APHC010748492016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN WRIT PETITION NO: 9992/2016 Between: G. Kishore, ...PETITIONER AND The Commissioner Director School Education and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. POODATTU AMARENDER Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION (AP) 2 HBKM,J W.P.No.9992 of 2016 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition is filed questioning the rejection of the case of the petitioner for issuance of appointment/posting orders inspite of his selection to the post of Post Graduate Teacher vide proceedings dated 22.12.2014 of the 2nd respondent and the proceedings under C.No.261/B1/APMS/2014 dated 16.11.2015 of the 1st respondent. 3. The learned counsel for the petitioner submits that the petitioner got the qualification of Post Graduation in Masters of Financial Management (MFM), which was re-designated as M.Com Finance by the Pondicherry University. Prior to it, the petitioner also possessed B.Com and B.E.D at Graduation Level and as such he sought for appointment to the post of Post Graduate Teacher. The 1st respondent issued the notification dated 06.02.2012 for recruitment to the post of Principals, Post Graduate and Trained Graduate Teachers for Model Schools. The petitioner applied for the post of Post Graduate Teacher (Commerce) through online, which was made available between 29.02.2012 to 16.03.2012. As per the said notification the written test was held, in which he participated according to Para No.12 of the above said notification and the qualifications for the post of PGT are as under: 3 HBKM,J W.P.No.9992 of 2016 PGT: Qualifications & Experience: A. Academic Qualifications i). Two year Integrated Post Graduate Course from Regional Institute of Education of NCERT in the concerned subject; or Master's Degree from UGC recognized University with at least 50% marks in aggregate in the following subjects: a. PGT (English)-English b. PGT (Telugu)- Telugu. c. PGT (Maths)-Mathematics/Applied Mathematics d. PGT (Physics)-Physics/Electronics/Applied Physics/Nuclear Physics e. PGT (Chemistry) - Chemistry with specialization in Inorganic/Organic/Physical Chemistry f. PGT (Botany) - Botany/Life Sciences/ Bio Sciences/Genetics/ Micro- Biology/Bio-Technology/Molecular Bio/Plant Physiology provided they have studied Botany and Zoology at Graduation level. g. PGT (Zoology)--Zoology Life Sciences/ Bio Sciences/Genetics/ Micro- Biology/Bio-Technology/Molecular Bio/Plant Physiology provided they have studied Botany at Graduation level. h. PGT (History)-History i. PGT (Geography) - Geography j. PGT (Commerce) - Commerce with Accountancy/Cost Accounting/Financial Accountancy as a major subject of study. Holders of M.Com in Applied/Business Economics are not eligible. k. PGT (Economics) - Economics/Applied Economics/Business Economics. I. PGT(Civics)- Political Science ii). B.Ed or equivalent degree with methodology in the concerned subject from UGC recognized University. iii). Must have studied in English Medium at any two levels of School/Junior College / Degree College/ Post Graduation except for the post of PGT (Telugu). 4 HBKM,J W.P.No.9992 of 2016 B. Desirable: Knowledge of computer applications NOTE: In case of PGT (Commerce) if the candidates with B.Ed are not available M.Com candidates can be recruited. The incumbent will have to acquire B.Ed or equivalent degree from recognized University within a period of 2 years with his/her own cost. 4. Consequently, he participated in the selection process with Hall Ticket bearing No.41032000024. The result of the selection process was announced for the post of PGT (Commerce) after completion of Phase II selections and the petitioner’s name was found in the list of selected candidates. 5. Thereafter, the certificate verification was also held for the post of PGT Commerce. The petitioner also gave option for posting at Bandi Atmakur, Nandyal, Kurnool District. Then he was instructed to attend the office of the 3rd respondent for collecting the appointment order. When the petitioner approached the respondents they have not issued the appointment orders on the ground that the petitioner is not having the qualification of Master of Financial Analysis. Hence the respondents instructed the petitioner to obtain the equivalent certificate from the Pondicherry University. Then the said university gave certificate dated 07.11.2014 stating that the nomenclature of Master of Financial Management was changed as Master of Commerce and Finance (M. Com Finance) in the year 2006-2007 as per the directions of UGC. The scheme and syllabus are same for both the courses. The student having