f:! I A APHC010220232019 I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Nos. 9670 OF 2019 AND 6416 OF 2020 WRIT PETITION NO: 9670 OF 2019 Between: Gudipati Anjaiah, S/o Nagaiah, aged about 48 years, r/o D.No.8-5-29/14/1 Chintapalli, Suranna Nagar, Ramachandrapuram, East Godavari District. ...PETITIONER AND The State of Andhra Pradesh, rep. by its Principal Secretary, School Education Department, Secretariat, Velagapudi, Amaravati District. The Commissioner of School Education, A.P., Ibrahimpatnam, Krishna District Teacher Recruitment(TRT& TET-cum-TRT), rep. by its Convenor, Government of AP., Ibrahimpatnam, Krishna District Dola Venkateswarlu, S/o. Ramanaiah, Aged 37 years. Resident of Ambhedkar Nagar, Near R.T.C Depot, Udayagiri, SPSR Nellore District. (R4 impleaded as respondent vide orders passed in lA No.1 of 2020 in W.P. No.9670 of 2019 dt. 15/12/2021) 1. Guntur 2. 3. 4. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularlyone in the nature of Writ of Mandamus, declaring the action of the respondents in not selecting the petitioner herein as PGT (Economics) in Zone-Ill, basing on rank in Teacher Recruitment Test-2018 rd his merit, despite securing 3 pursuant to the Notification No. 768/TRC-/2018-1 dt. 26-10-2018, is illegal, arbitrary and unjust, and consequently direct the respondents herein to consider the case of the petitioner for appointment to the post of PGT in Economics in his local Zone-Ill by selecting him basing on his merit and rank secured by him in the TRT-2018. lA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents herein to keep one post of PGT in Economics vacant in Local Zone-Ill pursuant to the TRT-2018, pending disposal of the main Writ Petition. lA NO: 2 OF 2020 Between; The State of Andhra Pradesh, rep. by its Principal Secretary, School Education Department, Secretariat, Velagapudi, Amaravati, District. The Commissioner of School Education, A.P., Ibrahimpatnam, Krishna District Teacher Recruitment(TRT& TET-cum-TRT), rep. by its Convenor, Government of AP., Ibrahimpatnam, Krishna District Dola Venkateswarlu, S/o. Ramanaiah, Aged 37 years. Resident of Ambhedkar Nagar, Near R.T.C Depot, Udayagiri, SPSR Nellore District. (R4 impleaded as respondent vide orders passed in lA No.1 of 2020 in W.P. No.9670 of 2019 dt. 15/12/2021) 1. Guntur 2. 3. 4. ...RESPONDENTS/PETITIONERS AND Gudipati Anjaiah, S/o Nagaiah, aged about 48 years, r/o D.No.8-5-29/14/1 Chintapalli, Suranna Nagar, Ramachandrapuram, East Godavari District. ...PETITIONER/RESPONDENT Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders passed on 23.07.2019 in W.P. No.9670 of 2019 by dismissing the writ petition in the interest of justice. Counsel for the Petitioner: SMT. KAVITHA GOTTIPATI Counsel for the Respondent Nos.1 to 3:GP FOR SERVICES- II Counsel for the Respondent No.4: SRI CH. S. V. SURAJ APHC010105522020 WRIT PETITION NO: 6416 OF 2020 Between: D. Venkateswarlu, S/o Ramaiah, Aged about 37 years, Occ: Unemployee R/o Badikela Babu Rao Apartments, LR Path, Atmakur, Nellore District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principle Secretary, School Education Department, Secretariat, Velagapudi, Amaravathi, Guntur District 2. The Commissioner of School Education, Government of Andhra Pradesh Ibrahimpatnam, Krishna District 3. Teachers Recruitment, (TRT and TET-cum-TRT) 2018, Rep by its Convenor, Govt, of A.P., Ibrahimpatnam, Krishna District.. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased t issue an order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in not considering the case of petitioner herein as PGT (Economics) in Zone III in General Category, basing on his option/merit in the existing vacancy in Teacher Recruitment Test 2018 pursuant to the Notification No 768 /TRC- /2018-1 dated 26.10.2018, is illegal, arbitrary and unjust and consequently direct the respondents herein consider the case of the petitioner for appointment to the Graduate Teacher in Economics in Zone III by considering his case basing upon his option/merit to the TRT-2018. lA NO: 1 OF 2020 to post of Post Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents herein to consider the case of the petitioner for appointment to the post of Post Graduate Teacher in Economics in Zone III by considering his case basing upon his option/merit to the TRT-2018 in the interest of justice. Counsel for the Petitioner: SRI CH. S. V. SURAJ Counsel for the Respondent Nos.1 to 3: GP FOR SERVICES-II The Court made the following COMMON ORDER: APHC010220232019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 9670/2019 Between: 1.GUDIPATIANJAIAH, S/0 NAGAIAH, AGED ABOUT 48 YEARS, R/O.D.NO.8-5-29/14/1 CHINTAPALLI, SURANNA NAGAR, RAMACHANDRAPURAM, EAST GODAVARI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE COMMISSIONER OF SCHOOL EDUCATION, A.P., IBRAHIMPATNAM, KRISHNA DISTRICT 3.TEACHER RECRUITMENT TRT AND