IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD Special Original Jurisdiction) PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE N. RAVI SHANKAR WRIT PETITION NO:23407 of 2010 DATED: 22.11.2010 Between: Syed Khaleemulla Maqdum & others ..... PETITIONERS AND M. Reddi Khader & Others .....RESPONDENTS THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE N. RAVI SHANKAR WRIT PETITION No.23407 OF 2010 ORDER:: ( per Hon’ble Sri Justice Ghulam Mohammed ) This writ petition is filed assailing the order dated 2-9-2010 passed in OA No.1230 of 2009 by the AP Administrative Tribunal, Hyderabad. The respondents in the OA are the writ petitioners herein. The applicants- respondents herein filed the said OA seeking to declare that they are eligible and entitled for selection and appointment to the posts of PET (Physical Education Teacher) (Urdu) in DSC-2008, as per the qualifications of First Language (Urdu) in SSC and other requisite qualifications for the said post and consequently to hold the action of the official respondents in not receiving their applications on the ground that they acquire the qualification in Urdu subsequent to acquiring higher qualification and not permitting them for selection process to the said posts, though it is not mandatory, as per the rules issued in GO Ms.No.182 and 183, dated 30-12-2008, as being illegal and arbitrary. The writ petitioners herein who are also aspirants for the posts of PET (Urdu) in DSC-2008 and they also applied for the said posts and likely to be affected, if an order is passed in favour of the applicants impleaded themselves in the said OA. 2. During the pendency of the OA, the applicants were permitted to appear for the selection and the results were declared and as per the results, the applicants stood at Sl. Nos.1 to 3 as per their merit and writ petitioners stood at Sl.Nos.14, 15 and 16 as per their merit in the selection list. The Tribunal by the impugned order observed that since there is no prohibition under Rule 4 of the Andhra Pradesh Direct Recruitment of Teachers (Scheme of Selection) Rules, 2008 issued in GO Ms.No.161, dated 6-12- 2008, for applying by the candidates who have acquired the Urdu qualification subsequent to their passing SSC or intermediate, allowed the OA and directed the official respondents to issue appointment orders to the applicants as Physical Education Teachers (Urdu) expeditiously. Aggrieved by the same, the present writ petition is filed by the respondents in the OA. 3. Heard the learned counsel for the petitioners and the learned counsel for the respondents. Perused the impugned order passed by the Tribunal. 4. The controversy rests on a narrow compass. Both the petitioners and the party respondents applied for PET (Urdu) posts in DSC-2008 and pursuant to the test and selection, the writ petitioners stood at Sl.No.14, 15, and 16 and applicants stood at Sl.No.1 to 3 in the selection list as per the order of merit. Be that as it may, the point that arise for consideration is whether the applicants are entitled to be appointed as PET (Urdu) posts whose medium of instruction upto SSC and intermediate is telugu medium and acquired Urdu qualification after acquiring higher qualification of intermediate i.e. the applicants passed SSC in telugu medium in the year 1996 and intermediate in the year 1999 and SSC Urdu medium in the year 2006 in effect the applicants acquired lower qualification after acquiring higher qualification. 5. The recruitment and selection is governed by the rules issued in GO Ms.No. Ms.No.161, dated 6-12-2008. Rule 4 of the Rules state that a candidate for selection to these posts shall possess academic and professional/training qualifications as mentioned in Rule 4, Rule 5 and Rule 6 as the case may be. Note (1) of Rule 4 of the rules is relevant in this case, which state that the candidates who have passed SSC examination in the concerned medium with the concerned language as first language are eligible to apply to the posts in the concerned medium or the candidates who have passed the examination of higher standards in the concerned first language/medium are also eligible to apply to the posts in that medium. A reading of the note appended to Rule 4 of the Rules issued in GO Ms.No.161, dated 6-12-2008, the applicants who have not studied in Urdu medium upto SSC but acquired qualification subsequently, are not eligible for appointment as PET (Urdu) posts. Though it is not mandatory as per the Rules in GO Ms.Nos.182 and 183, dated 30-12-2008, which the applicants are relying on, these rules are not made applicable to DSC-2008 selection. Further as per the clarification issued by the Director of School Education, Hyderabad, by proceedings dated 15-1-2009, the candidature of the applicants who acquired lower qualifications after acquiring higher qualification were made ineligible for consideration for DSC-2008. 6. In the light of the above analysis, the impugned order dated 2-9-2010 passed in OA No.1230 of 2009 by the Tribunal is hereby set aside and the writ petition is allowed. No costs. ___________________________ GHULAM MOHAMMED, J _____________________ N. RAVI SHANKAR, J Dated: 22-11-2010 Nrg