1 APHC010423792022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 26000/2022 Between: 1. DURIPALLI SRINIVAS,, AGED ABOUT 44 YEARS, S/O PRAKASH,1- 8/A, URLAKULAPADU, MAREDUBAKA, RAJ AVOMMANGI, NEW ALLURISEETHARAMARAJU DIST ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF TRIBAL WELFARE, AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE COMMISSIONER AND DIRECTOR OF TRIBAL WELFARE DEPARTMENT, D.NO-4O-3/1-46-4A, WARD NO-13, KONERU LAKSHMAIAH STREET, VIJAYAWADA-1O, ANDHRA PRADESH. 3. THE DISTRICT COLLECTOR, NEW ALLURISEETHARAMARAJU DIST ANDHRA PRADESH. 4. THE DEPUTY DIRECTOR, TRIBAL WELFARE DEPARTMENT, RAMPACHODAVARM, NEW ALLURISEETHARAMARAJU DISTRICT, ANDHRA PRADESH. 5. THE ASST TRIBAL WELFARE OFFICER DEPARTMENT, RAMPACHODAVARM, NEW ALLURISEETHARAMARAJU DISTRICT, ANDHRA PRADESH. 6. THE HEAD MASTER, AHS, RAJAVOMMAGNI, RAMPACHODAVARM, 2 NEW ALLURISEETHARAMARAJU DISTRICT, ANDHRA PRADESH ...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 topleased to issue writ of Mandamus or any other appropriate writ or direction, or directions, declaring the action of the respondent No 4, in issuing the impugned proceedings Rc. No. D2/DW(TW)/129/2020, dated 07.04.2022, duly rejecting my request for promotion, to the post of Head Master Grade.II as I was acquired lower qualification of Intermediate, after B.Ed., duly citing the G.O.Ms No.23 Social Welfare (TW.SER.III) dept, dated 01.04.2011 without observing in the orders passed in the similar case this Hon'ble court in WP No 10159 of 2019 dated 20.08.2019 as illegal, arbitrary and violation of principles of natural justice and also violation of Article 14,16,21 and 300-A of the Constitution of India and consequently direct set aside the impugned orders passed by the 4th respondent duly affecting the promotion to the next level i.e Head Master Grade.II with all consequential benefits and to pass IA NO: 1 OF 2022 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 pleased to direct the respondents to consider the representation of the petitioner dated 5.08.2022 in including the name of the petitioner in the coming Departmental promotion panel and pass IA NO: 1 OF 2025 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 pleased to receive the additional material paper as Ex.P9, Ex. P.10, Ex.P.11 and Ex.P.12 in WP.No.26000 of 2022 and pass IA NO: 2 OF 2025 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 pleased to amend the main prayer in the above writ petition “questioning the seniority list for the post of School Assistant and LFL Head Master for the promotion post of the Head Master Gr-ll in Ashram School dated 20.06.2025 is illegal, arbitrary and violative of GOMs.No.23 Social Welfare (TW.SER.III) Dept., dated 01.04.2011 and against the orders in WP.No.10159 of 2019, 3 violative of Article 14,16 and 21 of Constitution of India and consequently set- aside the list issued by the Sub-Collector and Chairman of Promotion Committee, Rampachodavaram and pass such other order or orders as this Hon’ble court may deem fit and proper in the circumstances of the case” in the place of “declaring the action of the respondentNo.4, in issuing the impugned proceedings Rc.No.D2/DD/(TW)/129/2020, dated 07.04.2022, duly rejecting my request for promotion, to the post of Head Master Grade.li as I was acquired lower qualification of intermediate, after B.Ed., duly citing the GOMs.No.23 Social Welfare (TW.SER.III) Dept., dated 01.04.2011 without observing in the orders passed in the similar case this Hon’ble Court in WP.No.10159 of 2019 dated 20.08.2019 as illegal, arbitrary and violation of principles of natural justice and also violative of Article 14, 16, 21 and 300-a of the Constitution of India and consequently direct set-aside the impugned orders passed by the 4“^ respondent duly affecting the promotion to the next level i.e.. Head Master Grade.il with all consequential benefits and to pass such other order or orders as this Hon’ble Court may deem fit just and proper in the circumstances of the case” in the writ petition as well as miscellaneous application and pass IA NO: 3 OF 2025 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 pleased to stay the seniority list dated 20.06.2025 issued by the Sub- Collector and Chairman for Promotion Committee, Rampachodavaram at Ashram School, pending disposal of the above writ petition and pass IA NO: 4 OF 2025 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 may be pleased to grant leave to file the Counter Affidavit in the above writ petition and pass Counsel for the Petitioner: 1. M K RAJ KUMAR Counsel for the Respondent(S): 1. GP FOR SERVICES II 4 The Court made the following: ORDER: Heard Sri M. K. Raj Kumar, learned counsel for the petitioner and learned Government Pleader for Services II, appearing for the respondents. 