IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 6889 of 2008 Between: Shaik Abdulrahim, S/o. Khaja Mohiddin, R/o. Atmakur, Nellore District. ..... PETITIONER AND 1 The Commissioner & Director of School Education, Government of Andhra Pradesh, Hyderabad. 2 The District Educational Officer, Nellore, Nellore District. 3 The District Collector, Chairman of District Selection Committee, Nellore, Nellore District. 4 The Joint Collector, Nellore, Nellore District. .....RESPONDENTS 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 a Writ, or order or direction more particularly one in the nature of Writ of Certiorari calling for the records pertaining to O.A.No. 7498 of 2003 dt. 27-10-2006 confirming the proceedings in Rc.No. 2293/A1/2002 dt. 25-8-2003 of the 2nd respondent as illegal, arbitrary and consequently set aside the same and pass Counsel for the Petitioner:MR.CH.CKRISHNA REDDY Counsel for the Respondent No.: GP FOR SERVICES II The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE S.ASHOK KUMAR WRIT PETITION NO :6889 of 2008 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) This writ petition is filed by the petitioner seeking to set aside the order of the tribunal passed in O.A.No:7498 of 2003 on 27.10.2006 confirming the proceedings in R.C.No:2293/A1/2002, dated 25.8.2003 of the 2nd respondent. The petitioner is the applicant and he has filed the present O.A seeking to declare the proceedings of the District Educational Officer, Nellore in R.C.No:2293/A1/2002, dated 25.8.2003 as illegal and to set aside the same and direct the respondents to appoint him as Language Pandit Grade II (Hindi) by declaring the applicant as local to Nellore District. The tribunal having observed that the mere certificate of residence issued by the local Revenue Officer without mentioning the period during which the applicant resided, cannot be concluded that the applicant was a resident for a period of three years preceding the year in which he studied for the qualifying examination of Hindu Pandit and the expression consecutive years used in the Presidential order has to be read and always read literally and according to the Presidential order, the residence has to be taken as the criterian in respect of years when there was no institutional study and therefore, the case of the applicant cannot be considered as a local candidate of Nellore District in the absence of any material produced by him either before the authorities or before the tribunal to prove that he was only residing in Nellore District during the relevant period, dismissed the O.A. Having aggrieved by the same, the present writ petition is filed by the applicant. Heard the learned counsel and perused the entire material available on record as well as the order impugned. Before going into the merits of the case, the fact that remains undisputed is that the applicant studied from 5th class to 8th class at Z.P. High School, Peddapavani, now at Prakasam District for four years from 1975 to 1979. He studied 9th Class at Z.P. High School, East Gangavaram, Prakasam District for the academic year 1979- 80. He studied S.S.C at Ulavapadu, Prakasam District for the academic year 1980-81. He studied Intermediate for two years for the academic years 1981-1983 at Government Junior College, Ulavapadu, Prakasam District. He studied B.Sc., Degree at Jawahar Bharathi Degree College, Kavali, Nellore District for three years for the academic years 1985-88. He studied Senior Hindi Pandit Training at B.Ed College, Nellore for the academic year 1995- 96. Now, the contention of the learned counsel for the applicant is that the respondents have wrongly placed reliance on para 7(a) (ii) of the Presidential Order and since the applicant studied four years leading to the qualifying examination for the post of Hindu Pandit Grade II in Nellore District. In this regard, the condition precedent as to the consecutive years used in the Presidential order, plays a vital role, which cannot be interpreted beyond the spirit of the said order. In this background of the matter, the tribunal is justified in rejecting the claim of the applicant. Hence, We see no merits in this writ petition and as such, the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No costs. ___________________ Justice T.Meena Kumari __________________ Justice S.Ashok Kumar Dated:4.4.2008 Gurc/nn THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE S.ASHOK KUMAR WRIT PETITION NO :6889 of 2008 (Division Bench Order delivered by Honourable Smt. Justice T.Meena Kumari) 04/04/2008 ,