IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.20632 OF 2011 Date:29.07. 2011 Between:- T.Srinivas .. Petitioner And The Government of Andhra Pradesh, rep.by its Principal Secretary, School Education (PE.SSA) Dept, Hyderabad and others. .. Respondents ORDER: This writ petition is filed seeking to issue writ of Mandamus directing respondent Nos.3 and 4 to consider the case of the petitioner for appointment as Cluster Resources Person by taking into consideration the qualification of the petitioner i.e, Hindi Pandit Training (HPT) and VIDWAN, which is equivalent to TTC, B.Ed., and D.Ed., by declaring the action of the respondents in not doing so as illegal and arbitrary. 2. The petitioner passed Hindi Pandit Training, which is equivalent to B.Ed., and eligible for appointment as School Assistant or Secondary Grade Teacher (S.G.T.). He previously worked as Supervisor under Non Formal Education (N.F.E.) scheme during the period from 19.09.2001 to 31.03.2001 on a remuneration of Rs.1,200/- per month. As the Government abolished that scheme with effect from 31.03.2001, the services of petitioner were terminated without redeployment in the Education Department. The Government introduced new scheme Sarva Siksha Abhiyan with effect from 01.04.2001, as an alternative to N.F.E. scheme. Respondent No.4 issued guidelines vide proceedings, dated 28.11.2000, for appointment of Cluster Resources Persons and Education Volunteers, as per which, preference shall be given to N.F.E. Personnel. The N.F.E. personnel, who worked as Supervisors with Intermediate qualification, are eligible for appointment as Cluster Resources Persons, and the persons, who worked as Instructors with X Class qualification, are eligible for appointment as Educational Volunteers. The Government of Andhra Pradesh issued G.O.Ms.Nos.55, dated 01.05.2004, 92, dated 21.08.2004, and 93, dated 21.08.2004, for appointment of School Complex Coordinators, wherein it specifically directed the Head Master for appointment of N.F.E. Supervisors and Instructors as School Complex Coordinators on the basis of their qualification and seniority. Inspite of these G.Os. and directions, no N.F.E. Supervisor or Instructor was appointed in the State and the petitioner and others became unemployees due to the abolition of N.F.E. scheme. Some persons filed W.P.No.14168 of 2003, wherein this Court directed the respondents to consider the case of petitioners therein for utilizing their services either in Open School Society as Instructors and Supervisors or in School Complexes as Coordinators. Now, the Government is intending to appoint Cluster Resources Persons without considering the case of the petitioner. Respondent No.1 issued G.O.Ms.No.73, dated 23.06.2011, directing respondent No.3 to appoint only N.F.E. Supervisors and Instructors, who are having B.Ed., and D.Ed., qualifications as Cluster Resourcesss Persons, having the age of 45 years as on 01.07.2010. Pursuant thereto, respondent No.3 directed respondent No.5 to appoint T.T.C., B.Ed., and D.Ed., qualification holders of erstwhile N.F.E. Supervisors as Cluster Resources Persons. Inspite of the said G.O., the case of the petitioner was not considered though he passed M.A. Hindi Pandit Training and also Vidwan, which is equivalent to the qualification of B.Ed. Now, respondent No.3 is intending to conduct counseling. Hence, the present writ petition. 3. Learned counsel for the petitioner contended that as per G.O.Ms.No.73, dated 23.06.2011, the petitioner is fully qualified for the post of Cluster Resources Person and therefore, he may be appointed in the said post to High School Complexes. 4. There cannot be any dispute that public employment cannot be given to any person simply because he is qualified for the post. G.O.Ms.No.73, dated 23.06.2011, only prescribes the requisite qualifications for engaging the persons as a Cluster Resources Persons to School Complexes to assist the Head Masters/Head Mistress in monitoring the activities of Sarva Shiksha Abhiyan in the State. That does not mean that the petitioner can be appointed directly as Cluster Resources Person without there being a selection process. Therefore, the petition is devoid of merit and is liable to be dismissed. 5. Accordingly, the Writ Petition is dismissed with a liberty to the petitioner to apply for the post of Cluster Resources Person whenever a notification is issued by the respondents. There shall be no order as to costs. ___________________ JUSTICE K.C.BHANU 29th July, 2011. AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.20632 OF 2011 Date:29.07.2011 AMD