THE HON'BLE MR JUSTICE V.ESWARAIAH And THE HON'BLE SRI JUSTICE VILAS V. AFZAL PURKAR W.P.No.4606 of 2005 ORDER: (Per Hon’ble Sri Justice V. Eswaraiah) Heard, learned G.P. for Services-I appearing for the writ petitioners and learned Sri M. Ram Gopal Rao learned counsel appearing for the respondents. This writ petition is filed aggrieved by the order of the A.P. Administrative Tribunal dated 9.12.2004 passed in O.A.No.11498 of 2002 directing the petitioners herein to consider the cases of the applicants for their appointment as Hindi Pandit Grade-II pursuant to the notification DSC 2002, and placing them above the untrained candidates by issuing necessary orders. The respondents herein filed O.A.No.11498 of 2002 for declaration that they are entitled for selection and appointment to the post of Grade-II Hindi Pandit pursuant to DSC 2002 notification, on the basis of merit and ranking in the existing left over vacancies, with all consequential benefits, and to direct the petitioners herein to consider their claims for appointment to the post of Grade-II Hindi Pandit as their names were shown in the selected list of 84 candidates. It is stated that the respondents herein, who are the applicants in the said O.A, are belonging to S.C. (B) category. By the time notification was issued, they have undergone training and appeared for Hindi Pandit Training examination but results were not declared. It is stated that as per the recruitment notification DSC 2002, 240 posts were notified for Hindi Pandit Grade-II. As per the notification, the qualification for language pandit Grade-II, one must possess oriental title and Pandit Training in the concerned language. B.C, S.C., S.T., and P.H.C., candidates, who have the right of reservation as per Rule 22 of the A.P. State Subordinate Service Rules, without Teacher Training Certificates/D.Ed/Pandit Training Certificate, as the case may be, are also eligible for selection for the post of Secondary Grade Teacher/Language Pandit Grade-II and they will be considered for selection if B.C., S.C., S.T., and P.H.C., candidates with Teacher Training Certificate or D.Ed/Pandit Training are not available. The candidates, after selection, shall acquire qualifications by undergoing training at their own costs. They will be given appointment orders by the appointing authority, only after submitting the relevant pass certificates of training Course within a maximum period of three years. It is stated that the respondents/applicants, being S.C. (B) candidates, have already undergone the training by the time notification was issued and also appeared for the Hindi Pandit Training Examination, but their results were not declared. On the ground that though they have applied for the said post they were not called for interview, they have approached the A.P. Administrative Tribunal by filing O.A.No.4994 of 2002 for declaration that they are entitled for selection and appointment to the post of Grade-II Hindi Pandit by treating them as the trained candidates pursuant to DSC 2002 notification dated 10.05.2002 issued by the Commissioner and Director of School Education, A.P. Hyderabad. The said O.A. was disposed of along with the other O.As., on 29.05.2002, directing the writ petitioners herein to receive the applications of the respondents herein without any reference to the last date prescribed for receiving the applications. Accordingly their applications have been received and hall tickets were issued to them. Pursuant to the same, they have appeared for the written test in the trained category and secured 55, 42.5 and 41.5 marks respectively. Subsequently, the respondents conducted written test with fewer syllabi for untrained candidates and published the results accordingly. It is not in dispute that as per the publication of results DSC 2002 only 197 candidates including the three applicants, who are respondents herein, found place and they were called for counselling, and they have participated in the said counselling. But, however the appointment orders were not given to them. Out of 240 posts notified, only 194 posts have been filled and the remaining posts were unfilled. Thereupon, the respondents herein filed the present O.A No.11498 of 2004 before the Tribunal, and the Tribunal while admitting the O.A. granted interim order directing the writ petitioners herein not to fill up three posts of Hindi Pandit Grade-II in DSC 2002 in Medak District. Ultimately, the said O.A. was allowed by order dated 19.12.2004. Aggrieved by the same, this writ petition is filed by the respondents in the said O.A. The learned Government Pleader appearing for the petitioners submits that the total number of posts notified for Hindi Pandit Grade-II are 240 and out of 240 posts only 194 candidates were selected under the trained category leaving three vacancies pursuant to the interim order of the Tribunal and left over vacancies were also filled under the category of untrained candidates. Thereafter, untrained candidates were selected to fill up the remaining posts. Subsequently, they were sent for training and appointment orders were also given to them. It is stated that the method of selection for the untrained and trained candidates was different and distinct. The petitioners appeared under the trained category but not under untrained category and that they have not undergone the training along with other untrained candidates hence they cannot be appointed. We are unable to accept the said contention. Since the respondents herein have already undergone training and have appeared for the examination but their results were not published yet, nothing remained for them to undergo training. As a matter of fact, the respondents are better qualified and they have already undergone training over the untrained candidates. Therefore, there cannot be any justification in including the names of the respondents, who belonged to the scheduled caste community, and in whose favour a special consideration was given in the notification DSC 2002 stating that SCs, STs, BCs and PHCs are eligible for selection without any Teacher Training Certificate. The notification did not prescribe any separate category for the selection of untrained and trained. In fact, the respondents have competed with the trained candidates, there cannot be any justification in not appointing them. We are of the opinion that the Tribunal has rightly held that the respondents shall be treated as trained candidates and therefore, they shall be placed over and above the untrained candidates and below the trained candidates of DSC 2002 in the left over vacancies of DSC- 2002. We do not see any error apparent on the face of the record, as the Tribunal rightly held that the respondents herein are not entitled for any monitory benefits but they should be considered for appointment accepting the seniority over and above the untrained candidates. The writ petition is accordingly dismissed. There shall be no order as to costs. __________________ (V. ESWARAIAH, J.) ___________________________ (VILAS V. AFZAL PURKAR, J.) 3rd August, 2009 Js.