THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.22715 of 2010 ORDER: This writ petition is filed challenging the order, dated 10.08. through which, the first respondent appointed the second responde Headmaster of AKTPMGH School, Gudivada. The petitioners are the Councilors of Guidvada Municipality, wh also incidentally the Members of the Headmasters Panel constituted Section 74 of the A.P. Municipalities Act, 1965 (for short ‘the Act’). The Headmasters for the Municipal Schools are to be selected Panel constituted by the Municipality in terms of Section 74 of the Act. Some disputes arose as to the appointment of the Headmaste two schools of Gudivada Municipality. Number of OAs were came filed. Through a common order, dated 19.01.2010, the Tribunal held seniority lists prepared in the years 1998, 2002 and 2004 are valid promotion to the post of Headmaster shall be made in accordance wit same. After the Tribunal passed the orders, the second respondent ini contempt proceedings alleging that its orders were not implemented. Commissioner of Municipality reported that the second responde number one in the seniority list and he can be promoted. Accord certain directions were issued by the Tribunal. Taking the same account, the first respondent issued the present impugned proceedings Heard Sri P.Raghavender Reddy, learned counsel for the petit the learned Standing Counsel for the first respondent-Municipality an A.Sreedhar, the learned counsel for the second respondent. There is no denial of the fact that the second respondent happe be the senior most in the list of teachers in the Municipality as of However, the authority to select the Headmasters, is the Comm constituted under Section 74 of the Act. Admittedly, the second respo was not selected by the Committee before he came to be appointed. now such an exercise can be undertaken. It is brought to the notice of this Court that the term of the el representatives is going to expire shortly. The Act provides for altern mechanism also, in the sense that the elected representatives wou replaced by the nominees of the Government, viz., Special Officer or officials. Hence, the writ petition is allowed and the impugned order aside. It is directed that the first respondent shall place the matter relat the selection and appointment of the Headmasters in the Schools i Municipality before the Committee constituted in accordance with law, w a period of two weeks from the date of receipt of a copy of this order an Committee in turn shall take up the matter and pass appropriate orders dereliction in this behalf shall be treated as violation of the orders o Court and any Member of the Committee, who abstains, shall be proce against. There shall be no order as to costs. ______________________ L.NARASIMHA REDD Date:28.09.2010 Note: Issue CC in three days. (b/o) VGB