IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 27449 of 2008 Between: 1 The Government of Andhra Pradesh, Rep by its Secretary, School Education, Secretariat Buildings, Hyderabad. 2 The Director of School Education, Andhra Pradesh, Hyderabad. 3 The District Educational Officer, Srikakulam District, Srikakulam. ..... PETITIONER(S) AND N. Swarna Sri W/o. Ch. V. Kameswara Rao, R/o. Korlam Village, Vya Baruva RS Sompeta Mandal, Srikakulam District. .....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 a writ, order or direction more particularly one in the nature of Writ of Certiorari calling for the records relating to and connected with the orders dated 5-11-2007 in OA No. 2178/2006 on the file of the AP Administrative Tribunal, Hyderabad and to quash the same by holding as erroneous and contrary to law and pass Counsel for the Petitioner:GP FOR SERVICES I Counsel for the Respondent No.1: Mr. G. Anil Kumar Caveator ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed in the nature of Certiorari seeking to quash the orders dated 5.11.2007 in O.A.No. 2178 of 2006 on the file of A.P. Administrative Tribunal, Hyderabd as erroneous and contrary to law. By the impugned order the Tribunal directed the respondents to re-consider the case of the applicant afresh for appointment to the post of Hindi Pandit Grade II in DSC 2003 of Srikakulam District within three months from the date of receipt of a copy of the order. O.A. was filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 praying the Tribunal to declare the action of the respondents in not issuing the appointment orders to him in the selections made for the post of Hindi Pandit Grade II through DSC-2003 of Srikakulam District even though he got highest marks of 85% in the written test as arbitrary, and unconstitutional. Brief facts of the case are that the applicant applied for the post of Hindi Pandit Grade II in Pursuance to the notification issued by the respondents for DSC 2003. The respondents notified 5 posts of Hindi Pandit Grade II, 1 SC, 1 ST and 3 OC for Srikakulam District. Though the applicant got highest marks in the written test, the respondent did not call the applicant for counseling on 15/16.3.2006. It is stated that out of five posts advertised, the respondents filled only 4 posts and as per the Presidential Order, first 20% of the posts should be filled following combined merit list of locals and non-locals. Since the applicant secured highest marks of 85% among the locals and non- locals of Srikakulam District, the respondents ought to have selected the applicant for the post of Hindi Pandit Grade II. On the other hand, respondents have filed counter contending that the applicant has applied for the post of Grade II Hindi Pandit under non-local category and that he has been treated as a non-local candidate. The posts notified for the post of Grade II Hindi Pandit through DSC 2003 are (1) OC (General) number of posts notified are 2, non-local - nil, and local two posts (2) OC (Women) number of posts notified are 1, non-local – nil and local- 1. It was further contended that as per G.O.Ms. NO. 186, GAD (SPF-A) dated 18.3.1977 if any candidate claiming local candidature has studied in educational institutions in the State for a period of not less than seven consecutive academic year ending with the academic year in which he appeared as the case may be , first appeared relevant qualifying examination or matriculation examination whichever is lower shall be regarded as a local candidate in relation to that local area where he has studied for maximum period within the said seven years. The applicant studied in Madhya Pradesh upto Higher Secondary Education for which she cannot be treated as a local candidate of Srikakulam District for selection and the applicant belongs to non-local category. It was contended that the applicant acquired training certificate from Parlakhemundi of Orissa State, which has no recognition of NCTC from the State concerned. The Tribunal after considering the entire material on record held that as the applicant is qualified for the post of Hindi Pandit Grade II, the action of the respondents in not considering her case for appointment to the post of Hindi Pandit Grade II in the unreserved vacancy meant for locals and non-locals of Srikakulam District in DSC 2003 is discriminatory and illegal and it directed the respondents to re- consider the case of the applicant afresh for appointment to the post of Hindi Pandit Grade II in DSC 2003 of Srikakulam District within three months from the date of receipt of a copy of the order. The learned Government Pleader for Services-I contended that Grade II Hindi Pandit posts notified by the respondents are only earmarked for Telugu medium and the candidates who have requisite qualification with other than Telugu medium as 1st language are not at all eligible for selection and the applicant has not studied Telugu as first language or concerned medium in any class of her studies. He also contended that the applicant has not studied her SSC with Telugu as first language as specifically mentioned in the notification for DSC 2003 since she has applied for the post of Grade II Hindi Pandit (Telugu medium) which is intended for Telugu Medium Schools only. He further contended that according to the Proceedings dated 6.2.2004 of the Director of School Education, A.P. Hyderabad the case of the applicant cannot be considered for the reason that she has studied her studies in other than the Andhra Pradesh State and also not resided in the A.P. State during the period of her studies. On the other hand, the learned counsel appearing for the respondent contended that after verification only petitioners have allowed her to participate in the selection process and she has secured highest marks of 85 and they have not qualified in the counseling even though the applicant secured highest marks of 85% among the locals and non-locals of Srikakulam District. We have heard the learned counsel appearing for both sides and perused the order impugned. As seen from the proceedings of the Commissioner and Director of School Education, Andhra Pradesh, Hyderabad dated 19.11.2003, Language Pandits Grade II “must possess a Oriental Title in the concerned language and Pandit Training or B.A with concerned language as one of the three equal optional subjects and Pandit Training or a B.Ed with concerned language as one of the methodology subjects. In the note (1) it is mentioned that “the candidates who have passed SSC Examination in the concerned medium or with the concerned Language as First Language are eligible to apply to the posts in the concerned medium and the candidates who have passed the examination of Higher standards in the concerned language/medium are also eligible to apply to the posts in that medium.” The applicant has not studied her SSC with Telugu as first language as specifically mentioned in the notification for DSC 2003 since she has applied for the post of Grade-II Hindi Pandit (Telugu medium) which is intended for Telugu Medium Schools only. This crucial aspect was not considered by the Tribunal though it was indicated that the requirement is that she should study in Telugu medium in SSC and one of the first language must be Telugu. This aspect has not been considered. Therefore, the Tribunal has committed an error. In view of the above facts and circumstances of the case, we deem it appropriate to set aside the order of the Tribunal and it is accordingly set aside. The matter is remitted to the Tribunal for fresh consideration in accordance with law after affording an opportunity to both the parties to produce relevant documents, within a period of two months from the date of receipt of a copy of this order. Accordingly, the Writ Petition is allowed. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ B. SESHASAYANA REDDY, J Dt. 18.12.2008 KA Note: Registry is directed to send a copy of this order to the Registrar, Andhra Pradesh Administrative Tribunal, Hyderabad. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies