IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF DECEMBER, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.21593 of 1999 Between: V. Harishankar … Petitioner AND The Regional Joint Director of School Education, Kachiguda, Hyderabad & others. … Respondents Counsel for the petitioner : Miss. S. Anuradha Counsel for the respondents: AGP for School Education This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.21593 of 1999 ORDER:- This writ petition is filed for a Writ of Mandamus to set aside order dated 20.09.1999 passed by respondent No.1, whereby the proposals sent by respondent No.3 to approve the appointment of the petitioner as Headmaster of Dr.B.R.Ambedkar High School, Bagh Lingampally, Hyderabad was turned down. Heard Miss. S. Anuradha, learned counsel for the petitioner and the learned Assistant Government Pleader for School Education. The petitioner claims that his case was considered for promotion to the post of Headmaster, as he is eligible as Language Pandit Grade-I. The grievance of the petitioner is that by the impugned order the proposals sent by respondent No.3 was rejected by respondent No.1. Learned counsel placed heavy reliance on G.O.Ms.No.167 dated 09.03.1984, which provides for qualifications and method of recruitment to the post of Headmasters. The annexure, to the extent, it is relevant, is extracted below: ate- ory Name of the post Scale of pay Method of Recruitment Qualification . Headmasters Rs.900 – 1,500/-. By promotion in the following order of preference from any of the qualified persons in the categories of; 1. School Asst. Gr.I. 2. School Asst. Gr.II (Special and Ordinary categories). 3. Post-Graduate Asst. (Upgraded School Asst.). 4. Language Pandits Gr.I (Special and Ordinary category). 5. Regional Inspector or Physical Edn. & Phy. Director Grade.I. 6. Phy. Director Gr.II. 1. An academic degree + B.Ed. 2. H.M Accounts test in respect of all managements except the Govt. Schools and P.Raj Schools before provincialisation or service. OR Dy. Inspector Test in Full or Accounts test for sub- ordinate officers Part- I. The learned counsel for the petitioner submitted that as the petitioner is very much eligible and qualified for being promoted as Headmaster and respondent No.3 rightly selected him and sent proposals for approval, but respondent No.1 illegally rejected the same. I have carefully considered the submissions of the learned counsel for the petitioner. The reason for rejection of the proposals to approve the petitioner’s promotion was that in the private aided schools, a language pandit can be promoted as Headmaster only when qualified School Assistants are not available. It is not the pleaded case of the petitioner that there were no qualified School Assistants or Post-Graduate Assistants, who figured at Sl.Nos.1 to 3, above Language Pandits Grade-I in order of preference. Therefore, I do not find any illegality in respondent No.1 in rejecting the proposals of respondent No.3 to promote the petitioner as Headmaster. Unless the petitioner is able to plead and demonstrate with relevant material that the School did not have Grade-I or Grade-II School Assistants and Post- Graduate Assistant, the ground on which the petitioner’s appointment was not approved cannot be successfully challenged. For the abovementioned reasons, the writ petition fails and is accordingly dismissed. As a sequel to dismissal of the writ petition, WPMP.Nos.27073 of 1999 and 23263 of 2007 are also dismissed. ____________________________ C.V.NAGARJUNA REDDY, J Date: 04.12.2008 ES