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High Court of Andhra Pradesh · body

2025 DAILYLAW 30176 (AP)

SHAIK KHADAR BASHA v. THE STATE OF AP

WP/22546/2025 · 2025-08-27

Ravi Cheemalapati

Transfer Petitionbody2025

Judgment text

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APHC010432762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) *1'', V- <85'■ 1 ♦ ;f - . V THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE ^ PRESENT HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 22546 OF 2025 Between: 1. Shaik Khadar Basha, S/o. Shaik Patcha, aged about 56 years, R/o. D No. 3-20, Eastpalem Village, Podili Mandal, Prakasam District, A.P. 2. Shaik Jilani Basha,, S/o. Shaik Kalesha, aged about 56 years, R/o. D. No. 3-95-1, Aakula Street, Pamur Town Pamur Mandal, Prakasam District, A.P. 3. . Shaik Abdul Rasool, , S/o. Abdul Kareem, aged about 56 years, R/o D.No. 14-270/9/2, Chenna Reddy Ventures Prakasam District, A.P. Putchala Metta, Darsi, 4. Dande Venkata Subbaiah,, S/o. Venkateswarlu, aged about 57 R/o. years. Village, D. No. 1-294, Chandrasekharapuram Chandrasekharapuram Mandal, Prakasam District, A.P. 5. Ravuru Murali Krishna,, S/o. Shanmukha Chari R/o. aged about 56 years. Village, Beside Sivaraju Rice SingarayakondaMandal, Prakasam District, A.P. 6. . Mannam Pullaiah,, S/o. Narasimham, aged about 54 Kondasamudram Mandal, Voletivari Palem Mandal, Prakasam District, Bairagimanyam years, R/o. A.P 7. Duddu Jambaiah,, S/o. Seshaiah, aged about 53 95A, S.C. Colony, Chimmiribanda Konanki Village Bapatia District, A.P. years, R/o. D.N0.3- Martur Mandal, 8. . Ganugapenta Kotaiah,, S/o. Malakondaiah, aged about 53 years, R/o. D. No. 9-1-27, Gamallapalem Village Kovur Mandal, SPS Nellore District, A.P. 9. Pudi Srinivasa Rao, , S/o. Lakshmu Naidu, aged about 55 years, R/o. Ravivalasa Village, Gudepuvalasa Panchayat Vizianagaram District, A.P. Sariki Samba Murty,, S/o. Sriramulu, aged about 55 years, R/o. M. Kothavalasa Village, Bondepalle Mandal, Vizianagaram District, A.P. Badangi Mandal, 10. ...Petitioners AND 1. The State Of Andhra Pradesh, Rep. by the Chief Secretary, General Administration Department, Secretariat, Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep. by its Special Chief Secretary, School Education Department, Secretariat, Velagapudi, Amaravathi. 3. The Commissioner of School Education, Department of School X Education, Sri Anjaneya Towers, Road No. 7-104 B-Block, 4th Floor, N.T.T.P.S. Road, Ibrahimpatnam, Vijayawada, NTR 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 to issue any writ, order or Direction more particularly one in the nature of writ of Mandamus declaring the action of Respondents in not considering the Petitioners case for absorbing them into government service on MTS basis on par with the DSC-1998, 2008 qualified candidates who were absorbed recently into government service on MTS basis, even though the Petitioners are legally entitled for the same as illegal, arbitrary, discriminatory, unjust, and in violation of Articles 14, 16 and 21 of the Constitution of India and consequently directing the Respondent authorities to consider the case of the Petitioners and appoint them Secondary Grade Teachers on Minimum Time Scale (MTS) basis in their respective districts in Government service by considering the Honble High Court order in W.P. Nos.37187, 39386 and 41547/2022 dated 01.07.2025 and on par with 1998 DSC qualified candidates who were considered for absorption into Government MTS basis. service on lA 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 to pass an interim order by directing the Respondents to consider the written representations submitted by the Petitioners for absorbing them into Government