TETCUMTRT, REP. BY ITS CONVENOR, GOVERNMENT OF AP., IBRAHIMPATNAM, KRISHNA DISTRICT 4.DOLA VENKATESWARLU, S/O.RAMANAIAH, RESIDENT OF AMBHEDKAR NAGAR, UDAYAGIRI, SPSR NELLORE DISTRICT, DEPARTMENT, ENDOWMENTS AGED 37 YEARS, NEAR R.T.C DEPOT, ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not selecting the petitioner herein as PGT (Economics) in Zone-Ill, basing on his merit, despite securing 3rd rank in Teacher Recruitment Test-2018 pursuant to the Notification No. 768/TRC-/2018-1 dt.26-10-2018, is illegal, arbitrary and unjust, and consequently direct the respondents herein to consider the case of the petitioner for appointment to the post of PGT in Economics in his local Zone- Ill by selecting him basing on his merit and rank secured by him in the TRT- 2018, and to pass Counsel for the Petitioner: 1.KAVITHA GOTTIPATI Counsel for the Respondent(S): 1.CH S VSURAJ 2.ADDL ADVOCATE GENERAL (AP) 3.GP FOR SERVICES 111 4.K. Nithin Krishna 2 APHC010105522020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI WRIT PETITION No. 6416/2020 050 0ZS [3396] i PRATAPA Between: ^ RAMAIAH aged about 37 YEAR9 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH SECRETARY, SECRETARIAT, DISTRICT 2.THE COMMISSIONER OF SCHOOL EDUCATION GOVERNMENT 3 ?eacHEr'^ ReSmfht^Itp^ REP BY?TS S'NOR^G'o^'Lp^rp ^018 KRISHNA DISTRICT.. ' ’ IN &";:nT:ac?nc: consequent,; Jl r petihoner for appointment to the post of Post Graduate Teacher t to theTRT.rofs 9^=® basing upon his option/merit REP BY ITS PRINCIPLE EDUCATION DEPARTMENT, AMARAVATHI, GUNTUR SCHOOL VELAGAPUDI, IBRAHIMPATNARN, in Counsel for the Petitioner' 1.CHS VSURAJ Counsel for the Respondent(S): 1.GP FOR SERVICES II The Court made the following: COMMON ORDER: Since the issue involved and the grievance of the Petitioners are one and the same, these Writ Petitions are being disposed of by this Common Order. WP No.9670 of 2019 The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: "... to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not selecting the petitioner herein as PGT (Economics) in Zone-III, basing on his merit, despite securing 3rd rank in Teacher Recruitment Test-2018 pursuant to the Notification No. 768/TRC-/2018-1 dt. 26-10-2018, is illegal, arbitrary and unjust, and consequently direct the respondents herein to consider the case of the petitioner for appointment to the post of PGT in Economics in his local Zone-III by selecting him basing on his merit and rank secured by him in the TRT-2018, and to pass ..." WP No.6419 of 2020 The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: ".... to issue an order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in not considering the case of petitioner herein as PGT (Economics) in Zone • III in General Category, basing on his option/merit in the existing vacancy in Teacher Recruitment Test 2018 pursuant to the Notification No 768 /TRC- /2018-1 dated 26.10.2018, is illegal, arbitrary and unjust and consequently direct the respondents herein to consider the case of the petitioner for appointment to the post of Post Graduate Teacher in Economics in Zone III by considering his case basing upon his option/merit to the TRT-2018 ..." 4 2. Heard Smt. Kavitha Gottipati, learnedcousnel for the No.9670 of 2019 and Sri Ch.S.V.Suraj, learned Petitioner in WP counsel for Petitioner in WP No.6416 of 2020 (respondent No.4 in WP No.9670 of 2019) and learned Assistant Government Pleader for Services-II Perused the material on record. i appearing for official respondents. Arguments advanced in WP No.6416 of 2020 3. Learned counsel for the Petitioners would submit that Petitioners applied to the post of Post-Graduate Teacher in Economics as per the Notification dated 26.10.2018 and respondent No.2 displayed the list of provisionally selected candidates to the said post, wherein the Petitioner in WP No.6416 of 2020 stood at Serial No.4 (Zonal Rank) and Petitioner in WP No.9670 of 2019 stood at Serial No.3 in Scheduled Caste Community in Zone-II. Further, after issuing merit. Petitioners opted to Zone-III being local Zone. Despite the petitioner is native of Zone-III, he could not get employment in Zone-III which is their native zone. Learned counsel would further submit should exercise only one option. Though the petitioner other zone, he could not because website does not that the candidate is interested to prefer cooperate for opting any other zone. Learned counsel would further submit that thereafter, in Zone-III vacancy for open category is increased to two due to conversion of the post which is meant for service person into open category (OC) as per the rules. Learned counsel would submit that since the information about non-availability of two posts in open category (OC) is not known to the candidates before opting 5 Zone, petitioner could not exercise his option to Zone-Ill. Learned counsel would submit that Petitioner is