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2025 DAILYLAW 31799 (AP)

N APSAR BANU v. The State of Andhra Pradesh,

WP/23636/2025 · 2025-09-08

Nyapathy Vijay

body2025

Judgment text

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1 APHC010466332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23633/2025 Between: 1. DANDU SARVANNA, S/O.DANDU BALA SARVANNA, AGED 39 YEARS, OCC WARD WELFARE AND DEVELOPMENT SECRETARY, NANDYAL, R/O.YAGANTIPALLE VILLAGE, BANAGANAPALLE MANDAL,NANDYAL DISTRICT, ANDHRA PRADESH. (ERSTWHILE KURNOOL DISTRICT) ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR OF SCHOOL EDUCATION, ANDHRA PRADESH, D.NO.398/3 VIDYA BHAVAN, VENKATADRI TOWERS ATMAKUR VILLAGE, MANGALAGIRI, GUNTUR DISTRICT 3. THE CONVENOR, MEGA DSC-2025, THE ANDHRA PRADESH TEACHERS RECRUITMENT TEST (TRT), VIDYA BHAVAN, VENKATADRI TOWERS ATMAKUR 2 VILLAGE, MANGALAGIRI, GUNTUR DISTRICT 4. THE DISTRICT EDUCATIONAL OFFICER, KURNOOL DISTRICT, KURNOOL. ...RESPONDENT(S): WRIT PETITION NO: 23636/2025 Between: 1. N APSAR BANU, D/O. N. AMJAD ALI KHAN, AGED ABOUT 36 YEARS, OCC..UNEMPLOYEE, R/O.D.NO.IV- 400-B7, ANJANEYASWAMI TEMPLE STREET, MADANAPALLE, ANNAMAYYADISTRICT ANDHRA PRADESH. (ERSTWHILECHITTOOR DISTRICT) ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR OF SCHOOL EDUCATION, ANDHRA PRADESH, D.NO.398/3 VIDYA BHAVAN, VENKATADRI TOWERS ATMAKUR VILLAGE, MANGALAGIRI, GUNTUR DISTRICT 3. THE CONVENOR, MEGA DSC-2025, THE ANDHRA PRADESH TEACHERS RECRUITMENT TEST (TRT), VIDYA BHAVAN, VENKATADRI TOWERS ATMAKUR VILLAGE, MANGALAGIRI, GUNTUR DISTRICT 4. THE DISTRICT EDUCATIONAL OFFICER, CHITTOOR DISTRICT, CHITTOOR. ...RESPONDENT(S): 3 Counsel for the Petitioner: 1. KAVITHA GOTTIPATI Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION Nos.23633 and 23636 of 2025 COMMON ORDER: In the present Writ Petitions the Petitioners are questioning the non-selection for appointment as School Assistants (Social Studies) and English respectively pursuant to DSC Notification No.01/Mega DSC-TRC-1/2025, dated 20.04.2025, as illegal and arbitrary. 2. In W.P.No.23633 of 2025 the case of the Petitioner was rejected for further consideration on the ground that he secured less than 45% marks in Degree contrary to the minimum marks of 50% prescribed as per Rule 5(1)(d) of the Andhra Pradesh Teacher Recruitment Test (AP TRT) Rules for the posts of School Assistant (SA), Secondary Grade Teachers (SGT), Trained Graduate Teachers (TGT-Special Education in Special Schools), Secondary Grade Teachers (SGT-Special Education in Special Schools) and Physical Education Teachers (PET) Scheme of Selection Rules, 2025 (for short, „the Rules‟). 5 3. 5 3. Similarly, in W.P.No.23636 of 2025 the case of the Petitioner was rejected on the ground that she secured less than 50% marks in Post Graduation. 4. Learned counsel for the Petitioners would submit that if the marks of the Petitioners are examined exclusively with reference to the subject which they are pursued Degree and Post Graduation marks would satisfy the requirement. However, the Respondents are considering the qualification marks inclusive of the languages, which is not the purport of the Rules. 5. Learned Assistant Government Pleader would submit that as regards the Petitioner in W.P.No.23633 of 2025, he had secured 43.38% marks in Graduation which is below the minimum eligibility of 50% as per Rule 5(1)(d) of the Rules and therefore, he was not qualified. 6. As regards the second argument of the Petitioner that the languages should not be included while calculating the minimum percentage, he would further submit that the rule speaks otherwise. 6 7. As regards the Petitioner in W.P.No.23636 of 2025, learned Assistant Government Pleader would submit that the Petitioner had pursued M.A. (English) and secured 48% marks against the required 50% and as such she is not qualified for appointment. 