IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 20426 of 2006 Between: 1 B. Laxman, S/o. Devaiah, R/o. H.No. 10-4-200, Subhash Nagar, Karimnagar. 2 D.Inna Reddy, S/o. Rayapa Reddy, R/o. Thallacheruvu, Atchampet Mandal, Guntur District. 3 D. Bala Yogaiah, s/o. Yogaiah, R/o. ARHC 1298 Q.No. D1 ARPQS, Ongole. 4 O. Bhasakar Reddy, S/o. Papi Reddy, R/o. H.No. 6/734, Shankarapuram, Kadapa. ..... PETITIONER(S) AND 1 The Govt. of Andhra Pradesh, Rep by its Principal Secretary, School Education Department, Secretariat, Hyderabad. 2 The Commissioner & Director of School Education, Andhra Pradesh, Hyderabad. 3 The District Educational Officer, Guntur. 4 The District Educational Officer, Karimnagar. 5 The District Educational Officer, Prakasam District, Ongole. 6 The District Educational Officer, Kurnool. 7 Md. Anees Ahmed, S/o Md. Masood Ahmed, R/o. H.No. 11-2-557/5/6, Agha Pura, Hyderabad. 8 P. Kiranmai, D/o. Perraju, R/o. H.No. 1.7.3, Indiranagar, Tandur, Ranga Reddy District. 9 A. Madhu Sudhan Rao, S/o. Venkat Rao, R/o. H.No. 13-2-49, Modeti Street, Near Sai Temple, Srikakulam. 10 V.V. Suresh Kumar, S/o. V. V. Nageshwar Rao, R/o. H.No. 3-3-60/1, Prakusha Nagar Colony, Srikakulam. 11 Reddi Raghakrishna, S/o. Rama Murthy, R/o. Meenakshi Colony, Rajam, Srikakulam. 12 M.G. Laxman Rao, S/o. Ambaji Rao, R/o. H.No. 4-11-70, Near Bhavani Temple, Dhoolpet, Narayanpet, Mahaboob Nagar. 13 N. Rajani, D/o. N. Venkatesham, R/o. H.No. 2-10-408, Jyothinagar, Karimnabar District. 14 A. Manjula, D/o. Narasimha Rao, R/o. H.No. 22-20, Vivekananda Nagar, Dilsukh Nagar, Hyderabad. 15 J. Dhanunjay, S/o. J. Suri Babu, R/o. Kaza, Mangalgiri Mandal, Guntur District. 16 Shaik Shahanaz Begum, D/o. Abdul Kalam, Guntur Post and Mandal, Guntur District. 17 Nagendra Kumari, D/o. Shanker Rao, R/o. H.No. 16-21-1940, Pothivari Street, Old Guntur, Guntur. 18 G. Sudharani, D/o. G.V. Raju, H.No. 16-8-4, Tekivari Street, Old Town, Tanuku, West Godavari. 19 Lakshmi Madhavi, D/o. Satyanarayana, P.O. Relangi, Iragavaram, West Godavari District. 20 Raja Rao Ch. S/o. Lakshminarasaiah, Keethavari Gudem (PO & Vill), Garedipalli Mandal, Nalgonda District. 21 G. Vijayalakshmi, D/o. Sreenivas Reddy, Ramanthapur, Hyderabad. 22 Srinivas, S/o. Venkatesham, H.No. 5-60, PO & Mandal Chapadandi, Karimnagar District. 23 T. Srinivas, S/o. Rajamallaiah, H.No. 7-67, PO & Mandal Chapadandi, Karimnagar District. 24 B. Venkateswar, S/o. Not Known, H.No. 13,. Brindavan Nagar Colony, Champapet, Hyderabad-79 25 A. Chandersekhar, S/o. Not known, H.No. 4-3-46, Pathkari, Sadasivapet, Medak. 26 C. Bhupathi Rao, S/o Not known, P.O. Nagulur Mandal, Sarangapur, Karimnagar District. 27 B. Srinivas, S/o. Not Known, PO & Mandal, Narmetta, Warangal District. 28 Syed Safuddin, S/o. not Known, H.No. 1-10-118/6, S.S. Gutta, Mahaboobnagar. .....RESPONDENT(S) 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 to issue a writ order or direction more particularly one in the nature of writ of certionari calling for the records relating to the judgment dt.18-9-2006 in A.O.No. 6373 of 2005 and O.A.No.6758of 2005 etc.from the file of the A.P.Administrative Tribunal, Hyderabad and after perusing the same, quash and said Judgment dated.18-9-2006 by declaring it as arbitrary, illegal, contrary to the rules and as well as the Judgment dated.6-1-2006 in W.P.No.9073 of 2003 and batch and also set aside the orders in G.O.Rt.No.556 Edn (SE-SERVII) dated.4-10-2005 issued by the 1st respondent and consequently direct the official Respondents to appoint the petitioners to the post of School Assistant (English) pursuant to DSC-2003 and with