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2025 DAILYLAW 32952 (AP)

THE STATE OF ANDHRA PRADESH v. KUMARI A VARSHA

WA/1012/2025 · 2025-09-15

A Hari Haranadha Sarma, Battu Devanand

body2025

Judgment text

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I APHC010489232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL NO: 1012 OF 2025 Writ Appeal under Clause 15 of the Letters Patent preferred against order dated 30.08.2025 in W.P.No.22950/2025 on the file of the High Court. Between: 1. The State of Andhra Pradesh, Rep by its Principal Secretary, School Education Department, A.P.Secretariat, Velagapudi, Amaravati, Guntur District. 2. Director of School Education, Government of Andhra Pradesh D No 398/3 Vidhya Bhavan Venkatadri Towers Atmakur Village Mangalagiri Guntur District 3. Convener DSC Teachers Recruitment Government of AP, D No 398/3 Vidhya Bhavan Venktadri Towers Atmakur Village Mangalagiri Guntur District ...Petitioners AND Kumari A Varsha, D/o A Ravi Kumar Reddy, Aged 24 years, R/o Chokkandlapalle, Ramasamudram Mandal, Annamayya District, Erstwhile Chittoor District. ...Respondent I 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 suspend the interim orders passed in W.P.No.22950/2025, dated 30.08.2025 pending disposal of the above writ appeal in the interest of justice. i Counsel for the Petitioners: GP FOR SCHOOL EDUCATION Counsel for the Respondent: SRI C SRINIVASA BABA The Court made the following order: i 1 APHC010489232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL NO: 1012/2025 Writ Appeal under clause 15 of the Letters Patent to set aside the interim orders passed by the learned single judge in W.P.No.22950/2025, dated 30.08.2025 by allowing the present writ appeal in the interest of justice and pass Between: 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY SCHOOL EDUCATION DEPARTMENT A P SECRETARIAT VELAGAPUDI AMARAVATI GUNTUR DISTRICT 2.DIRECTOR OF SCHOOL EDUCATION, GOVERNMENT OF ANDHRA PRADESH D NO 398/3 VIDHYA BHAVAN VENKATADRI TOWERS ATMAKUR VILLAGE MANGALAGIRI GUNTUR DISTRICT 3.CONVENER DSC TEACHERS RECRUITMENT GOVERNMENT OF AP, D NO 398/3 VIDHYA BHAVAN VENKTADRI TOWERS ATMAKUR VILLAGE MANGALAGIRI GUNTUR DISTRICT ...APPELLANT(S) AND 1.KUMARI A VARSHA, D/o A Ravi Kumar Reddy Aged 24 years R/o District Chokkandlapalle Ramasamudram Mandal Annamayya Erstwhile Chittoor District ...RESPONDENT 2 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 pleased to suspend the interim orders passed 30.08.2025 pending disposal of the above and pass in W.P.No.22950/2025. dated writ appeal in the interest of justice Counsel for the Appellant(S): 1.GP FOR SCHOOL EDUCATION Counsel for the Respondent: 1.C SRINIVASA BABA The Court made the following: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL No.1012 of 2025 JUDGMENT:fPer Hon’b/e Sri Justice Battu Devanand) This Writ Appeal is filed aggrieved by the interim order, dated 30.08.2025 passed by the learned Single Judge of this Court in W.P.No.22950 of 2025. Heard Sri Srinivas Dammalapati, learned Advocate General for 2. the State of Andhra Pradesh appearing for the appellants and Sri C.Srinivas Baba, learned counsel for the respondent. Perused the material available on record. The facts leading to fifing of this Appeal are herein under:- 3. The Respondent herein/writ petitioner had appeared for Teachers Eligibility Test (TET) conducted by Respondent No.2 - Director of School Education and secured 113.4 marks out of 150. Respondent also appeared for the post of Secondary Grade Teacher (SGT) vide Notification No.01/Mega th Rank. However, the DSC-TRC-1/2025, dated 20.04.2025 and secured 897 respondent could not produce the EWS certificate on a bonafide mistake and later approached the appellant authorities to consider the EWS certificate and 4 her case for appointment under the said quota. As the request of the respondent herein was not considered, she approached this Court by filing W.P.No.22950 of 2025. At the stage of admission, after hearing both sides, the learned Single Judge of this Court opinied that as long as the certificates issued in favour of the respondent stating that the respondent hails from EWS are genuine and undoubted, the case of the petitioner should be considered under the said category. Accordingly, the learned Single Judge of this Court passed an interim order, dated 30.08.2025, to consider the EWS certificate of the respondent and to consider her case under the said category. Aggrieved by the said order, the present Writ Appeal is filed. Learned Advocate General would submit that in the DSC 4. application itself, the respondent failed to mention that she belongs to EWS category and the EWS certificate was also not uploaded. Further, the learned Advocate General brought the attention of this Court to the Instruction No.25 of the Notification, dated 20.04.2025, wherein it is clearly provided that the candidate must personally complete all sections of the application form and thoroughly review the information before submission. Candidates have opportunity to make corrections before final submission and fee payment through payment gateway. No option to edit the form will be provided after submission. The candidate will be solely responsible for the accuracy of the information provided. Accordingly candidates are strongly advised to exercise utmost caution when selecting their preferences for posts and managements. 5 On perusal of the personal details of the Respondent in the application form submitted through online it is mentioned therein that the respondent belongs to OC category and she is not eligible for EWS category. Infact, if it happened by mistake she could make correction before final submission of the application and fee payment. But, as per the learned counsel for the respondent, she made representation to the concerned authorities after declaration of the result. As such, when the selection process is at the final stage, the respondent cannot raise such contentions. 5. No doubt, we are agreeing with the opinion of the learned Single Judge that as long as the EWS certificate issued in favour of the respondent is subsisting, she is entitled for consideration under the said category. But, in the present case, the respondent failed to submit that certificate while making application. As such, she is not entitled for such benefit to be extended under 6. the EWS category at present. In view of the above, in our considered view, it is appropriate and 7. reasonable to set aside the interim order, dated 30.08.2025 in W.P.No.22950 of 2025 passed by the learned Single Judge. Accordingly, the interim order of the learned Single Judge, dated 30.08.2025 in W.P.No.22950 of 2025 is hereby set aside. It is needless to mention that the learned Single Judge has to dispose of the Writ Petition uninfluenced by any of the observations made in this order. 8. With the above directions, the Writ Appeal is allowed. 9. 6 There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- E. KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. Two CCs to GP for School Education, High Court of Andhra Pradesh [OUT] 2. One CC to Sri C Srinivasa Baba, Advocate [OPUC] 3. Two CD Copies RAM n HIGH COURT DATED:16/09/2025 ORDER WA.NO. 1012 OF 2025 ALLOWING THE WRIT APPEAL WITHOUT COSTS