8. Having heard the respective counsel, Rule 5(1)d and (e) of the Rules read as under: “(d) School Assistant (Social Studies): Must possess Graduation with any two of the following subjects as optional: - (i) History (ii) Ancient Indian History Culture & Archaeology (iii) Economics (iv) Geography (v) Political Science (vi) Politics (vii) Public Administration (viii) Commerce (ix) Sociology (x) Social Work (xi) Anthropology (xii) Social Anthropology (xiii) Philosophy (xiv) Psychology (xv) Business Economics (xvi) Business Organization and Management (xvii) Statistics / Business Statistics /Quantitative Techniques (xviii) financial Services, Banking and Insurance (xix) Accountancy / Financial Accounting (xx) Fundamentals of information technology in its equivalent of computer Systems and Programmes principles (xxi) Industrial Relation (xxii) Foreign Trade subject from a university recognized by UGC with 50% marks in Graduation; in case of SC/ST/BC/Persons with bench mark disability Candidates, the minimum marks shall be 45% and 7 must pass B.Ed. / B.Ed. (Special Education) with Social Studies / Social Sciences / Geography / History / Politics / Political Science / Economics as a methodology subject. OR Must possess a 4-year B.A. B.Ed. Integrated degree having any two of the following subjects as optional (i) History (ii) Ancient Indian History Culture & Archaeology (iii) Economics (iv) Geography (v) Political Science (vi) Politics (vii) Public Administration (viii) Commerce (ix) Sociology (x) Social Work (xi) Anthropology (xii) Social Anthropology (xiii) Philosophy (xiv) Psychology with at least 50% marks; In case of SC/ST/BC/Persons with bench mark disability candidates, the minimum marks shall be 45% with concerned methodology from any institution recognized by NCTE/RCI. OR Post-Graduation in the concerned subject with a minimum 55% marks or equivalent grade and three year integrated B.Ed-M.Ed with concerned subject methodology as per NCTE regulations. In case of SC/ST/BC/Persons with bench mark disability candidates, the minimum marks shall be 50%. OR B.C.A/B.B.M Candidate with Social Sciences at intermediate level as a group subject. Must possess at least 50% marks in Graduation, in case of SC/ST/BC/Persons with 8 benchmark disability candidates, the minimum marks shall be 45% and must pass B.Ed./ B.Ed.(Special Education) with Social Studies/Social Sciences/ Geography/ History/ Politics/Political Science / Economics as a methodology subject from any institution recognized by NCTE/RCI. (e) School Assistant (English): Must possess Graduation with English as a main subject (or) one of the optional subjects (or) a Post Graduate Degree in English from a university recognized by UGC with 50% marks either in Graduation or Post Graduation; in case of SC/ST/BC/Persons with bench mark disability Candidates, the minimum marks shall be 45% and must pass B.Ed./B.Ed. (Special Education) with English Methodology from any institution recognized by NCTE/RCI. OR Must possess a 4-year B.A.B.Ed/ B.Sc.B.Ed Integrated degree having English as one of the optional subjects with at least 50% marks (In case of SC/ST/BC/Persons with bench mark disability candidates, the minimum marks shall be 45%) with concerned methodology from any institution recognized by NCTE. OR Post-Graduation in the concerned subject with a minimum 55% marks or equivalent grade and three year integrated B.Ed-M.Ed with concerned subject methodology as per NCTE regulations. In case of SC/ST/BC/ Persons with 9 bench mark disability candidates, the minimum marks shall be 50%.” 9. As per the above Rules, the minimum qualification prescribed is 50% marks in Graduation and Post Graduation for candidates belonging to OC community and the Rule does not distinguish between the core subject in Graduation and languages. The highlighted portion of the above Rules states that 50% marks either in Graduation or Post Graduation is the criteria for selection. As the Petitioners have not secured the minimum marks as per the Rules mentioned above, this Court does not find any error in non-consideration of the Petitioners for appointment as School Assistants. 10. Accordingly, both the Writ Petitions are dismissed. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. _______________________________ JUSTICE NYAPATHY VIJAY Date: 09.09.2025 Ivd 10 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION Nos.23633 and 23636 of 2025 Dated 09.09.2025 Ivd