all other consequentlal benefits monetary situated persons have been appointed to the said post, and pass such other order or orders as this Hon'ble court may deen fit and proper in the circumstances of the case. WRIT PETITION NO : 21591 of 2006 Between: 1 I. Pradeep Kumar S/o Pratap Reddy r/o Ananthagiri Village, Ellanthakunta Mandal, Karimnagar District 2 E. Ratnakar Reddy S/o Pratap Reddy r/o 10-2-437, Vidya Nagar, karimnagar 3 G. Srinivas S/o Janardhan r/o 9-3-31, College Road, Vemulavada, Karimnagar District 4 D. Gangadhar S/o Gangaram r/o Rudrangi Village, Chedurthi Mandal, Karimnagar District 5 A. bala Show Reddy S/o Raja Reddy R/o LIG 64, Housing Board colony, Jammikunta, Karimnagar District. 6 P. Chandra Mohan S/o Anandam R/o Dharmaram, Jammikunta Mandal, Karimnagar District 7 T. Chandramouli S/i Ilaiah UPS, Mahaboobnagar Rayaparthy mandal, Warangal District 8 G. Anil Kumar S/o George Reddy R/lo 24-3-197/1, Prakash Reddy Pet, Subedari Warangal 9 P. Srinivasa Rao S/o Sudarshanam r/o H. No. 2-1-47/6, Mahaboobnagar, Warangal District 10 V. Seetharama Rao S/o Venkateswra Rao R/o Rudravaram, Reddygudem, Mandal, Krishna District ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh repby Principal Secretary School Education Department Secretariat, Hyderabad 2 The Commissioner & Director of School Education Andhra Pradesh, Hyderabad. 3 The District Educational Officer Karimngar Distrct, Karimnagar 4 The District Educational Officer Warangal District Warangal-506001 5 The District Educational Officer, Krishna District, Machilipatnam- 521001 .....RESPONDENT(S) 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, order or direction, more particularlyone inthe nature of Writ of Certiorari, calling forthe records relating to theJudgment dt 18-9-2006 in OA NO. 6373 of 2005 etc. from the file ofthe A.P. Administrative Tribunal, Hyderabad and after perusing the same, quashthe said Judgmentdt 18-9-2006, bydeclaring it as arbitrary,illegal, contrary to the Rules and as well as the Judgment dt 6-1-2006 in WP No. 9073 of2003 and batch and also set a sidethe orders in G.O.Rt. No. 556 Edn (SE-SERVII) dt 4-10-2005 issued by the 1st respondnet and consequently direct the Respondents to appoint the petitioners to the post of School Assistant (English) Purusant to their Selection in DSC-2003 and with all other consequential benefits monetary and otherwise, including notional seniority from the date the other similarly situated persons have been appointed to thesaid post, and pass such other order or orders as this Hon'ble Court may deem fit and properinthe circumstances of the case. WRIT PETITION NO : 21473 of 2006 Between: 1 A. Nanda Kumar S/o Manohar R/o KUC Road, hanuman Nagar, Hanmakonda, Warangal District 2 G. Ramesh S/o Mallaiah R/o Ramavaram, Kodakandla Mandal, Warangal District 3 A. Kishore Kumar S/o Komuraiah Anandapur Venkatapur Mandal, Warangal District 4 R. Mondaiah S/o Parvathalu R/o Pedda Papaiahpalli, Huzurabad Mandal Karimnagar District 5 R. Srinivas S/o Rangadas r/o H. No. 2-5-70, Jammigunta Karimnagar 6 P. Santhosh Reddy S/o Raji Reddy Hanumakkapalli Vemulavada Mandal, Karimnagar District ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh repby Principal Secretary SchoolEducation Department Secretariat, Hyderabad 2 The Commissioner & Director of School Education Andhr Pradesh, Hyderabad 3 the District Educational Officer Warangal District, Warangal 4 The District Educational Officer Karimnagar district, Karimnagar District .....RESPONDENT(S) 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, Order or direction, more particularly one in the nature of Writ of Certiorari, calling for the records relating to the Judgment dt 18-9-2006 in OA No. 6373 of 2005 etc. from the file of the A.P. Administrative Tribunal, Hyderabad and after perusingthe same, quash the said Judgment dt 18-9-2006, bydeclaring it as arbitrary, illegal, contrary to the Rules and as well as the Judgment dt 6-1-2006 in WP No. 9073 of 2003 and batch and also set aside the orders in G.O. Rt. No. 556 Den. (SE-SERVII) dt 4-10-2005 issued bythe 1st Respondent and consequently direct the Respondents to appoint the Petitioners to the post of School Assistnat (English) Pursuant to their selection in DSC-2003 and with all other consequential benefits monetary and otherwise, including notional seniority from the date the other similarly situated person have been appointed to the said post, andpass such other order or orders as this Hon'ble Court may deem fit and proper inthe circumstances of the case. WRIT PETITION NO : 21154 of 2006 Between: 1 A.Sridhar Reddy S/o.Rathnaiah R/o.5-48, Sagar Colony, Wanaparthy, Mahabubnagar District. 2 M.Abdul Wadood S/o.Mahammed Pasha R/o.5-4-87/2, Makalabanda Mahabubnagar District. 3 Shivaramulu S/o.Gourishankar R/o.H.No.1-62, Kamsanpalli, Domargidda, Mahabubnagar District. 4 Suddala Madhusudhan S/o.Kesavulu R/o.Monappagutta, Mahabubnagar District. 5 Sulthan Moinuddin S/o.Azeemuddin R/o.Sadath Street, Nagarkurnool, Mahabubnagar District. 6 A.Suresh Kumar S/o.Ramakrishnaiah Itikalapadu Mahabubnagar District. 7 V.Narayana Reddy S/o.Chinna Kista Reddy R/o.Koppunur, Kollapur, Mahabubnagar District. ..... PETITIONER(S) AND 1 The Government of A.P., rep. by its Principal secretary, School Education Dept., secretariat, Hyderabad. 2 The Commisioner & Director of School Education, Andhra Pradesh, Hyderabad. 3 The District Educational Officer, Mahabubnagar District, Mahabubnagar. .....RESPONDENT(S) 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 to issue a writ, order or direction more particularly one in the nature of writ of certiorari, calling for the records relating to the Judgment dt. 18.9.2006 in OA No.6373 of 2005 etc. from the file of the A.P. administrative Tribunal, Hyderabad and after perusing the same, quash the said judgment dt. 18.9.2006, by declaring it as arbitrary, illegal, contrary to the Rules and as well as the Judgment dt. 6.1.2006 in WP No.9073 of 2003 and batch and also set aside the orders in G.O.Rt.No.556 Edn. (SE--SER.VII) dt. 4.10.2005 issued by the 1st respondent and consequently direct the respondents to appoint the petitioners to the post of School Assistant (English) pursuant to their selection in DSC-2003 and with all other consequential benefits monetary and otherwise, including notional seniority from the date the other similarly situated persons have been appointed to the said post, and pass such other order or orders. WRIT PETITION NO : 21953 of 2006 Between: Shaik Chinna Johnu, W/o. S. Ch. R. Hussain, R/o. Siripuram, Medikondur Mandal, Guntur District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep by is Principal Secretary School Education Deptt. Secretariat, Hyderabad. 2 The Commissioner & Director of School Education, Andhra Pradesh, Hyderabad. 3 The District Educational Officer, Guntur District, Guntur. .....RESPONDENT(S) 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 to issue a Writ, Order or direction, more particularly one in the nature of Writ of Certiorari, calling for the records relating to the Judgement dt. 18-9-2006 in OA No.6373 of 2005 etc. from the file of the A.P. Administrative Tribunal, Hyderabad and after perusing the same, quash the said Judgement dt. 18-9-2006, by judgement dt. 6-1-2006 in WP No. 9073 of 2003 and batch and also set aside the orders in G.O. Rt. No. 556 Edn. (SE-SER.VII) dt. 4-10-2005 issued by the 1st Respondent and consequently direct the respondents to appoint the petitioner to the post of School Assistant (English) pursuant to my selection in DSC-2003 and with all other consequential benefits monetary and otherwise, including national seniority from the date the other similarly situated persons have been appointed to the said post, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case WRIT PETITION NO : 17571 of 2007 Between: Mohd.Sujahuddin Hussain S/o.Mohd.Gayasuddin Hussain R/o.Mufti street, Chinna Bazar, Guntur ..... PETITIONER AND 1 The Govt of Andhra Pradesh, rep.by its Principal Secretary, School Education Dept., secretariat,Hyderabad 2 The Commissioner &Director of School Education Andhra Pradesh, Hyderabad 3 The District Educational Officer, Guntur District Guntur .....RESPONDENT(S) 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 to issue a writ order or direction more particularly one in the nature of writ of certiorari calling for the records relating to the Judgment dated 18.9.2006 in OA.No.6373 of 2005 etc from the file of the AP Administrative Tribunal, Hyderabad and after perusing the same quash the said judgment dated 18.9.2006 by declaring its as arbitrary, illegal, contrary to law and also set aside the orders in G.O.Rt.No.556 Edn (SE- SER.VII) dated 4.10.2005 issued by the 1st respondent and consequently direct the respondents to appoint the petitioner to the post of school Assistant (English) pursuant to my selection in DSC-2003 and with all other consequential benefits monetary and otherwise including notational seniority from the date the other similarly situated persons have been appointed to the said post and pass Counsel for the Petitioners:MR.V.JAGAPATHI Counsel for the Respondents: G.P. FOR SERVICES I, GP FOR EDUCATION, MR.J.R.MANOHAR RAO, MR.T.V.S.PRABHAKARA RAO, MR.K.R.PRABHAKAR, MR.M.V.RAMA RAO MR.J.RAMACHANDRA RAO The Court made the following : THE HON’BLE MR.JUSTICE GHULAM MOHAMMED AND THE HON’BLE MR.JUSTICE C.V.RAMULU WRIT PETITION Nos. 20426 of 2006 , 21591 of 2006, 21473 of 2006, 21154 of 2006, 21953 of 2006 & 17571 of 2007 COMMON ORDER: (per Ghulam Mohammed, J) These writ petitions are filed challenging the common order dated 18.09.2006 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A.No.6373 of 2005 and batch. When the matter is taken up for hearing, learned Government Pleader for Service-I has produced a copy of Memo No.2368/Ser.VI/2005, dated 20.01.2009 and submitted that the Government after careful examination of the proposal and having legal opinion, permitted the Director of School Education, Hyderabad to appoint the petitioners herein as School Assistants (English) in the existing vacancies in their respective districts, subject to having other eligibility conditions as per rules in force and are within the zone of consideration, and in view of that, the cause in the writ petitions does not survive for adjudication and the writ petitions have become infructuous. Recording the same and placing the said memo on record, the writ petitions are dismissed as infructuous. No order as to costs. _________________________ GHULAM MOHAMMED,J _______________ C.V.RAMULU,J 20-02-2009 Stp THE HON’BLE MR.JUSTICE GHULAM MOHAMMED AND THE HON’BLE MR.JUSTICE C.V.RAMULU WRIT PETITION Nos. 20426 of 2006 , 21591 of 2006, 21473 of 2006, 21154 of 2006, 21953 of 2006 & 17571 of 2007 COMMON ORDER 20-02-2009