IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 7515 of 2009 Between: 1 Chinna Kistaiah S/o.N.Ramaiah, UPS, Baswaipally Village, Devarkadra Mandal, Mahabubnagar District. 2 Ramanna S/o.G.Savaranna ZPHS Kondur Village, Itikyal Mandal, Mahabubnagar District. 3 B.Kalidas S/o.Hanmanthu ZPHS Waddeman Village, C.C.Kunta Mandal, Mahabubnagar District. 4 Sayanna S/o.Bojjanna ZPHS Maldakal Village & Mandal, Mahabubnagar District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, represented by its Principal Secretary to Education Department, Secretariat Buildings, Hyderabad. 2 The Director of School Education, A.P., Hyderabad. 3 The Regional Joint Director of School Education, Zone-VI., Hyderabad. 4 The District Educational Officer, Mahabubnagar. 5 Sudhakar S/o.Devanna UPS, Uppal Camp, Hyderabad. 6 K.Ramadasu S/o.Yellaiah Government High School, Police Line, Mahabubnagar. .....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 an order or direction more in the nature of Writ of Mandamus, to declare the orders dt.5.2.2009 in O.A.No.1349/2009 of the A.P.A.T., and impugned G.O.Ms.No.10, dated 23.1.2009 and also G.O.Ms.No.20, dt. 27.1.2009 of the 1st respondent and set aside the same in so far as the Rules exempting the persons from passing the departmental tests for promotion to the post of Head Master Grade-II by declaring the exemption granted in favour of unqualified persons as illegal, arbitrary, discriminatory, violation of Article 14 and 16 of Constitution of India and consequently direct the respondents to promote the petitioners as Head Masters Grade-II in preference to the unqualified persons including the unofficial respondents and grant all other service and monetary benefits. Counsel for the Petitioner:MR.POODATTU AMARENDER Counsel for Respondent Nos.1 to 4: GP FOR SERVICES I The Court made the following : ORDER: (Per GM, J) This writ petition is filed seeking a writ of mandamus to declare the order dated 05.02.2009 passed in O.A.No.1349 of 2009 by the Andhra Pradesh Administrative Tribunal and G.O.Ms.Nos.10 and 20, dated 23.01.2009 and 27.01.2009 respectively, issued by the first respondent, as illegal and arbitrary. 2. The petitioners are the approved probationers in the category of School Assistants and are qualified for promotion to the post of Head Master Grade-II as per G.O.Ms.No.183 dated 30.12.2008. Subsequently, the Government issued G.O.Ms.No.10 dated 23.01.2009 in supersession of G.O.Ms.No.183. In sub- paragraph (iii) of paragraph 7 of the said G.O. exempts from passing the departmental tests for the persons, who have crossed 45 years of age. Thereafter, the Government issued another G.O.Ms.No.20, dated 27.01.2009 where under passing of departmental tests has been relaxed in respect of the persons, who have crossed 50 years of age. Under the guise of the said G.Os, several persons including the unofficial respondents have got promotions and they are also being eligible for further promotions, so the petitioners are being deprived of their promotional chances. Challenging the said G.Os, the petitioners filed O.A.No.1349 of 2009 before the Tribunal. While admitting the said O.A., the Tribunal refused to grant an interim relief sought for by the petitioners. Hence, the petitioners filed the present writ petition. 3. Heard the learned counsel on either side and perused the material on record. 4. As per G.O.Ms.No.10, dated, 23.01.2009, all persons, who have crossed 45 years of age, shall be exempted from passing the departmental tests for promotion to the next higher category. Pursuant to the suggestions made by the Director of School Education, the first respondent issued G.O.Ms.No.20 dated 27.01.2009 wherein an erratum is issued to the notification issued in G.O.Ms.No.10, dated 23.01.2009. In the said G.O., it is mentioned that under Rule 7(iii)(b) of the Andhra Pradesh School Educational Services Rules, all persons, who have completed 50 years on the date of appointment to any higher post shall be exempted from passing the required tests. 5. Since G.O.Ms.No.20, dated 27.01.2009 is issued amending G.O.Ms.No.10 by way of erratum, and the matter is pending before the Tribunal, we are not inclined to express any opinion with regard to the legality or otherwise of the impugned G.Os. However, we deem it appropriate to direct the Tribunal to dispose of O.A.No.1349 of 2009 in accordance with law, as expeditiously as possible, preferably, within a period of eight weeks from the date of receipt of a copy of this order. 6. With the above direction, the Writ Petition is disposed of. No costs. ______________________ GHULAM MOHAMMED, J ________________________ B.SESHASAYANA REDDY, J Date:15.04.2009 Note: Issue CC by one week. Copy to the Registrar,APAT, Hyderabad. (Bo) sj