service as Secondary Grade Teachers on Minimum Time Scale (MTS) basis on par with^998 DSC qualified candidates, until disposal of the above writ petition. Counsel for the Petitioners: SRI SRINIVASA RAO NARRA Counsel for the Respondent No.1: GP FOR SERVICES I Counsel for the Respondent Nos.2 & 3:GP FOR SERVICES II The Court made the following order: APHC010432762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY.THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 22546/2025 Between: 1. SHAIK KHADAR BASHA, S/0. SHAIK PATCHA, AGED ABOUT 56 YEARS, R/0. D. NO. 3-20, EASTPALEM VILLAGE MANDAL, PRAKASAM DISTRICT, A.P. PODILI 2. . SHAIK JILANI BASHA,, S/0. SHAIK KALESHA, AGED ABOUT 56 YEARS PAMUR MANDAL, PRAKASAM DISTRICT, A.P. 3. . SHAIK ABDUL RASOOL, , S/0. ABDUL KAREEM, AGED ABOUT 56 YEARS, R/0. D.NO. 14-270/9/2, CHENNA REDDY VENTURES, PUTCHALA METTA, DARSI, PRAKASAM DISTRICT, A.P. R/O. D. NO. 3-95-1, AAKULA STREET, PAMUR TOWN 4. DANDE VENKATA SUBBAIAH S/0. VENKATESWARLU, AGED ABOUT 57 YEARS, R/O. D. NO. 1-294, CHANDRASEKHARAPURAM VILLAGE, CHANDRASEKHARAPURAM MANDAL, PRAKASAM DISTRICT, A.P. 5. RAVURU MURALI KRISHNA ABOUT 56 YEARS, BAI RAG I MAN YAM PRAKASAM DISTRICT, A.P. 6. . MANNAM PULLAIAH,, S/0. NARASIMHAM, AGED ABOUT 54 YEARS, R/O. KONDASAMUDRAM MANDAL, VOLETIVARI PALEM MANDAL, PRAKASAM DISTRICT, A.P S/0. SHANMUKHA CHARI, AGED R/O. BESIDE SIVARAJU RICE MILL, VILLAGE SINGARAYAKONDAMANDAL, 7. DUDDU JAMBAIAH S/0. SESHAIAH, AGED ABOUT 53 YEARS, R/O. D.N0.3-95A, S.C. COLONY, CHIMMIRIBANDA KONANKI 2 VILLAGE, MARTUR MANDAL, BAPATLA DISTRICT, A.P. 8. . GANUGAPENTA KOTAIAH,, S/0. MALAKONDAIAH, AGED ABOUT 53 YEARS, R/0. D. NO. 9-1-27, GAMALLAPALEM VILLAGE KOVUR MANDAL, SPS NELLORE DISTRICT, A.P. 9. PUDI SRINIVASA RAO, , S/0. LAKSHMU NAIDU, AGED ABOUT 55 YEARS, PANCHAYAT BADANGI MANDAL, VIZIANAGARAM DISTRICT, A.P. R/0. RAVIVALASA VILLAGE, GUDEPUVALASA 10.. SARIKI SAMBA MURTY,, S/0. SRIRAMULU, AGED ABOUT 55 R/0. M. KOTHAVALASA VILLAGE, YEARS, MANDAL, VIZIANAGARAM DISTRICT, A.P. BONDEPALLE ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY THE CHIEF SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SCHOOL EDUCATION DEPARTMENT, SECRETARY SECRETARIAT, VELAGAPUDI, AMARAVATHI. 3.THE COMMISSIONER OF SCHOOL EDUCATION, DEPARTMENT OF SCHOOL EDUCATION, SRI ANJANEYA TOWERS, ROAD NO. 7-104, B-BLOCK, 4TH FLOOR, N.T.T.P.S. ROAD, VIJAYAWADA, NTR DISTRICT. IBRAHIMPATNAM, ...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 any writ, order or Direction more particularly one in the nature of writ of Mandamus declaring the action of Respondents in not considering the Petitioners case for absorbing them into government service on MTS basis on par with the DSC-1998, 2008 qualified candidates who were absorbed recently into government service on MTS basis, even though the Petitioners are legally entitled for the same as illegal, arbitrary, discriminatory, unjust, and in violation of Articles 14, 16 and 21 of the Constitution of India and consequently directing the Respondent authorities to consider the case of the Petitioners and appoint them Secondary Grade Teachers on Minimum 3 Time Scale (MTS) basis in their respective districts in Government service by considering the Hon’ble High Court order in W.P. Nos.37187, 39386 and 41547/2022 dated 01.07.2025 and candidates who were considered for absorption into Government service MTS basis and pass lA NO: 1 OF 2025 with 1998 DSC qualified on par on 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 interim order by directing the Respondents to consider the written pass an representations submitted by the Petitioners for absorbing them into Government service as Secondary Grade Teachers on Minimum Time Scale (MTS) basis on par with 1998 DSC qualified candidates, until disposal of the above writ petition and pass Counsel for the Petitioner{S): 1. SRI NIVASA RAO NARRA Counsel for the Respondent(S): 1.GP FOR SERVICES I 2.GP FOR SERVICES II The Court made the following: ORDER: Non consideration of the petitioners’ representations dated 04.08.2025 made for absorbing them into Government service on MTS basis on par with DSC-1998, 2008 qualified candidates who were absorbed recently into Government service on MTS basis, even though the petitioners are legally entitled for the same, is the grievance of the petitioners. 2. Heard Sri Narra Srinivasa Rao, learned counsel for the petitioners and Sri G.V.L.Murty, learned Government Pleader for the respondents. 3. Learned counsel for the petitioners while reiterating the contents of the affidavit submitted that in similar set of facts this Court disposed of a batch of so 4 writ petitions vide W.P.Nos.37187, 39386 & 41547 of 2022 giving liberty to the petitioners therein, to make representations individually to the respondents to consider their case for appointment as teachers on contract basis, applying minimum time scale in any of the Government institutions and upon filing of such representations, directed the respondents to pass appropriateorders in each of the cases, in accordance with law within three months. He further submitted that, since representations had already been made to the respondents in the present case, a request was made to consider those representations and pass appropriate orders in a time bound manner. 4. Learned Government Pleader for the respondents did not refute to the same and submitted that the present case is squarely covered by orders of this Court in W.P.Nos.37187, 39386 & 41547 of 2022. 5. Taking their submissions into consideration and as this Court in similar set of facts, had already given a direction to the respondents to consider the representation so made by petitioners individually by passing orders within three months, this Court is inclined to dispose of the writ petition in same lines as in W.P.Nos.37187, 39386 & 41547 of 2022. 6. Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. 5 Registry is directed to annex copy of the orders passed in W.P.No.37187 of 2022 & batch to this order. Sd/- K.KASI RAO ACHAR! ASSISTANT REGISTRAR //TRUE COPY// n * SECIiQN PHBfeER To, 1. The Chief Secretary, Secretariat, Velagapudi, Amaravathi. General Administration Department, 2. The Special Chief Secretary Secretariat, Velagapudi, Amaravathi. School Education Department 3. The Commissioner of School Education, Department of School Education Sri Anjaneya Towers, Road No. 7-104 B-Block, 4th Floor, N.T.T.P.S. Road, Ibrahimpatnam, Vijayawada, NTR District. 4. One CC to Sri. Srinivasa Rao Narra, Advocate [OPUC] 5. Two CCs to GP For Services I High Court of Andhra Pradesh [OUT] 6. Two CCs to GP For Services II High Court of Andhra Pradesh [OUT] 7. Two CD Copies. [Along with copy of the orders passed in W.P.No.37187 of 2022 and batch]. AL fir high court DATED:28/08/2025 ORDER WP NO. 22546 OF 2025 f 15 SEr 2025 a Current Section ^ ¥J DISPOSING OF THE W.P. WITHOUT COSTS APHC010615832022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITIONNOs: 37187. 39386 & 41547/2022 Between: 1. BADUGU JOHN DANIEL, S/0. YACOB, AGED ABOUT 50 YEARS, R/0. D. NO. 6-10-73/7, 20TH WARD, JALADI VARI STREET, REPALLE, BAPATLA DISTRICT, A.P. 2. BANDARU NAGANJANEYULU,, S/O. POTHURAJU, AGED ABOUT 54 YEARS, R/0. IBRAHIMPATNAM MANUAL, NTR DISTRICT, A.P. D. NO. 4-33/5, REGISTER OFFICE ROAD, S/O. LATE PURNACHANDRA RAO, AGED ABOUT 59 YEARS, R/0. D. NO. 8-8-75, NEHRU NAGAR, 3RD LANE, NEAR SAI BABA TEMPLE, KOTHAPETA, GUNTUR CITY, GUNTUR DISTRICT, A.P. 4. DARNERLA LAKSHMANA BABU,, S/O. GOPALA KRISHNA, AGED ABOUT 55 YEARS, R/ O. D. NO. 14-23-13, JADALA VAN STREET, WARD N0.4, REPALLE, BAPATLA DISTRICT, A.P. 3. GADE LAKSHMANA RAO S/O. KAMESWARA RAO, AGED ABOUT 54 YEARS, R/0. D. NO. 2-104, PRAGNAM VILLAGE, NIZAMPATNAM MANUAL, BAPATLA DISTRICT, A.P. 6. SOMAROWTHU VENKATA SUBBARAO,, S/O. SRI KRISHNAIAH, AGED ABOUT 54 YEARS, R/0. D. NO. 9/ 18A, SOMAROWTHU VAN STREET, CHERUKUPALLI, BAPATLA DISTRICT, A.P. 7. R.V SUBBA LAKSHMI,, D/0. R.L. NARASIMHA RAO, AGED ABOUT 57 YEARS, R/0. D. NO. 1-96/K, JILLELLAMUDI VILLAGE, BAPATLA MAN DAL, BAPATLA DISTRICT, A.P. 8. SYED MOHAMMAD UMMAR ALI,, S/O. AHAMMAD, AGED ABOUT 54 YEARS, R/0. D. NO. 8-19-178, AM.BEDKAR NAGAR, 5TH LANE, KAKANI ROAD, GUNTURCITY, GUNTUR DISTRICT, A.P. 5. PUPPALA NAGESWARA RAO 9- SHAIK MAHAMMAD GOUSALLAZAM ABOUT 49 YEARS, S/0. SHAIK GHANI, AGED HIO. D. NO. 7-257/1 MEDIKONDURU MANDAL, GUNTUR DISTRICT 10.GADIGUNDLA MANIKYA RAO YEARS, R/0. D. NO. 3-75 MANDAL, NTR DISTRICT A.P. PERECHERLA, , A.P. S/0. JAYARAO, AGED ABOUT o, KETHANAKONDA, IBRAHIMPATNAM 57 ''YEA^s'^R/O® rMO “■ “°SES, AGED ABOUT '1-217, PAVAN SWARNA SRI NAGAR, VIDYADHARAPURAM, SITARA VIJAYAWADA URBAN, NTR DISTRICT 58 TOWERS, CENTRE, A.P. ariga yohan aged about 53 ^‘‘'AB°ouTfn JHONSON AGED rDr^ESD^KR^H^,^^^^ ''yearI"R/0 about '^YETs'wo^rr^Jfr^ aged ABOUT 57 spsrnellorec1?str1S.^''“ 17.NARISETTY SUBBARAO,, S/0. DEVAIAH R/0. D. NO. 16-4-28/1 kumari hospital district, A.P. ,A.P. 55 , aged about 54 YEARS VENKATESWARA NAGAR, NEAR JOShI KANDUKUR TOWN, SPSR NELLORE ''yIaRs'^To°° n Tn AGED ABOUT KANDUKUR TOWN, SPSR NELLORE DISTORT 19. SHAIK MASTAN BASHA 57 .A.P /^dn/ctaoo ^ khadar mohiddin aged 58 YEARS, R/0. D. NO. 5-82, PONNALURU MANDAL, PRAKASAM DISTRICT, A.P. ABOUT VILLAGE, PONNALURU 20.SHAIK JEELANI BASHA S/0. MAHABOOB, AGED ABOUT 54 3 YEARS, R/0. D. NO. 10-863-D, RAMALAKSHMAMMA STREET, MARKAPUR TOWN, PRAKASAM DISTRICT, A.R S/0. GURAVAIAH, AGED ABOUT 50 21.PUWADI SRINIVASULU YEARS, R/O. D. NO. 21-5-18/2, NALLAMALLI VARI THOTA, KANDUKUR TOWN, SPSR NELLORE DISTRICT, A.P. S/0. LAKSHMINARAYANA 22.VAKANI VENKATA SRINIVASAN CHARYULU, AGED ABOUT 54 YEARS, R/O. D. NO. 21-2-5, KANUMALLAVARl STREET, KANDUKUR TOWN, SPSR NELLORE DISTRICT, A.P. 23.BOILLA TIRUPATI REDDY,, S/0. RAMI REDDY, AGED ABOUT 58 YEARS, R/O. ANANTHASAGARAM VILLAGE AND MANDAL, SPSR NELLORE DISTRICT, A.P. 24.SHAIK MEERA SAHAB,, S/0. SHALL SAHEB, AGED ABOUT 54 YEARS, R/O. D. NO. 10-74A, BOSE STREET, CUMBUM TOWN, PRAKASAM DISTRICT, A.P. 25.SETTY VENKATA KRISHNA RAO,, S/0. KONDAIAH, AGED ABOUT D. NO. 22-2-26/2/A, KOWURU ROAD, 57 YEARS, R/O. KANDUKURU TOWN, SPSR NELLORE DISTRICT, A.P. 26 PASUPULA NANDA KUMAR,, S/0. GANESHAM, AGED ABOUT 54 YEARS, R/O. D. NO. 4-220A, MAIN ROAD, VEERAPUNAYUNIPALLE VILLAGE AND MANDAL, YSR KADAPA DISTRICT, A.P. 27 P LAKSHMI NARASIMHA REDDY., S/0. PEDDIREDDY OBUL R/O. D. NO. 5-15/A, REDDY, AGED ABOUT 49YEARS INDLASIDDAYA PALLE VILLAGE, YERRAGUNTLA MANDAL, YSR KADAPA DISTRICT, A.P. S/0. CHINNA VENKATANNA, AGED ABOUT 57 28.K. DASTAGIRI,. YEARS, R/O. D. NO. 3/86, MEDIDINNE VILLAGE, PEDDAMUDIUM MANDAL, YSR KADAPA DISTRICT. A.P. 29.DURBHAKA NAGA TRIPURA SUNDARI,, W/0. V.V.S.L. NARASIMHA PRASAD, AGED ABOUT 54 YEARS TAPOVANAM, ANANTHAPUR CITY, ANANTHAPUR DISTRICT, A.P. 30.CHEMIKALA CHANDRA SEKHAR REDDY,, S/0. PEDDA SUBBI REDDY, AGED ABOUT 56 YEARS, R/ O. D. NO. 1/41-A, 1ST WARD, PEDDA JONNAVARAM VILLAGE, DUWUR MANDAL, YSR KADAPA DISTRICT, A.P. 31.0BULREDDY RAMANJANEYA REDDY,, S/0. JAYARAMI REDDY, 50 YEARS, R/O. D. NO. 13-349-J25C, PIRAMID R/O. D. NO. 3-715, AGED ABOUT NAGAR, VEMPALLE TOWN. YSR KADAPA DISTRICT, virKAmSracTfp"' ““““O”*' sankarapuram! VENKATA KRISHNA REDDY,, S/0. NARASIMHA REDDY AGED ABOUT 53 YEARS, R/0. H. NO. LIG 606, BHAF^TH NAGAR COLONY, HYDERABAD, TELANGANA STATE. ;a.r AGED 34.SHAIK MAHABOOB SHARIF" LATE BADULLA AGED AROmt “^AIN bazaar, PORUMAMILLA ROAD, BADVEL TOWN, YSR KADAPA DISTRICT, A.P. 35.KOMMA SAMBASIVA REDDY,, S/O. LATE LINGA REDDY AGED LIG 5/119, HOUSIN^BOARD DISTRICT, A VILLAGE AND MANDAL, YSR KADAPA 36.GAJULAPALLE VENKATA SUBBA REDDY,, S/O. PEERA REDDY AGEDABOUT 55 YEARS, R/0. D. NO. 1-11C MAHANANDIPALLI KALASAPADU MANDAL, YSR KADAPA DISTRICT A p ' '' YEARs“''^nTI:ln'’^ ABOUT 56 ef murthy aged about ^ ' ■ BYRIVANIPETA, near KIMS HOSPITAL DICTRIcrA R^ ETCHERLA MANDAL, SRIKAKUUM YElLs''R/r^M,?