IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH 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 : 837 of 2000 Between: 1 The Director of School Education, A.P., Saifabad, Hyderabad. 2 The District Collector and Chairman, District Selection Committee, Ranga Reddy District at Lakdikapool, Hyderabad. 3 The District Educational Officer and member Converner, District Selection Committee, Ranga Reddy District. Near Paradise, Secunderabad. ..... PETITIONER(S) AND C.Prabhakar Raju, R/o. H.No. 3-11-88, K.L Reddynagar, Mallapur, Uppal Mandal, R.R.Dist .....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 notice, call for records and quash the orders in O.A. No. 4073/98, dated:3.7.98 on the file of the A.P. Administrative Tribunal, Hyderabad by issuing a Writ of Certiorari or any other appropriate Writ or Order or Direction as the Hon'ble Court deems fit and proper in the circumstances of the case to allow the Writ petition with costs. Counsel for the Petitioner:GP FOR SERVICES I Counsel for the Respondent No.: MR.P.VENKATESWAR RAO The Court made the following : THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED AND THE HONOURABLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO.837 OF 2000 O R D E R (Per Sri Justice Ghulam Mohammed) This writ petition is filed seeking a writ of certiorari to quash the common order dated 03.07.1998 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, (for brevity, ‘the Tribunal’), in O.A.No.4073 of 1998 and batch. In the said O.A., the action of the authorities in not selecting the applicant therein for the post of S.G. Teacher on the ground that he did not study Telugu as First Language in S.S.C. was challenged. By the common order dated 03.07.1998 the Tribunal held that a candidate aspiring for appointment as a Teacher must be proficient to teach in Telugu medium but was not required to study Telugu as First Language in S.S.C. and directed the respondents to declare the result of the applicant if he was qualified in the written examination and the oral interview and consider his case for appointment if he was entitled in the order of merit to such appointment. The learned Government Pleader for Services-I appearing on behalf of the petitioners in this writ petition fairly conceded that the matter is squarely covered by the Judgment of a Division Bench of this Court in DISTRICT SELECTION COMMITTEE V/s. M.VENUGOPAL[1]. The said Judgment arose out of O.A.No.1508 of 1998 which was one of the O.As. disposed of by the common order dated 03.07.1998. The learned Division Bench dismissed the writ petition holding that a statutory rule cannot be set aside or clarified through departmental instructions and the clarification dated 07.02.1996 cannot have any overriding effect over Rule 5(b) of the Rules issued in G.O.Ms.No.40, Education, dated 07.02.1992. The learned Division Bench further held that when there was no statutory provision, the imposition of a qualification that candidates should possess Telugu as First Language at High School level cannot be enforced. Stating so, the learned Division Bench refused to interfere with the common order passed by the Tribunal and dismissed the writ petition. In view of the Judgment rendered by the learned Division Bench of this Court in the aforesaid decision, the issue raised in the present writ petition is squarely covered and does not survive for adjudication. The writ petition is accordingly dismissed. There shall be no order as to costs. ------------------------------------- GHULAM MOHAMMED, J. ---------------------------- SANJAY KUMAR, J. 19TH FEBRUARY, 2009. PGS ( ) THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED AND THE HONOURABLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO.837 OF 2000 (Per Sri Justice Ghulam Mohammed) 19TH FEBRUARY, 2009. [1] 2003 (5) ALD 512