant and direct the respondents to grant all seniority and promotion to the petitioners w.e.f. from the date on which they are qualified with continuity of service. Counsel for the Petitioner: MR.P.V.RAMANA Counsel for the Respondents: GP FOR SCHOOL EDUCATION The Court made the following : O R D E R This very writ petition was filed questioning the proceedings in Rc.No.4068/C3-4/2002, dated 16.12.2002 of the third respondent making it compulsory to the petitioners to pass departmental tests for considering their promotions to the post of Panel Grade Headmasters as contemplated in G.O.Ms.No.505, Education, Dated 16.11.1998. This writ petition was filed in the year 2003 and by that time all the petitioners were below the age of 50 years. Now the learned counsel for the petitioners submits that now the situation is altogether different for the reason that all the petitioners have crossed the age of 50 years, and even assuming that the said G.O. is applicable, all the petitioners have crossed the age of 50 years of age and they are entitled for exemption from passing the departmental tests referred to in Column No.3 of Rule-11 of the said G.O.. Learned Government Pleader also does not dispute about this position. In the light of the above clause in Column No.3 of Rule-11, this writ petition is disposed of, without going into the merits of the case, directing the respondents to consider the case of the petitioners for Panel Grade Headmasters treating that they are entitled for exemption from passing the Departmental Tests, since they have crossed the age of 50 years, and pass appropriate orders within a period of three months from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. No costs. ---------------------------- JUSTICE C.V.RAMULU 1ST DECEMBER, 2004 PGS To 1. The Integrated Tribal Development Agency rep by its Project Officer Bhadrachalam, Khammam District 2. Commissioner of Tribal Welfare, Telugu Samkshema Bhavan, Masabtank, Hyderabad 3. Commissioner and Director of School Education, Saifabad, Hyderabad THE HONOURABLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO.11509 OF 2003 1ST DECEMBER, 2004