1 APHC010470032023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 24717/2023 Between: Ch Nagabushana Rao ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. V SESHA KUMARI Counsel for the Respondent(S): 1. GP FOR SERVICES III The Court made the following: ORDER: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “…..declaring the action of the respondents in not confining the promotion to the School Assistant (English) at category 5 of class-1 to the candidates possessing English Literature at graduation at par with the language teachers in categories 6 to 16 of the same class as arbitrary, illegal, discriminatory and violative of Art. 14, 19 and 21 of the Constitution of India and consequently direct the respondents to confine promotions to category 5 teachers of class 1 of School Education Service to those who 2 passed graduation in English literature and grant such other relief as may be deemed just and proper in the circumstances of the case.” 2. Facts of the case, in brief, are that the petitioner is working as Secondary Grade Teacher. He is possessing graduation in English Literature and B.Ed. with English language. The post of Secondary Grade Teacher is a feeder category for the post of School Assistant in the concerned subject. The petitioner possessing English as specialization in Graduation and B.Ed., and is qualified for appointment/promotion to the post of School Assistant in English. The Government issued service rules vide G.O.Ms.No.12 School Education (Ser.II) Department, dated 23.01.2009, whereunder column 4 of the table under Rule 5 provides qualifications for all categories of teachers. Thereafter, Government vide G.O.Ms.No.16 Education (Ser.II) Department, dated 07.02.2015 amended the column 4 in respect of language teachers at categories 6 to 16 of Class 1 of the service, but the English language at category 5 of Class-1, was not amended. While so, the petitioner has been representing the respondents to confine the promotions to the teachers possessing qualification at the degree level as in the case of other language teachers. Though the respondents have taken decision in respect of other languages like Telugu, Hindi, Tamil etc., no decision was taken in respect of English language. The respondents are not focussing their attention to appoint qualified teachers in the English language, which is as important as other languages. Thereafter, the Government issued G.O.Ms.No.77, dated 30.10.2019 upgrading the language 3 teachers directly as School Assistants. Further stated that the respondents are taking up promotions every month to fill up the vacancies. Therefore, the petitioner requested to direct the respondents to amend the column 4 of the Rule 5 in respect of category-5 (School Assistant-English) as amended in respect of categories 6 to 15 vide G.O.Ms.No.16, dated 07.02.2015. Hence, the present writ petition is filed. 3. This Court vide order dated 21.09.2023 has granted interim order, which reads as under: “Pending disposal of this writ petition, status quo shall be maintained by both the parties for a period of two (2) months.” 4. Heard Mrs.V.Sesha Kumari, learned counsel for the petitioner and learned Assistant Government Pleader for Services-III, appearing for the respondents 1 to 3. 5. Perused the material available on record. 6. On hearing the submissions made by both learned counsels and upon perusal of the material available on record, this Court feels it appropriate to dispose of the writ petition, without touching the merits of the case, directing the respondents to take steps for confining the promotions to category 5 teachers of class 1 of School Education Service, to the Secondary Grade Teachers, who passed graduation in English literature and pass appropriate orders, in accordance with law, within a period of three (03) months from the 4 date of receipt of a copy of this order. Till such time, the respondents are directed not to effect any promotions in this regard. 7. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. 8. As a sequel, miscellaneous applications pending, if any, shall stand closed. ________________________ DR. K. MANMADHA RAO, J. Date: 05.02.2025 ARR 5 HON’BLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION No.24717 of 2023 Date : 05.02.2025 ARR