V • APHC010480112023 IN THE HIGH COURT OF ANDHRA PRADESH- AT AMARAVATI MONDAY.THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RACF yVRIT APPEAL Nos. 948 AND 949 0F 2023 WRIT APPEAL NO: 948 OF 2023 dated"«S Between: 1. The State of Andhra Pradesh, ^ Education Department, Secretariat Guntur District. 2. The Commissioner and Director Vijayawada, Krishna District. 3. The District Selection Chairman/District Collector. 4. The District Educational Officer Rep. By its Principal Secretary, School Buildings, Velagapudi, Amaravathi. of School Education, Ibrahimpatnam, Committee, Vizianagaram District. Rep.by Vizianagaram District. ■■.appellants/respondents 1-4 in W.P AND 1- Krishnam Raju Ambati, S/o Jagga Rao, aged 42 ^ R/o Sanyasi Raju Peta Village, Salur POandMandal Manyam District years. Unemployed, M Parvathipuram previously Vizianagaram District. ... respondent/petitioners rt 2. The Project Officer, Integrated Tribal Development Vizianagaram District. Agency, 3. The Commissioner, Tribal Welfare Department, Directorate of Tribal Welfare Department, D.No.40-3/1-49-4A Ward No. 13, Koneru Lakshmaiah Street, Moghalrajpuram, Vijayawada. 4. The Deputy Director, Education Tribal Welfare Department Vizianagaram District, Andhra Pradesh. 5. The Tahsildar, Salur Mandal, Vizianagaram District. ...RESPONDENTS/ RESPONDENTS'^ lA NO: 2 OF 202.? Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Courf may be pleased to suspend the operation of order, dafed.24.07.2023 made in W.P.No.18272 of 2023. Counsel for the Petitioners: GP FOR SERVICES-III Counsel for the Respondent No.1: SRI THOTA S. NARASIMHASWAMY Counsel for the Respondent Nos.2 to 4:GP FOR SERVICES Counsel for the Respondent No.5: GP FOR SERVICES-I V. L. II APHC010480302023 WRIT APPEAL NO: 949 OF 207.^ H , Clause t5 of the Letters Patent against the order dated 14.07.2023 in W.P.No.15765 of 2023 on the file of High Court. .n Between: 1. The State of Andhra Pradesh, Rep. By its Principal Secretary Education Department, Secretariat Buildings, Velagapudi Guntur District. , School Amaravathi, 2. The Commissioner and Director of School Education, Vijayawada, Krishna District. 3. The District Selection Committee Chairman/District Collector. 4. The District Educational Officer, Ibrahimpatnam Vizianagaram District. Rep. by Vizianagaram District ...APPELLANTS/RESPONDENTS 1-4 in W.P AND 1. Pedika Sumathi, W/o.Prakash Harijanapeta, Salur, Vizianagaram District. 2. Badangi Santhosh, W/o Suresh, Makkuva Mandal, Vizianagaram District. Babu, aged 33 years, R/o Pedda Parvathipuram Manyam district. previously Aged 32 years, R/o.Bantu Makkuva, ... respondents/petitioners - Integrated Tribal Development 3. The Project Officer, Vizianagaram District. Agency, 4. The Commissioner, Tribal Welfare Department, Directorate of Tribal Welfare Department D.NO.40-3/1-49-4A, Ward No. 13 Lakshmaiah Street, Moghalrajpuram, Vijayawada. 5. The Deputy Director. Koneru Education Tribal Welfare Department, Vizianagaram District, Andhra Pradesh 6. The Tahsildar, Makkuva Mandal, Vizianagaram District. ...RESPONDENTS/RESPONDENTS lA NO: 2 OF 207.? Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court suspend the operation of order, dated:14.07.2^3 made in N.P.No.15765 of 2023 and to pass such may be pleased to Counsel for the Petitioners: GP FOR SERVICES-III Counsel for the Respondent Nos.1 & 2: SRI THOTA S. V. L. NARASIMHASWAMY ^ Counsel for the Respondent Nos.3 to 5:GP FOR SERVICES Counsel for the Respondent No.6: GP FOR SERVICES-I ' The Court made the following: COMMON JUDGMENT II *4^ APHC010480112023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3526] MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT APPEAL NOs:948 and 949 of2023 WRIT APPEAL NO: 948/2023 Writ Appeal under clause 15 of the Letters Patent to allow the Writ Appeal by setting aside the order dated 24.07.2023 in W.P.No.18272 of 2023 and to pass Between: 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL EDUCATION DEPARTMENT, SCHOOL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. GUNTUR DISTRICT. 2.THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT. 3.THE DISTRICT SELECTION COMMITTEE DISTRICT. REP.BY CHAIRMAN/DISTRICT COLLECTOR. 4.THE DISTRICT EDUCATIONAL OFFICER DISTRICT. VIZIANAGARAM VIZIANAGARAM 1 > ...APPELLANT(S) AND 1.KR1SHNAM RAJU AMBATl, S/0 JAGGA RAO, AGED 42 YEARS, R/0 SANYASI RAJU PETA VILLAGE, SALUR MANYAM UNEMPLOYED, POANDMANDAL, PREVIOUSLY VIZIANAGARAM DISTRICT. DISTRICT, PARVATHIPURAM Contd... NJS,J & TRf^J Nos. 948 & 949 of 2023 2 2.THE PROJECT OFFICER, INTEGRATED TRIBAL AGENCY, VIZIANAGARAM DISTRICT. 3.THE DEVELOPMENT COMMISSIONER TRIBAL WELFARE L DIRECTORATE OF TRIBAL WELFARE DEPARTMENT 49-4A, WARD NO. 13, [ MOGHALRAJPURAM, VIJAYAWADA. DEPARTMENT, , D.NO.40-3/1- STREET, KONERU LAKSHMAIAH 4.THE DEPUTY DIRECTOR education tribal welfare DEPARTMENT, VIZIANAGARAM DISTRICT, ANDHRA PRADESH. 5.THE TAHSILDAR, SALUR MANDAL, VIZIANAGARAM DISTRICT. ...RESPONDENT(S): lA NO: 1 OF 209.3 Petition under Section 151 CPC . , praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court condone the delay ( 27 ) in presenting the Writ Appeal and may be pleased to pass lA NO: 2 OF 20?:^ 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 pieased to suspend the operation of order, dated.24.07.2023 made in W P No 18272 of 2023 and to pass Counsel for the Appellant(S): 1.GP FOR SERVICES III (AP) Counsel for the Respondent(S): 1.GP FOR SERVICES I 2.GP FOR SERVICES II 3.THOTA S V L NARASIMHASWAMY Contd... NJS,J & TRRJ W.A Nos.948 & 949 of 2023 3 WRIT APPEAL NO: 949/2023 Writ Appeal under clause 15 of the Letters Patent be pleased to allow the Appeal by setting aside the order dated 14.07.2023 in W.P.No.15765 of Writ 2023 and to pass such Between: ANDHRA PRADESH, REP. BY ITS PRINCIPAL EDUCATION 1.THE STATE OF SECRETARY, SECRETARIAT DISTRICT. DEPARTMENT, SCHOOL BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR 2 THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT. VIZIANAGARAM SELECTION COMMITTEE 3.THE DISTRICT DISTRICT. REP.BY CHAIRMAN/DISTRICT COLLECTOR. VIZIANAGARAM DISTRICT EDUCATIONAL OFFICER 4.THE DISTRICT ...APPELLANT(S) AND SUMATHI W/O.PRAKASH BABU, AGED 33 YEARS, R/0 PARVATHIPURAM MANYAM 1.PEDIKA PEDDA HARIJANAPETA, SALUR DISTRICT, PREVIOUSLY VIZIANAGARAM DISTRICT. AGED 32 YEARS, MAKKUVA MANDAL, VIZIANAGARAM SANTHOSH, W/0 SURESH, R/O.BANTU MAKKUVA, L DISTRICT. 3 jhe project officer, integrated tribal development AGENCY, VIZIANAGARAM DISTRICT. 