IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 26273 of 2008 Between: S. Srinivas, S/o. Venkataiah, Presently working at M.P.H. School, Hanumanthunipet, Karimnagar District. ..... PETITIONER AND 1 The Commissioner and Director of School Education, Government of Andhra Pradesh, Hyderabad. 2 The District Educational Officer, Karimnagar, Karimnagar District. 3 The Mandal Educational Officer, Kotaram Mandal, Karimnagar 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 particularly one in the nature of Writ of Mandamus declaring the order passed in O.A.No. 2009/2006 dt. 31-10-2008 on the file of Hon'ble A.P. Administrative Tribunal, Hyderabad by declaring the same as illegal, arbitrary and violative of rights guaranteed under Article 14, 16 and 21 of the Constitution of India and consequently set-aside the same and pass Counsel for the Petitioner:MR.V.MALLIK Counsel for the Respondent No.: GP FOR EDUCATION The Court made the following : THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 26273 of 2008 Oral Order : ( Per Sri GM, J ) This Writ Petition has been filed challenging the order dated 31-10-2008 passed in O.A. No.2009 of 2006 by the Andhra Pradesh Administrative Tribunal, Hyderabad. O.A.No.2009 of 2006 was filed by the writ petitioner herein challenging the show cause notice dated 21-3-2006 informing the petitioner that the qualification of B.Ed. with Special Education ( Hearing impaired ) from Osmania University, acquired by him is not equivalent to B.Ed. general qualification. The Tribunal on adjudication of the matter, dismissed the O.A. Hence, this Writ Petition. This Court while admitting the Writ Petition by its order dated 2-12-2008, while suspending the impugned order passed by the Tribunal, has permitted the petitioner to file explanation to the show cause notice dated 21-3-2006, and on such explanation being filed by the petitioner the authorities were directed to examine the same and dispose it of within a period of three weeks from the date of receipt of a copy of the order. Pursuant to the said order passed by this Court, the 2nd respondent, after examination of the matter, by order dated 27- 12-2008, rejected the explanation of the petitioner stating that that the termination orders dated 25-1-2008 holds good. In the above circumstances, we deem it appropriate to permit the petitioner to file fresh O.A. before the Tribunal challenging the order dated 27-12-2008 passed by the 2nd respondent herein, and on such O.A. being filed by the petitioner, the Tribunal shall adjudicate the matter strictly on merits, and pass appropriate orders expeditiously, without influenced by its earlier order dated 31-10-2008 passed in O.A.No.2009 of 2006. Subject to above directions, the WPMP No.745 of 2009 stands dismissed and the Writ Petition is disposed of accordingly. No costs. ________________________ GHULAM MOHAMMED, J __________________ SANJAY KUMAR, J Date : 2-2-2009 Kk THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 26273 of 2008 2-2-2009