IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 5162 of 2009 Between: Madavi Laxman S/o. Mothi Ram R/o. Kadaki (V) Kairadatava (P) Narnoor Mandal, Adilabad District. .... PETITIONER & 1 The Government of A.P. Rep. by its Principal secretary School Education Department, Secretariat, Hyderabad. 2 The Director of School Education Government of A.P. at Hyderabad 3 The District Collector and Chairman Adilabad District at Adilabad. 4 The District Education Officer Adilabad District at Adilabad. 5 The Chief Executive Officer Z.P.P. Adilabad District at Adilabad. .....RESPONDENT(S) 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 issue an order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not receiving the application of the petitioner for the post of Secondary Grade Teacher (SGT) in D.S.C. 2008 only on the ground that the petitioner is prosecuting his qualifying final year examination i.e, D.Ed only in the Private Educational Institution and also on the ground that his final year examination for qualifying certificate may not be held in the month of May, 2009 as illegal, unlawful contrary to law and against Article 14, 16 & 21 of the Indian Constitution and consequently direct the respondents to permit the petitioner to submit his application for DSC-2008 for the post of SGT in Adilabad District and permit him to appear for the written test to be held for DSC-2008 on 29-5-2009 and however his appointment will be subject to the outcome of his success in the qualifying final examination i.e, D.Ed at the time of selection as relaxed by the Government Under G.O.Ms.No. 28 dt. 29-1-2009 and also vide proceedings Rc No. 2030/RC-3/2008 dt. 30-1-2009 issued by the 2nd respondent by setting aside the order dt. 4-3-2009 in OA No. 3946/2009 on the file of Hon'ble A.P. Administrative Tribunal, and pass Counsel for the Petitioner: MR.M.DAMODAR REDDY Counsel for the Respondent No.: GP FOR Services I The Court made the following : ORDER THE HOH’BLE SRI JUSTICE GHULAM MOHAMMED & THE HON’BLE SRI JUSTICE SANJAY KUMAR WP NO.5162 OF 2009 ORDER : ( per Hon’ble Sri Justice Ghulam Mohammed ) This writ petition is filed against the order dated 4-3-2009 passed in OA No.3946 of 2009 by the Andhra Pradesh Administrative Tribunal, and also against the action of the respondents in not receiving the application of the petitioner for the post of Secondary Grade Teacher (SGT) in DSC 2008 on the ground that the petitioner is prosecuting his qualifying examination i.e. D.Ed in private educational institution and also on the ground that his final year examination i.e. qualifying examination may not be held in the month of May, 2009, as being illegal, contrary to law and violative of Articles 14, 16, & 21 of the Constitution and consequently direct the respondents to permit the petitioner to submit his application for DSC-2008 for the post of SGT in Adilabad District and permit him to appear for the written test, however, his appointment will be subject to the outcome of his success in the qualifying final examination, at the time of the selection, as relaxed by the Government under GO Ms.No.28, dated 29-1-2009. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the Services-I. Perused the impugned order passed by the Tribunal. 3. Facts stated are:- the petitioner is an aspiring candidate for selection to the post of SG Teacher. It was stated that he is studying his final year qualifying examination i.e. D.Ed in the private educational institution and he sought to apply for the said post pursuant to the relaxation given by the Government under GO Ms.No.28, dated 29-1-2009 and also the proceedings dated 30-1-2009 issued by the 2nd respondent allowing the candidates to apply for the said post who are pursuing final year examination of D.Ed. The petitioner could not apply for the said post within the time stipulated or extended and approached the Tribunal seeking appropriate directions after a lapse of 16 days from the last date of receipt of the applications. The Tribunal in some matters granted directions, but such a relief was not granted to the petitioner on the ground that it would scuttle and hamper the selection process. Though it was contended by the petitioner that he presented his application in time and the same was rejected, but the Tribunal found that there was no material or any postal acknowledgment to support that contention, and therefore, rejected relief on that count also. 4. In these circumstances, we do not find any error of jurisdiction or perversity in the impugned order passed by the Tribunal. The writ petition fails and it is accordingly dismissed at the admission itself. _____________________ Ghulam Mohammed, J ___________________ Sanjay Kumar, J Dated : 16-3-2009 Nrg. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{LOBIS}