IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION No.13734 of 2009 Between: 1 The Government of Andhra Pradesh, Rep. by its Secretary, Education Department, Secretariat Buildings, Secretariat, Hyderabad. 2 The Director of School Education, DSC 1989 Karimnagar District, Karimangar. 3 The District Collector/Chairman DSC 1989 Karimnagar District, Karimangar. 4 The District Educational Officer/Member Convener, DSC 1989, Karimnagar District, Karimnagar. 5 The Chief Executive Officer, Karimnagar District Karimnagar. ..... PETITIONER(S) AND Ayesha Begum R/o. 10-1-113 (old) 173 (New) Behind Petrol Bunk, Ramnagar, Karimnagar District, Karimnagar .....RESPONDENT 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 an appropriate writ or direction more particularly one in the nature of writ of Certiorari calling for the records for relating to and connected with Order dt. 14-3-2008 in OA No. 5395 of 2004 on the file of the Hon'ble Andhra Pradesh Administrative Tribunal , Hyderabad and to quash or set aside the same by holding as erroneous and contrary to law, and to pass Counsel for the Petitioner:GP FOR SERVICES I Counsel for the Respondent No.: . The Court made the following : THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION No.13734 of 2009 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) The respondent-applicant filed O.A.No.5395 of 2004 seeking a direction to the petitioners herein to consider her case for appointment to the post of Special Grade Teacher on par with her counterparts, as has been done to them through Government Memo, dated 21-02-2004, with all consequential benefits and to declare the action of the petitioners herein in not following the judgment in O.A.No.6317 of 2001, dated 04-06-2002 as illegal and arbitrary. The Government issued Memo, dated 21-02-2004, deciding to appoint Special Teachers, who were appointed on a monthly salary of Rs.398/- and whose services were either terminated since they did not have qualifying marks or are continuing based on the orders of A.P.Administrative Tribunal as Special Grade Teachers in the unfilled vacancies. The same will apply to the petitioners in W.P.No.10586 of 1999 and batch in the Districts of Krishna, Karimnagar, Nalgonda District and their appointment will be made based on merit order. The District Educational Officer, Karimnagar refused to appoint the respondent herein as Special Teacher on the ground that she has secured less than 40 marks. Questioning the said action, the present O.A. was filed by the respondent herein. The Tribunal vide order, dated 14-03-2008, allowed the said O.A. on the ground that the earlier order of the Tribunal in O.A.No.6317 of 2001 has become final. Aggrieved by the same, the respondents in the O.A. filed the present writ petition. Learned Government Pleader appearing for the petitioners submits that as per the judgment of this court in W.P.No.10586 of 1999 and batch, dated 28-08-2000, 911 petitioners, who stand qualified to be appointed in order of merit, shall continue and others have to pave the way for more meritorious basing on the merit list. In fact, learned Government Pleader has not stated as to whether the respondent herein has been figured within 911 petitioners in W.P.No.10586 of 1999 or not, but it is stated that she has secured less than 40 marks and, therefore, she was not selected. We are unable to accept the said contention, as the Tribunal in O.A.No.6317 of 2001, after considering the order passed by this court in W.P.No.10586 of 1999 and batch, dated 28-08-2000, set aside the earlier orders of the Government, and a specific direction has been given to the petitioners herein to issue appointment orders to all the 25 applicants therein as Special Teachers in Karimnagar District and the respondent herein being applicant No.22 in the said O.A., we are of the opinion that as the order in O.A.No.6317 of 2001 has not been questioned by the Government and the same has become final, the Tribunal rightly allowed the present O.A. Therefore, we do not see any infirmity either legal or otherwise in the impugned order so as to call for interference by this Court under Article 226 of the Constitution of India. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ________________ V.ESWARAIAH, J _____________________ P.SWAROOP REDDY, J Date: 10-07-2009 Prv