IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) 19.02.2010 PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 3778 of 2010 Between: Smt. Venkata Ramana d/o Dhrona Charyulu. ..... PETITIONER AND The District Educational Officer, Ranga Reddy District, Hyderabad and four others .....RESPONDENT(S) ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed challenging the order passed by the Andrha Pradesh Administrative Tribunal, Hyderabad in O.A.No. 2428 of 2003 dated 29.09.2006 and to quash the same as illegal and consequently set aside the proceedings dated 14.4.2003 issued by the first respondent and to direct the respondents to reinstate the petitioner into service with all attendant benefits. O.A.No. 2428 of 2003 was filed assailing the legality of the proceedings dated 14.4.2003, through which the applicant-petitioner has been terminated from service. Brief facts of the case are that the applicant-petitioner applied for the post of Secondary Grade Teacher and she appeared for the written test and she was selected. It is stated that she could not attend the counselling conducted on 8.11.2000 to 10.11.2000 as she did not get call letter. However, the first respondent issued proceedings dated 18.11.2000 allotting the applicant to Mandal Parishad, Basheerabad appointing her as Secondary Grade Teacher (apprentice) in CUPS, Damerched and she joined at Damerched and completed two years of service. It is stated that subsequently, the applicant was placed under suspension vide proceedings dated 22.3.2003, pending enquiry into the allegations that she has cheated the Government and continuing as SGT (apprentice) by producing unqualified B.Ed Certificate and thereafter she was removed from service vide impugned proceedings dated 14.4.2003. The Tribunal after going into the rival contentions at paragraph 9 observed as under: “The learned counsel further brought to the notice of this Tribunal that the applicant has passed B.Ed., subsequently, in the year 2006 and this Tribunal can as well direct the respondents to consider her claim as she has acquired the qualification. I am afraid, I cannot concede to the said request of the learned counsel for the applicant, as the applicant has been removed from service consequent to mis-conduct that has been committed by the applicant at the threshold of the entry into the Government service. Therefore, the applicant cannot seek indulgence in case of the appointment.” The learned counsel appearing for the petitioner contended that the petitioner is discharging her duties for a period of more than two years and at that stage, the respondents have issued proceedings dated 14.4.2003 removing the petitioner only on the ground that the petitioner is untrained and unqualified to hold the post of SGT, therefore, the action of the first respondent is in a discriminatory manner. He further submitted that the Tribunal ought to have directed the respondents to reinstate the petitioner into service. On the other hand the learned Government Pleader for Services-I submits that the Tribunal after taking into consideration of material made available on record, rightly dismissed the O.A and there are no ground to interfere with the order impugned. We have heard the learned counsel appearing for both sides and also perused the material made available on record. We cannot accept the contention of the learned counsel appearing for the petitioner that the petitioner is discharging her duties for more than two years. It is needless to mention that the Officers colluded with the petitioner-applicant and then processed her application ignoring the genuine candidates. We take that action of the Officers very seriously and such illegalities cannot be perpetuated. The authorities have to act honestly and sincerely from hereafter and they should not allow such candidates and they should verify everything at the threshold itself. Accordingly, the Writ Petition is dismissed. However, appropriate disciplinary action should be taken on the concerned Officers, who are responsible for issuing the proceedings dated 18.11.2000 allotting the applicant to Mandal Parishad, Basheerabad as Secondary Grade Teacher. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ SANJAY KUMAR, J Dt. 19.02.2010 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 2 CD copies