2. Denying the petitioner’s promotion to the post of Headmaster-Gr.II, the petitioner has approached this Court by way of an instant Writ Petition. 3. It is contended that the petitioner was selected as language pandit (Hindi) in 1997 and promoted as School Assistant. In 2019, the petitioner’s name was considered for promotion. However, the same was not considered on the ground that the petitioner had completed the intermediate course after bachelor degree. In other words, the petitioner did not possess educational qualification in prescribed form of 10+2+3 as per Rule 4 of the Andhra Pradesh Tribal Welfare Education Service Rules. 4. The learned counsel for the petitioner relying on the decision of this Court in W.P.No.10159 of 2019 argues that the petitioner is also similarly placed person, therefore prays for allowing the Writ Petition in the same lines. He further argued that in the case of similarly situated persons in whose case, the intermediate qualification obtained from APOSSS was considered as equivalent to regular intermediate, where as the petitioner has obtained intermediate after the graduation was not considered. 5 5. The 4th respondent filed counter stating that the case of the petitioner for promotion was not considered for the reason that the 2nd respondent has clarified that as per the existing Service Rules of both Tribal Welfare Department and School Education Department, the educational qualifications for the promotion to the post of Head Master Gr.II is SSC+Inter+Degree. The petitioner, who acquired Oriental title and Pandit Training and subsequently acquired lower qualification of Intermediate, is not eligible for promotion to the post of Gazetted Head Master Gr.II. Further informed that Visarada/Madyama is not equal to (2) years Intermediate course and the individual is not eligible for promotion of the post of Head Master Gr.II as per the existing Service Rules issued vide G.O. Ms. No.23 Social Welfare (TW.SER.III) Dept., dated 01.04.2011 as he acquired lower qualification of intermediate after B.Ed. 6. It is further stated that the Seniority list of School Assistant/LFL Head Masters are prepared by calling objections and finally prepared final Seniority list vide Rc.No.D2/DD(TW)/175/2020, dated 29.09.2021. Hence, the Seniority list for the year 2019 has been updated for the year 2021 and finalized on 29.09.2021. 7. Considered the submissions. 8. The reliance placed by the petitioner on the decision of this Court would not apply to the case for the reason that in the said case, a declaration of second para of the Rule 4 of AP Tribal Welfare Education Service Rules 6 issued under G.O.Ms.No.23 Social welfare department, as illegal was sought. The relief sought in the said Writ Petition to the said effect was not adjudicated upon. This Court observed as follows: “The Tribunal by considering the said Rule held that the petitioners are eligible for the post of headmaster as he possessed B.Ed.Degree, Therefore, the applicant obtaining intermediate qualification after possessing B.Ed.Degree does not come in the way of the respondents to consider the case. Hence, following the said order, this court deems it appropriate to dispose of the writ petition with a direction to the respondents 1 to 4 to consider the case of the petitioners to the post of Head master Grade-II, without applying the last limb of the second paragraph of the Rule 4 of the Andhra Pradesh Tribal Welfare Educational Service Rules.” 9. In the said case, no principle as such as to the validity of the said Rule has been laid. In the light of the same, I am of the view that the said decision would not be a binding precedent, in as much as the same has been rendered in the facts of the said case. 10. However, the learned counsel for the petitioner relying on the proceedings dated 20.06.2025 of the Collector and Chairman for Promotion Committee, Rampachodavaram, argues that one Sri Maddikonda Karuna Vilas, also is having qualification of intermediate, obtained through APOSSS was considered eligible for promotion to the post of Head Master Gr.II, and argues that except the petitioner, there are no other eligible persons for consideration to the post of Head Master Gr.II within the Zone of 7 consideration. Since there are no other eligible persons for the subject post, the case of the petitioner may be considered for promotion. 11. Having regard to the contentions advanced, this Court directs that the 4th respondent shall consider the case of the petitioner for promotion to the post of Head Master Gr.II, if there are no such eligible and willing persons, within the zone of consideration for promotion to the post of Head Master, Gr.II. 12. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date:02.09.2025 MVK Note: Issue C.C. by two days B/o MVK 8 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO:26000/2022 Date:02.09.2025 MVK Note: Issue C.C. by two days B/o MVK