deprived of his employment in Zone-Ill. Learned counsel would submit that Petitioner in WP No.6416 of 2020 was impleaded respondent No.4 in WP No.9670 of 2019 as per Court order dated 15.12.2021 in lA No.l of 2020. Further, Petitioner is meritorious than respondent No.4 being at S.No.3 in State-wise merit list. Learned counsel would submit that ventilating their grievance, petitioners in both the writ petitions made separate representations to the respondent authorities. But there is no response. Hence, prays to allow the Writ Petition by giving opportunity to the Petitioner to have his employment in Zone-III since he could not opt Zone-III for want of information about the conversion of ex-service men quota post to open category OC. 4. Learned Assistant Government Pleader for Services-II would submit that by the date of publishing State-Wise merit list by calling the individuals to opt Zones, respondent authorities are not aware about the conversion of ex quota to Open Category (OC) that is why, the authorities have notified one vacancy in Open Category. Further, after publishing the selection list and after exercising the options by the candidates, then only Ex-service men quota can be converted into Open Category (OC). Hence, the Department did not notify the ex-servicemen post again. Learned Assistant Government Pleader would further submit that the Court may pass appropriate orders, since they have followed the selection process as per the Notification norms and governing servicemen rules thereon. 6 5. Learned counsel for respondent No.4 would submit that Petitioner initially opted zone-II that is why he could not secure employment in Zone-Ill. However, the conversion of ex-servicemen post into Open Category is not notified before exercising options. Learned counsel submits that the Court pass appropriate orders. 6. Considering the submissions made and on keen perusal of the material on record, the fact remains that because of conversion of Ex-servicemen post into Open Category (OC), one vacancy in open category is increased in Zone-III which is not known either to the Department or to the individuals before exercising Zonal options. After finalising the provisional selection list, the conversion of Ex-servicemen post into Open Category (OC) in Zone-III is exercised, due to which, respondent No.4 who opted in Zone-III since second candidate in Zone-III could not join, he could secure such employment. 7. A keen perusal of the material on record and in the light of the discussions referred to supra, it is vivid that increase of vacancy in Open Category (OC) in Zone-III is not known to the candidates before exercising option. In that view. Petitioner being the meritorious candidate at S.No.3 in the State-Wise merit list, is entitled to get the post by exercising the option in Zone- III but he could not secure such employment. 8. The material on record would reveal that this Court by Order dated 23.07.2019 passed an interim direction to keep one post of PGT in Economics vacant in Local Zone-III pursuant to TRT-2018 pending disposal of this Writ I may 7 WP No.6416 of 2020 was impleaded as Petition. Further Petitioner in respondent No.4 in WP No.9670 of 2019. 9. In the light of the aforementioned premise, it is apposite to allow WP respondent authorities to examine the No.9670 of 2019 by directing the candidature of the petitioner for the post which is converted into Open Category Zone-Ill and take appropriate decision (OC) from Ex-servicemen quota in according to the governing rules and law. 10. Accordingly, WP No.9670 of 2019 is allowed. No order as to costs, above orders, WP No.6416 of 2020 is disposed of 11. In the light of the directing the respondent eligible as per the Notification norms and governing Pending applications, if any, shall stand closed. That Rule Nisi has been made absolute as above. Witness the Hon ble Chief Justice Sri Dhiraj Singh Thakur on July, Two Thousand and Twenty Five. authorities to consider the case of the Petitioner if he so rules. No order as to costs. this Friday, Fourth day of the SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTTON OFFICER To, Endowments Department, State of 1. The Principal Secretary, School Andhra Pradesh, L 2. The Commissioner of School Education Secretariat, Velagapudi, Amaravati, Guntur District. A.P., Ibrahimpatnam, Krishna District (TRT & TET-cum-TRT), 3. The Convenor, Teacher Recruitment Government of AP., Ibrahimpatnam, Krishna District 4. One CC to Smt. Kavitha Gottipati, Advocate [OPUC] Sri Ch. S. V. Suraj, Advocate [OPUC] 5. OneCCto 6. Two CCS to GP for Services-lll High Court of Andhra Pradesh [OUT] 7. Two CD Copies ssb HIGH COURT DATED:04/07/2025 COMMON ORDER WP Nos. 9670 OF 2019 & 6416 OF 2020 OF M4DH» S 1 >1 JUt 2025 mi! 9» ^ . Current Section ALLOWING THE W.P.No.9670 of 2019 & DISPOSING OF THE W.P.No.6416 of 2020 WITHOUT COSTS