HONOURABLE SRI JUSTICE V. ESWARAIAH AND HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.3735 OF 2007 DATED 2ND FEBRUARY, 2010. BETWEEEN THE District Educational Officer & Convenor, DSC-2001 Mahaboobnagar, and, ors ….Petitioners and Sri Md. Ayoob Ansari … Respondent. HONOURABLE SRI JUSTICE V. ESWARAIAH AND HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.3735 OF 2007 ORDER: (Per Hon’ble Sri Justice V. Eswaraiah) Heard both sides. The District Educational Oﬃcer & Convenor,DSC- 01, Mahabobnagar, The District Collector & Chairman, DSC-01, Mahaboobnagar, and, The Commissioner and Director of School Education, Andhra Pradesh, Hyderabad, have ﬁled this Writ Petition against the order dated 21.07.2006 passed by the Andhra Pradesh Administrative Tribunal, in O.A.No. 4006 of 2002, whereunder and whereby, the Tribunal directed them to issue necessary orders appointing the respondent/applicant as Secondary Grade Teacher (Urdu Medium). The matter relates to the appointment to the post of SGT(Urdu) in pursuance of the merit list of DSC-01. Pursuant to DSC-2001 notiﬁcation, the Selection Committee selected 63 candidates by applying reservation and roster including 33% women reservation. There were 39 left over posts of SGT (Urdu medium) due to non-availability of candidates from the reserved community. Therefore, the Government issued G.O.Ms.No. 32, Education, dated 30.3.2002 permitting the Selection Committee to ﬁll up vacancies of teachers of DSC-2001 of Urdu medium reserved for SC/ST/BC and women candidates by the candidates belonging to Open category, in case SC/ST/BC/Women candidates are not available. Accordingly, the petitioners published second list of 23 candidates in OC category and 15 Women under 33% quota for the left over vacancies. It is the grievance of the respondent/applicant that inasmuch as the Selection Committee already selected 64 candidates by applying 33% reservation for women, again applying 33% reservation for women for the 38 left over vacancies is illegal and unjust. It is his case that ﬁlling up of 38 dereserved posts by again applying 33% reservation does not arise. We are of the opinion that this contention of the respondent/applicant holds good. The Government vide G.O.Ms.No. 32, dated 30.3.2002 permitted the Selection Committee to ﬁll up the vacancies of Teachers of DSC-2001 of Urdu medium reserved for SC/ST/BC and women candidates by the candidates belonging to Open category, if SC/ST/BC/Women candidates are not available. In the said GO, there was a further direction that equal number of vacancies shall be reserved for those categories in future recruitment to the extent of the posts now ﬁlled up by the OC candidates as contemplated under rule 22(2)(h) of the AP State and Subordinate Service Rules, 1996. Therefore, the said GO obviously gives exemption to Rules 22 and 33 of AP State & Subordinate Service Rules for a limited period to meet the situation and takes precaution by a direction that such posts shall be reserved from open category in future vacancies. The GO does not stipulate that women reservation is to be applied again for open competition. It only authorizes to ﬁll up the reserved posts for women from Open category. In that view of the matter, the Tribunal is correct in directing the petitioners to select the respondent/applicant for the post of SGT (Urdu Medium) in the second list from the posts dereserved and issue necessary orders appointing him as such. During the course of hearing, the learned Counsel for the respondent/applicant submits that the issue involved in the present Writ Petition is squarely covered by the decision of this Court in Writ Petition No. 27284 of 2007 dated 15.9.2009. A similar issue relating to appointment to the posts of SGT pursuant to the notiﬁcation issued by DSC-2003 fell for consideration in the aforesaid Writ Petition. In the said case also, G.O.Ms.No. 45, Education dated 19.2.2005 as that of G.O.Ms.No. 32, dated 30.3.2002 issued in the present case fell for consideration. For the foregoing discussion and following the decision of this Court in Writ Petition No. 27284 of 2007, dated 15.9.2009, the present Writ Petition deserves to be dismissed and accordingly the same is dismissed. No order as to costs. --------------------------------------- JUSTICE V. ESWARAIAH ----------------------------------------------- JUSTICE VILAS V. AFZULPURKAR DATED 2ND FEBRUARY, 2010. MSNR.