^^ LIALAYYA, AGED ABOUT 58 o school STREET, MELIAPUTTI VILLAGE AND MANDAL, SRIKAKULAM DISTRICT, A.P. S'^'LIIVASA rao„ S/O. raghunadharn, aged about 57 YEARS, R/0. D. NO. 2-25, PEDDA VEEDHI, TAMALAPURAM NANDIGAM MANDAL, SRIKAKULAM DISTRICT, A.P. 41.METTA VISWANADHA BHATLU,, ‘ BHATLU, AGED ABOUT 61 YEARS STREET, SRIKAKULAM DISTRICT A.P. S/O. LATE LAXMINARAYANA R/0. D. NO. 1-75, MAIN MANDAL. TADIVALASA VILLAGE PONDURU 42.KURMAPU PRASAD RAO,. S/O. PEDDA NARASIMHA APPADU AGED ABOUT 53 YEARS, R/0. D. NO. 5-1-41, KRISHNAPURAM, 5 AMADALAVALASATOWN, SRIKAKULAM DISTRICT, A.R 43.PAIDI KRISHNA RAO,, S/0. LATE GADDEYYA, AGED ABOUT 56 YEARS, R/0. D. NO. 2-62, CHINNA STREET, TADIVALASA VILLAGE, PONDURU MANDAL, SRIKAKULAM DISTRICT, A.P 44.VAVILAPALLI VENKATA RAMANA,, S/0. LATE TAMMI NAIDU, AGED ABOUT 54 YEARS, R/0. MADDURU RAMAYYA AGRAHARAM, VASUDEVAPATNAM, SANTHAKAVITI MANDAL, SRIKAKULAM DISTRICT, A.P. 45.SANAPALA NARAYANA MURTHY, S/0. CHANDRASEKHARA RAO, AGED ABOUT 55 YEARS, R/0. D. NO. 1-19, PEDDA STREET, TADIVALASA VILLAGE, PONDURU MANDAL, SRIKAKULAM DISTRICT, A.P. 46.POTNURU VENKATA RAMANA, S/0. GOVINDA RAO, AGED ABOUT 54 YEARS, R/0. D. NO. 2-2/12-9/6D, RELLA VEEDHI, FOREST OFFICE BACKSIDE, SRIKAKULAM, SRIKAKULAM DISTRICT, A.P. 47.GEDALA GOVINDARAJULU, S/0. LATE JOGARAO, AGED ABOUT 58 YEARS, R/0. D. NO. 1-349/1, PEDDA VEEDHI, HIRAMANDALAM TOWN AND MANDAL, SRIKAKULAM DISTRICT, A.P. 48.KALARNATA RAJA RAO, S/0. CHITTIYYA, AGED ABOUT 59 YEARS, R/0. D. NO. 2-28, TULAGARN VILLAGE, AMADALAVALASA MANDAL, SRIKAKULAM DISTRICT, A.P. 49. P. RAMANA REDDY, S/0. LATE VENKATA SWAMI REDDY, AGED ABOUT 57 YEARS, R/0. D. NO. 9-26B, NEERUKUNTLA PAILI, GODDUVELAGALA VILLAGE, GANDLAPENTA MANDAL, ANANTHAPUR DISTRICT, A.P. 50.MUKTAPURAM VENKATA REDDY, S/0. ADI NARAYANA REDDY, AGED ABOUT 50 YEARS, R/0. D. NO. 7-32, MUDDANNAGARI PALLI, GANDLAPENTA MANDAL, ANANTHAPUR DISTRICT, A.P. 51.M. VENKATANAGI REDDY, S/0. BASI REDDY, AGED ABOUT 58 YEARS, R/O. D. NO. 3-27-B, KONERU VEEDHI, JOUKPALYAM STREET, KADIRI CITY, SRI SATHYASAI DISTRICT, A.P. 52. PJ. THIPPESWAMY, S/0. JOGAPPA, AGED ABOUT 51 YEARS, R/O. D. NO. 1/201, TAMMADEPALLI VILLAGE, AMARAPURAM MANDAL, ANANTHAPUR DISTRICT, A.P. 53.S.M.A.K. AZAD, S/O. SHAIK HUSSAIN PEERA, AGED ABOUT 55 YEARS, R/O. D. NO. 1-1072, EEDIGA VEEDHI, GORANTLA, SRI SATHYA SAI DISTRICT, A.P. 6 “t ““ GANDLAPENTA, SRI SATHYA SAL DISTRICT ''YEARf about 53 ShYA SA, DTO , AGED 1-29-A, MAIN ROAD R/O. D. NO ,A.P. 56.MALAKA LAKSHMIPATHI REDDY, S/0 CHINNA VENKATARam. RfODY AGED ABOUT 56 YEARS,'R/O. D. NTri5 VeI^Sy SATHYA SAI 57.GORIDINDLA VENKATA NARAYANA, S/0. LATE GANGULAYYA AGED ABOUT 53 YEARS. R/O. D. NO. 10-10, LINGAPpS p^u SIDDARAMAPURAM, ANANTHAPUR DISTRICT, A.P. 58.KAMMARA EKAMBARAMU ACHARI, S/O BRAMHAIAH ACHARI aged ABOUT 51 YEARS, R/O. D. NO. IS/tTa l^pu STREET JAMMALAMADUGU, YSR KAPADA DISTRICT, A.P. ’ 59.GUMMARAJU SUDARSANA RAO AGED ABOUT 54 YEARS 1 TEMPLE STREET, KRISHNA ANNAMAYYA DISTRICT A.P S/ O. REDDY KESAVA RAO R/O. D. NO. 4-2-21D1, VINAYAKA NAGAR, MADANAPALLE CITY ®'0. RAJGOPAL PILLAI, AGED ABOUT 53 TrN"cH^;TVoR^:?s/R^c?A^P ^ 61.a CHENCHU LAKSHMI,, W/0. M. MADHUSUDHANA RAO AGED ABOUT 51 YEARS, R/O. D. NO. 20-2-478/A2, MARUTh7naGAR TIRUPATI CITY, TIRUPATI