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2025 DAILYLAW 32883 (AP)

MADA SREEKANTH ROYAL v. THE STATE OF AP

WP/24858/2025 · 2025-09-15

Nyapathy Vijay

body2025

Judgment text

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¥ APHC010487462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24858 OF 2025 Between: Mada Sreekanth Royal, S/o M Rathnam, aged about 28 years, R/at 102/85, Utukur, Baynapalli, Chintha Kommadinne, Kadapa District, Andhra Pradesh - 516003 ...Petitioner AND 1. The State Of Andhra Pradesh, Rep. by its Principal Secretary, Department of School Education, Secretariat, Velagapudi, Amaravati, Andhra Pradesh. 2. The Commissioner of School Education, Andhra Pradesh, Ibrahimpatnam, Vijayawada, Andhra Pradesh. 3. The District Educational, Officer, YSR Kadapa District, Kadapa, Andhra Pradesh. 4. The District Selection, Committee, Mega DSC - 2025, Rep. by its Convenor, Department of School Education, Andhra Pradesh. ...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 a Writ Order or direction particularly, one in the nature of writ of Mandamus declaring the action of the respondent authorities withholding % the Petitioner's appointment as School Assistant (Physical Education)/Physical Education Teacher under Mega DSC- 2025 without assigning any reason orally is as illegal, arbitrary, and contrary to the NCTE Regulations, 2014 and also in violation of Articles 14, 16, and 21 of the Constitution of India and consequently direct the authorities to consider the case of the petitioner for the post of School Assistant (Physical Education)/Physical Education Teacher under Mega DSC-2025 with reference to the temporary appointment. 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 direct the respondents to permit the petition to participate in the DSC selection process without reference to his temporary employment pending disposal of the above writ petition. Counsel for the Petitioner: SRI JADA SRAVAN KUMAR Counsel for the Respondent Nos.1 to 4: GP FOR SCHOOL EDUCATION The Court made the following order: A APHC010487462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24858 of 2025 Between: 1.MADA SREEKANTH ROYAL, S/0 M RATHNAM, AGED ABOUT 28 YEARS, R/AT 102/85, UTUKUR, BAYNAPALLI, CHINTHA KOMMADINNE, KADAPA DISTRICT, ANDHRA PRADESH - 516003 ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, OF SCHOOL EDUCATION, SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. 2.THE COMMISSIONER OF SCHOOL EDUCATION, PRADESH, IBRAHIMPATNAM, VIJAYAWADA, ANDHRA PRADESH. 3.THE DISTRICT EDUCATIONAL, OFFICER, YSR KADAPA DISTRICT, KADAPA, ANDHRA PRADESH. 4.THE DISTRICT SELECTION, COMMITTEE, MEGA DSC - 2025, REP BY ITS CONVENOR, DEPARTMENT OF SCHOOL EDUCATION ANDHRA PRADESH. DEPARTMENT ANDHRA ...RESPONDENT(S): Counselfor the Petitioner: 1. JADASRAVANKUMAR Counsel for the Respondent(S): 1.GP FOR SCHOOL EDUCATION THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24858 of 2025 ORDER:- This Writ Petition is filed questioning the action of the Respondent Authorities in withholding the Petitioner’s appointment as School Assistant (Physical Education) Physical Education Teacher under Mega DSC-2025 without assigning any reason as illegal and arbitrary. 2. The Petitioner is a qualified candidate with Candidate ID MDSC0157948 and he belongs to OC (EWS) Category. The Petitioner had possessed B.P.Ed in physical education with valid recognition under NCTE Regulations, 2014. During the period of pursing B.P.Ed, the Petitioner working as temporary employee of the Grama Secretariat. The Petitioner applied for the post of School Assistant (Physical Education) and he appeared for the written examination. The Petitioner had secured final was exam score-82, normalized exam score-82); Physical Director - School- Zone-4 (Final exam score - 73.5, normalized exam score-73.5); Physical Education Teacher Zone-4 (Final exam score- 83.5, normalized exam score-83.5) and his name is shown in the qualified list. Thereafter, he was called for certificate verification at Kadapa and in the certificate verification, he had submitted all the documents required. Thereupon, the Respondents raised no objection and provisionally confirmed his selection. Despite this, the appointment order of the Petitioner was withheld on the ground that he was an outsourcing employee during study period of B.P.Ed. Hence, the I present Writ Petition came to be filed. 3. Learned Government Pleader would submit that withholding the further process of the Petitioner the reason for was that the Petitioner, while working as an outsourcing employee at Grama Secretariat, had Studied the B.P.Ed course without obtaining necessary permission from the of the Petitioner for appointment to the Post of School Assistant (Physical Education) in DSC- 2025 was rejected. Appointing Authority and therefore, the candidature 4. Having heard the respective counsel, there is no dispute to the fact that the Petitioner secured a B.P.Ed qualification and is entitled to be appointed on the score that he has obtained in the DSC Examinations, 2025. The rejection of the candidature of the Petitioner obtaining a ‘No Objection Certificate’ from the he was working on account of not appointing authority, where an outsourcing basis may not be disqualification. Therefore, this Court is of the opinion that as long as the Petitioner has the requisite qualification for being on a serious appointed as School Assistant as per the DSC Notification, 2025, the candidature of the Petitioner cannot be rejected. Hence, the present Writ Petition is disposed of with the following directions: (i) The Respondent Authorities are directed to consider the the Petitioner for recruitment to the post of School Assistant Education) in the light of her qualifications and marks examination, 2025. case of (Physical secured in the DSC % (ii) There shall be no order as to costs. As a sequel, miscellaneous applications, if any, shall stand closed. Sd/- K. TATA RAO deputy registrar //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Department of School Education, Secretariat, Velagapudi, Amaravati, Andhra Pradesh. 2. The Commissioner of School Education, Andhra Pradesh, Ibrahimpatnam, Vijayawada, Andhra Pradesh. 3. The District Educational, Officer, YSR Kadapa District, Kadapa, Andhra Pradesh. 4. The Convenor, District Selection, Committee, Mega DSC - 2025, Department of School Education, Andhra Pradesh. 5. One CC to Sri. Jada Sravan Kumar, Advocate [OPUC] 6. Two CCs to GP For School Education, High Court of Andhra Pradesh [OUT] 7. Two CD Copies. AL HIGH COURT CC TODAY DATED: 16/09/2025 ORDER WP NO. 24858 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS