HONOURABLE SRI JUSTICE B.PRAKASH RAO & HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO:2259 OF 2005 Thursday, the 6th day of August, 2009 Between: 1. The Regional Joint Director of School Education, Andhra Pradesh, Kachiguda, Andhra Pradesh, Hyderabad and another. …Appellants. 1. V.Srinivas Chary and others. ….Respondents. HONOURABLE SRI JUSTICE B.PRAKASH RAO & HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO:2259 OF 2005 ORDER (Per the Honourable Sri Justice B.Prakash Rao) This writ appeal is filed aggrieved by the order dated 12- 09-2005 passed in W.P.No.19131 of 2005 by the learned single judge. Respondents 1 and 2 herein are the writ petitioners. They filed the writ petition seeking to declare the action of the 1st respondent-The Regional Joint Director of School Education, Andhra Pradesh, Kachiguda, Hyderabad in rejecting the approval for appointment of the petitioners in the 3rd respondent-school as Secondary Grade Teachers vide proceedings No.1881/A1/2000 dated 27-7-2005 as unconstitutional and to issue consequential direction to the respondents to appoint the petitioners as Secondary Grade Teachers in the 3rd respondent-school in regular pay scale. The learned single judge having observed that the view taken by the 1st respondent amounts to contempt of this Court and the petitioners cannot be subjected to repeated litigation and they cannot be made to go around the Courts and having taken serious objection to the attitude exhibited by the 1st respondent, warned him to be careful, allowed the writ petition setting aside the order impugned. Further, the learned single judge directed the 1st respondent to pass fresh orders following the letter and spirit of the orders passed by this Court in W.P.No.4449 of 2000 on 21.12.2004 within a period of fifteen days from the date of receipt of a copy of that order. Having aggrieved by the same, the present appeal has been preferred. Heard the learned Government Pleader for School Education and Sri V.Srinivas, learned counsel for the respondents and perused the material available on record. Briefly stated facts of the case are that initially, the writ petitioners were appointed as Secondary Grade Teachers in the 3rd respondent-school, which is admitted to grant-in-aid. Thereafter, the 1st respondent-Regional Joint Director rejected their cases for approval on the ground that they did not undergo their studies in Hindi Medium vide his proceedings dated 20-12- 1999. Aggrieved by the same, the writ petitioners filed W.P.No.4449 of 2000 before this Court. On 21-12-2004, this Court disposed of the said writ petition observing that the stand taken by the 1st respondent, vis-à-vis, the petitioners, is not correct and that the condition relied upon by the 1st respondent would apply only to the teachers appointed in Elementary Schools and not High Schools. Therefore, the 1st respondent was directed to consider the matter afresh. Accordingly, the 1st respondent passed fresh orders on 27-7-2005 rejecting the cases of the writ petitioners. In spite of the said direction, no action is forthcoming and hence, the respondents have approached this Court once again. Having regard to the earlier proceedings wherein a specific direction has been given to consider the cases of the petitioners and having regard to the interpretation as was given in G.O.Ms.No.1129, Education, dated 28-9-1981, there is no other alternative for the appellants except to follow the same. Though an attempt is made to draw an adverse inference against the petitioners in regard to G.O.Ms.No:1129, we are not in agreement with the same in the light of the observations of this Court in the earlier writ petition In view of the same, this writ appeal is devoid of merits and thereby, the same is liable to be dismissed. Accordingly, the writ appeal is dismissed. No costs. However, it is made clear that the appellants-authorities shall pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. ________________________ Justice B.PRAKASH RAO _______________________ Justice SANJAY KUMAR Dated 6TH August, 2009. Note: Communicate the copy of this order immediately to the appellants- authorities B.O Dvs HONOURABLE SRI JUSTICE B.PRAKASH RAO & HONOURABLE SRI JUSTICE SANJAY KUMAR. WRIT APPEAL NO:2259 OF 2005 Dated 6th AUGUST, 2009