2. BAD AN GI DEPARTMENT 4.THE COMMISSIONER, TRIBAL WELFARE DIRECTORATE OF TRIBAL WELFARE DEPARTMENT, D.NO.40-3/1- KONERU LAKSHMAIAH STREET, 49-4A, WARD N0.13, MOGHALRAJPURAM, VIJAYAWADA. TRIBAL EDUCATION DIRECTOR, 5.THE DEPUTY WELFARE,DEPARTMENT, VIZIANAGARAM DISTRICT, ANDHRA PRADESH 6.THE TAHSILDAR, MAKKUVA MANDAL, VIZIANAGARAM DISTRICT. ...RESPONDENT(S); - . Contd... NJS,J&TRR,J l/l'./A Nos.948 & 949 of 2023 4 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 to condone the delay 37 in presenting the Writ Appeal and pass such 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 to suspend the operation of order, dated:14.07.2023 made in N.P.No.15765 of 2023 and to pass such Counsel for the Appellant{S): 1.GP FOR SERVICES III (AP) Counsel for the Respondent(S): 1.GP FOR SERVICES I 2.GP FOR SERVICES II 3.THOTA S V L NARASIMHASWAMY The Court made the following Common Judgment: (persnjustice Ninaia jayasurya) These two appeals are preferred against the orders of the learned Single Judges in W.P Nos.18272 and 15765 of 2023 dated 24.07.2023 and 14.07.2023 respectively. The writ petitions are filed challenging the action of the official respondents in insisting the petitioners for submission of Agency Schedule Area certificate for selection to the post of Secondary Grade Teacher (Telugu language) in the schools which are being run by the Tribal Welfare Department in the agency areas of Vizianagaram District. The respondents/writ petitioners are selected to the said post, pursuant to the notification dated 26.10.2018. 2. The learned Single Judges allowed the said two writ petitions by following the orders in W.P Nos.23976, 23855 and 24270 of 2020 dated 08.07.2022, which were carried in appeal by the State vide W.A Nos.118 and 157 of 2023. 3. Contd... NJS,J & TRR,J l/V./\ Nos.948 & 949 of 2023 5 A Division Bench of this Court, after considering the matters in detail, dismissed the writ appeals by orders dated 31.01.2023, inter alia observing as follows: 4.' “...When the Presidential Order recognizes the State as a single unit for consideration of the status of Scheduled Tribes, the insistence on the part of the authorities for production of Nativity (Agency Area) Certificates in contravention of the Presidential Order is required to be treated as unauthorized and impermissible... ” Against the said orders, the State filed SLP (C) No.25213-25214 of 2023 and the Hon’ble Supreme Court vide order dated 07.04.2025, dismissed the Special Leave Petitions. 5. Thus, the orders in W.P Nos.23976, 23855 and 24270 of 2020 dated 08.07.2022 were upheld. It is also to be noted that, as seen from the latest instructions dated 06.07.2025 of the District Educational Officer, Vizianagaram addressed to the learned Government Pleader for Services, there are four (04) left over vacancies and it appears that only on the premise that the respondents/writ petitioners are not having local area ST certificate are not eligible for selection against the posts earmarked for ST Schedule Area posts, they are denied postings, which is not sustainable, in the light of the orders of the learned Division Bench, referred to supra. Be that as it may. 6. In the light of the orders dated 31.01.2023 passed in W.A Nos.118 and 157 of 2023 and for the reasons alike, these writ appeals fail and, accordingly, the same are dismissed. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. 7. Sd/- M RAMESH BABU DEPUTYiREGlS;Pf^AR //TRUE COPY// SECTION OFFICER To, S. V. L. Narasimhaswamy, Advocate [OPUC] ^— for Services-lll (AP) High Court of Andhra Pradesh 1. One CC to Sri Thota 2. Two CCs to GP [OUT] 3. Two CCs to 4. Two CCs to 5. Two CD Copies. GP for Services-1 High Court of Andhra Pradesh [OUT] GP for Services-ll, High Court of Andhra Pradesh [OUT] - ' ssb HIGH COURT DATED:14/07/2025 COMMON JUDGMENT WA Nos. 948 and 949 OF 2023 ^ 3 0 JUL 2025 m ^>sCurrent Sectio;iX'1^ DtSMISSING THE WRIT APPEALS WITHOUT COSTS