THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.24131 OF 2009 Dt.22.1.2010 Between: K.Sharadha .. Petitioner And The Government of A.P., rep. by its Secretary, Education Department, A.P. Secretariat, Hyderabad and others .. Respondents THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.24131 OF 2009 ORDER: (Per Sri Justice V.Eswaraiah) Petitioner herein is the applicant in O.A.No.8265 of 2009 on the file of the Andhra Pradesh Administrative Tribunal. She filed the said O.A. questioning the proceedings vide R.C.No.5178/A6/2009, dated 16.7.2009, issued by the 3rd respondent, in so far as it relates to transferring the 5th respondent in the place of the petitioner as illegal and arbitrary and contrary to the statutory rule 15(c) of G.O.Ms.No.15, Education (SE.Services-II) Department, dated 26.1.2009. The said O.A. was dismissed by the Tribunal by order dated 15.10.2009. Aggrieved by the same, this writ petition is filed. It is the case of the petitioner that she was initially appointed as Secondary Grade Teacher and thereafter promoted as School Assistant in 1996. Again she was promoted as Head Mistresses vide proceedings in Rc.No.2020/A3/09, dated 29.1.2009 from Z.P.High School, Alampally (Telugu Medium) to Z.P.High School (Girls), Vikarabad and her name was at Sl.No.178. It is stated that at the time of her promotion she opted to Z.P.High School (Girls), Vikarabad and therefore she was posted at Z.P.High School (Girls), Vikarabad vide the aforesaid proceedings. Thereafter, the District Educational Officer, Ranga Reddy District issued notification on 14.7.2009 stating that the transfers of Grade-II Head Masters will take place on 15th and 16th July, 2009 in the office of the Mandal Parishad, Rajendranagar. The petitioner applied on 16.7.2009 for her retention at Z.P.High School (Girls), Vikarabad. But one day before the date of counseling i.e., on 15.7.2009 the option of the 5th respondent was considered and he was posted at Z.P.High School (Girls), Vikarabad, whereas the petitioner’s case was considered on the next day i.e., on 16.7.2009 and posted her at Z.P.High School, Madanapally, Vikarabad Mandal. It is the case of the petitioner that under Rule 13(c) of the transfer rules issued in G.O.Ms.No.15, dated 26.1.2009, if no women H.Ms / Teachers are available to work in Girls Schools including High Schools, then male H.Ms / Teachers who are over and above 50 years age will be considered for posting to such schools. It is stated that she being the woman Head Mistress working at Z.P.High School (Girls), Vikarabad, is entitled to be considered for retention at the same place than that of considering the option of the 5th respondent. It is not in dispute that the 5th respondent is over and above 50 years. The grievance of the petitioner is that the transfer committee ought not to have considered the option exercised by the 5th respondent on 15.7.2009 without waiting for the next day’s counseling in which she has opted to be posted at Z.P.High School (Girls), Vikarabad. It is further stated that as per para 11 of the guidelines issued by the Commissioner and Director of School Education for transfer counseling it is clearly stated that the recently promoted teachers need not apply through online and based on the promotions seniority list, and the counseling shall be conducted for the balance of the vacancies after completion of the counseling of all existing teachers. If any promoted teacher is absent for counseling, in absentia, orders shall be issued after the counseling of that particular category. It is thus stated that as per the transfer guidelines there is no requirement for exercising option online and therefore she has right to exercise option on the date of counseling i.e., on 16.7.2009. We are unable to appreciate the said contention. The Government framed the rules called as the Andhra Pradesh Teachers (General Promotions and regulation of Transfers) Rules in G.O.Ms.No.15, Education (SE.Ser.II) Department, dated 26.1.2009. Rules 2 to 8 deal with promotions, whereas rules for transfers are from Rule 9 onwards. Rule 13 deals with Criteria for transfers. Under Rule 13(a) those who have completed 8 years service in a particular school / Panchayat / Municipality or Municipal Corporation in all schools as on 1st July of every year shall be compulsorily transferred. Under Rule 13(c) if no women HMs / Teachers are available to work in Girls Schools including High Schools, then male HMs / Teachers who are over and above 50 years age will be considered for posting to such schools. Under Rule 13(d) if any Head Master /Teacher fail to apply and attend counseling, such persons will be allocated to the left over vacancies in the counseling and no further correspondence will be entertained. Under Rule 14 Head Masters Gr.II Gazetted / Teachers who have put in more than two years of service in a place / school and above as on 1st July are only eligible to apply for transfer. Under Rule 21 Teachers who have completed two years of stay in a particular School / place as on 1st July of the year and who are interested for transfer shall apply through online. If any of them fail to submit application through online or fail to attend the counseling are liable to be transferred to the available left over vacancies. Therefore, it cannot be said that there was no any requirement for the HMs / Teachers to apply for transfer exercising their preferential places. The guidelines said to have been issued by the Commissioner cannot override the statutory rules issued in G.O.Ms.No.15, dated 26.1.2009. The said Rules were issued by the rule making authority in exercise of powers conferred under Sections 78 and 99 of A.P. Education Act, 1982. Even as per the transfer guidelines issued by the Commissioner all the Teachers / HMs who have completed 8 years of service shall compulsorily apply for transfer under guideline No.10. So far as the recently promoted teachers are concerned, they need not apply through online as per guideline 11(a). We are of the opinion that the said guidelines run contrary to the statutory rules issued in the aforesaid G.O., and therefore it cannot be said that the transfer counseling is not right in considering the option exercised by the candidates in posting them at appropriate place on the first day of counseling i.e., on 15.7.2009. Admittedly, the petitioner has not exercised her option before 16.7.2009. In the absence of any such option exercised by the petitioner on 15.7.2009, considering the option exercised by the 5th respondent and posting him at the place of Z.P.High School (Girls), Vikarabad, who is aged above 50 years, cannot be considered as illegal and arbitrary. At the time of admission of the writ petition, we have passed ex parte interim order on 12.11.2009 without being aware that the option of the petitioner was not their on 15.7.2009. It is not in dispute that her application was not at all their on 15.7.2009 exercising her option at Vikarabad. We are therefore of the opinion that the Tribunal has rightly observed that no prejudice is caused to the petitioner as she has been posted at Z.P.High School, Madanapally, which is just 8 K.Ms., away from Vikarabad. Therefore, we do not see any infirmity or error committed by the Tribunal in warranting interference with the order of the Tribunal. The writ petition is accordingly dismissed. No order as to costs. ________________ V.ESWARAIAH, J. ________________________ VILAS V. AFZULPURKAR, J. 22.1.2010 kpr