DISTRICT, A.P. ’ 62.A. DAMODARAM,, S/O. SANJEEVI, AGED ABOUT 51 YEARS R/O D. NO. 3-21, KUMARABOMMARAJUPURAM MANDAL, CHITTOOR district, A.P. VILLAGE, PUTTURU 63.AMMINENI RAVI,, S/O. SUBRAMANYAM NAIDU, AGED ABOUT 54 ^^T'^ALAVARI kandriga, pitchatoor ramagiri MANDAL, CHITTOOR DISTRICT, A.P. f^AMACHANDRA PILLAI, AGED ABOUT 55 aTY ch™or"d°is™ct,Tp 65. A. PANDURANGAM,, S/O. A. RAJU, AGED ABOUT D. NO. 5-35/1 59 YEARS, R/O. - MANDAL, RETTAGUNTA VILLAGE, GUDIPALA 7 r. CHITTOOR DISTRICT, A.R 66.T. GNANASEKHAR REDDY,, S/0. LATE MUNIRATHNAM REDDY, AGED ABOUT 57 YEARS, R/0. D. NO. 7-37, KARMALA STREET, NAGARI TOWN AND MANDAL, CHITTOOR DISTRICT, A.R 67.C. BABU NAIDU,, S/O. VENKATA SWAMI NAIDU, AGED ABOUT 57 YEARS, R/ O. GANDLAPALLI VILLAGE, PUTHALAPATTU MANDAL, CHITTOOR DISTRICT, A.R 68.C. VASUDEVA NAIDU,, S/O. GOVINDA NAIDU, AGED ABOUT 57 YEARS, R/0. MUTHUVALLOORU VILLAGE, GUDIPALA MANDAL, CHITTOOR DISTRICT, A.R 69.N. VIJAYASEKHARA PILLAI,, S/O. JAYARAMA PILLAI, AGED ABOUT 57 YEARS, R/0. NANDANOOR VILLAGE, G.D. NELLORE MANDAL, CHITTOOR DISTRICT, A.R 70.GUDELA GOPALA RAO,, S/O. LATE VENKATA RAO, AGED ABOUT 51 YEARS, R/0. D. NO. 1-100/B, MAIN STREET, THATIPUDI, GURLA MANDAL, VIZIANAGARAM DISTRICT, A.R 71.SRIGAKOLAPU TAVITI RAJU„ S/O. SANYASI RAJU, AGED ABOUT 55 YEARS, R/0. D. NO. 2-4-8, AYYAPPA NILAYAM, HAZISHARIF STREET, VIZIANAGARAM DISTRICT, A.R 72.PALLA SRINIVASA RAO,, S/O. LATE LAKSHMAYYA, AGED ABOUT 57 YEARS, R/0. H. NO. LIG-55, VUDA COLONY, PHASE-2, KANAPAKAAYYANNAPETA, VIZIANAGARAM CITY, VIZIANAGARAM DISTRICT, A.R 73.K.V.V. SANYASI RAJU GUPTA,, S/O. NAGESWARA RAO, AGED ABOUT 53 YEARS, R/0. D. NO. 13-4-14, GUNTURU VARI STREET, NEAR OLD BAJAJ SHOWROOM, VIZIANAGARAM. CITY, VIZIANAGARAM DISTRICT, A.R 74. R. RAJASEKHAR GOUD,, S/O. BASAVANNA GOUD, AGED ABOUT 55 YEARS, R/0. D. NO. 2/1236, ALURU TOWN, ALURU MANDAL, KURNOOL DISTRICT, A.R 75.SHAIK NAZEER BASHA,, S/O. BAZI SAHEB, AGED ABOUT 52 YEARS, R/ O. MANGUPALLI VILLAGE, ANANTHASAGARAM MANDAL, SPSR NELLORE DISTRICT, A.R 76.SHAIK ABDUL RAHEEM,, S/O. KHAJA MOHIDDIN, AGED ABOUT 56 YEARS, R/0. L.R. PALLI, ATMAKURU MANDAL, SPSR NELLORE DISTRICT, A.R 8 I ...PETITIONER(S) 1 AND 1.THE STATE OF AP. REP. BY THE ADMINISTRATION DEPARTMENT AMARAVATHI. ^ STATE OF AP, REP. BY ITS SPECIAL CHIEF SECRETARY department, SECRETARIAT, VELAGAPUDi! 3.THE COMMISSIONER OF SCHOOL EDUCATION SCHOOL EDUCATION, SRI ANJANEYA TOWERS B-BLOCK, 4TH FLOOR, VIJAYAWADA, NTR DISTRICT. CHIEF SECRETARY, GENERAL SECRETARIAT, VELAGAPUDI, DEPARTMENT OF ROAD NO. 7-104, IBRAHIMPATNAM, n.t.t.p.s. road, ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the DlM^d the High Court may be pleased opieased to issue an appropriate Writ, Order or Direction more C OrdL° 0^ 'di be pleased to issue a ManH, a . particularly one in the nature of Writ of Mandamus directing the Respondent authorities to consider the case of the Late MTsTbasr'l*'""' Minimum t!: wRh^gs ncir r- a®" ’'®®P®‘="Ve districts in Government service on par th 1998 DSC qualified candidates who were considered for absorption into Government service keeping in view of G.O.Ms.No. 39 dated 21.06 2001 and Govt. Memo No. ESE01- 20021/3/2022 RECT-Exams pass dated 23.06.2022 and lA NO: 1 OF 2099 in the rn®; 'b® circumstances stated Pteaseffna ^'9b Court may be pleased insider ?h ° ‘^'''^‘'*'''9 *be Respondent authorities consider the representation of the Petitioners dated 17.10.2022 for their absorption into Government service as Secondary Grade Teachers on Minimum Time Scale (MTS) basis on par with 1998 DSC qualified candidates until disposal of the above writ petition and lA NO: 2 OF 202? to pass Petition under Section 151 CPC in thcg offvi F f I ^ • praying that in the circumstances stated rteasef ‘be petition, the High Court may be pleased pleased to pass an interim order by directing the Respondent authorities to 9 Stay the recruitment process of the DSC-1998 qualified candidates in Government service, until disposal of the above writ petition and pass lA NO: 1 OF 2023 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 pass an order by directing the Respondent authorities not to carry forward the posts notified in DSC-1996 which are unfilled, until disposal of the above writ petition and pass lA NO: 2 OF 2023 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 reply counter on record by allowing the leave petition in the above writ petition and pass Counsel for the Petitioner(S): 1. SPIN IVASA RAO NARRA Counsel for the Respondent(S): 1.GP FOR SERVICES I 2.GP FOR SERVICES II The Court made the following: COMMON ORDER:- Heard Sri Srinivasa Rao Narra, learned counsel for the petitioners, learned Government Pleader for Services I and learned Government Pleader for Services II. A notification inviting applications for recruitment of School Assistants in Zilla Parishad/Mandal Parishad, Secondary Grade Teachers, Language Pandits Grade-ll and PETs in Government and Zilla 2. Parishad/Mandal Parishad schools by the Commissioner and Director of School Education Department, was issued on 27.01.1996. 10 7. rA 3. The relief sought by the petitioners is that they should be considered for appointment as Secondary Grade Teachers on a Minimum Time Scale on par with DSC-1998 qualified candidates, who were absorbed into service vide G.O.Ms.No.39 dated 21.06.2021. The contention of the petitioners is that the Government has taken a decision in 2022 to appoint the candidates qualified in DSC-1998. However, the same benefit has not been extended to the qualified candidates of DSC-1996. 4. The petitioners attribute their non-selection to the post of SGTs/School Assistants at the relevant point of time to the following: (a) Adoption of the rule for carry forward of the vacancies of women and B.Cs. (b) Reservation for women was increased to 33 1/3% instead of 30% as specified under the notification. Although no posts were earmarked for Ex-Servicemen, the (c) Ex-Servicemen quota was applied. (d) Contrary to G.O.Ms.No.41 dated 01.08.1996, women were granted 35 roster points instead of 34. After the issuance of the notification for selection, the rule that (e) was in force as on the date of the notification should be applied, however, the same was not followed by the respondents and the subsequent Government Orders issued after the notification were considered. Lesser meritorious women candidates were selected who did not (f) even secure cut-off marks. 11 (g) District was the unit of selection as of the date of notification; however, the same has been modified as Zonal, consequently modifying the reservation of local and non-local as 70:30 from 80:20, affecting the local candidates. (h) The candidates selected under DSC-1998 are eligible for appointment in the vacancies available up to March, 1998. It is contended by the petitioners that since the selected candidates of DSC-1998 have been considered for appointment vide G.O.Ms.No.39 dated 21.06.2021, the petitioners who are in no way dissimilar to the candidates of DSC-1998, a direction is sought to the respondents to consider the petitioners for appointment under minimum time scale without any other service benefits. The learned counsel further brought to the notice of the Court a Memo issued by the Government, dated 11.06.2025 where under the Government has taken a decision to renew the services of the DSC-2008 and DSC-1998 as contract teachers for a period of 11 months w.e.f. 01.06.2025 to 30.04.2026. 5. 6. The respondents contend that, under the circumstances mentioned in G.O.Ms.No.39 dated 21.06.2021, the decision was taken to consider the cases of persons who fall within the zone of consideration and were affected by the change in the selection pattern for SGTs (Secondary Grade Teachers). It is further contended that the petitioners did not aver in the affidavit that they were selected and called for an interview, nor were they in the zone of consideration. It is further stated that the selection process of 12 DSC-1996 had already been completed. At no point in time, the petitioners challenged the selection process; for the first time, after 25 years of the selection, a challenge was made to the process. 7. Considered the rival submissions. The grievance of the petitioners is that they, who qualified in DSC-1996, should have been considered on par with the selected candidates of DSC-1998 and DSC-2008. The petitioners have challenged the selection process of DSC-1996 on various grounds, as stated supra at para 4. A perusal of the G.Os and Memos issued by the Government from time to time on the issue indicates that candidates from DSC-2008 were considered under specific circumstances. In the case of DSC-2008, the consideration appears to have been based on a change in the pattern of selection to the posts of SGTs, as well as modifications in the selection criteria for D.Ed. and B.Ed. candidates, and the same was also challenged before a Court of law. As noted from the Government Memo dated 23.06.2022, which was issued for consideration of DSC-1998, candidates appear to have been made pursuant to a request from the Commissioner of School Education, seeking absorption of eligible DSC-1998 candidates for appointment as Cluster Resource Persons in the vacancies. Academic Instructors in KGBV Schools, as Guest Lecturers in A.P.Model Schools, and as teachers in the DEO pool for deployment in mapped schools. It is stated that the petitioners have also discharged their services as Vidya Volunteers up to 2010. 13 This Court is not inclined to adjudicate upon the contentions of the petitioners raised on the selection process of DSC-1996, having regard to the fact that it has been 30 years since the notification has been issued, it does not appear from the record if the petitioners made any such challenge at any point of time. Therefore, an omnibus direction cannot be issued at this time to consider the petitioners' case for appointment as However, having regard to the decision of the Government in 2022 to consider the candidates of DSC-1998 for being appointed as Cluster Resource Persons in the vacancies. Academic instructors in KGBV schools, guest lecturers in A.P.Model Schools, and as teachers in the DEO pool for deployment in mapped schools against the existing vacancies, this Court is of the view that the petitioners herein, who are within the zone of criterion such as age, be granted liberty to make a representation to the respondents to consider them for appointment as teachers on contract basis on payment of minimum time scale, subject to their age of 8. teachers. superannuation. 9. teachers. superannuation. 9. The writ petitions are accordingly disposed of granting liberty to the petitioners herein, to make representations individually to the respondents to consider their case for appointment as teachers on contract time scale in any of the Government basis, applying minimum Schools / Institutions. Upon filing of such an application(s), the respondents are directed to pass appropriate orders in each of the cases, in accordance 14 With law within three (3) months from the date of shall be no order as to costs. As a sequel, interlocutory applications, receipt of the order. There pending if any, shall stand closed. JUSTICE KIRANMAYEE MANDAVA Date;01.07.2025 ANI