degree of Master of Financial Management deserves the same status of M.Com (Finance) students of the Directorate of Distance Education, Pondicherry University. Relying upon this certificate, the learned counsel for 5 HBKM,J W.P.No.9992 of 2016 the petitioner submits that the petitioner is required to be considered for the above said post. 6. He also refers to the Circular No.233/RMSA/Model Schools/2012 issued by the 1st respondent, which deals with the added qualifications for the recruitment of Post Graduate Teachers for various subjects. For the post of PGT (Commerce), the Commerce with Accountancy/Cost Accounting/Financial Accountancy as a major subject of study in M.F.A course (Master of Financial Analysis) is required with B.Com in Graduation Level. 7. On the other hand, the learned Assistant Government Pleader relying upon the counter of the respondents and the instructions of the 3rd respondent dated 29.12.2024 submits that the certificate verification was done through online and the petitioner showed his qualification as M.Com, which met with the prescribed qualification for PGT (Commerce) and as such his name was included in the selected candidates list and as per his options he has been directed to approach the 3rd respondent for collecting appointment order. But the 3rd respondent upon verification of the certificates of the petitioner found that the petitioner has got the qualification of “Master of Financial Management (MFM)”, but not the “Master of Financial Analysis” qualification as per the requirement under the above said notification and the Circular of the 1st respondent. Hence the offer of appointment for the post of PGT (Commerce) could not be given to the petitioner. Then the petitioner submitted representation to the 3rd respondent for consideration, but the 3rd respondent 6 HBKM,J W.P.No.9992 of 2016 gave the impugned endorsement dated 22.12.2014 mentioning the reasons why he could not be considered for the post of PGT Commerce as his qualification is not matching with the prescribed qualification. Then he approached the 1st respondent also for favorable consideration. But the same could not be considered on the very same ground vide proceedings dated 16.11.2015. Hence the same are assailed in this writ petition. 8. In view of the above said facts and circumstances and upon consideration of the rival submissions made, it is obvious that the prescribed qualification for the post of PGT (Commerce) is the Commerce with Accountancy/Cost Accounting/Financial Accountancy as a major subject of study. It specifically mentions that M.Com in Applied/Business Economics are not eligible even as per the above said notification and the note mentioned therein in the case of PGT (Commerce). If the candidates with B.Ed candidates are not available, M.Com candidates can be recruited and the incumbent will have to acquire B.Ed or equivalent degree from the recognized University within a period of two (2) years with his/her own cost. 9. There is no dispute with regard to the qualification possessed by the petitioner i.e., the Master of Financial Management (MFM), which is re-designated as M.Com Finance in the year 2006-2007. Even as per the certificate issued by the Pondicherry University, Directorate of Distance Education dated 07.11.2014, the Master of Financial Management (MFM) course can be treated as equal to M.Com Finance Course. But as per the 7 HBKM,J W.P.No.9992 of 2016 above said subject notification and the certificate dealing with the additional qualifications prescribed, the Master of Financial Analysis (MFA) dealing with Commerce with Accountancy/Cost Accounting/Finance Accountancy as major subject of study is required, as a prescribed qualification for the above said post of PGT (Commerce). Since the petitioner does not possess the MFA qualification, the respondents rejected the offer of appointment for the above said post as there is a clear distinction between the Master of Financial Management and the Master of Financial Analysis. In the matters of prescribing educational qualifications for any purposes much specifically for the employment towards eligibility it is for the respondent authorities concerned to set the same by specifying the subjects of study if any, for such particular post. When the post is prescribed with such required subjects and qualifications it is not desirable for the Courts to tinker the same in any manner. Even according to the settled principles of law, the constitutional Courts shown the self-restrained approach in these academic matters leaving it open for the academicians and the authorities concerned to prescribe the same. That apart the learned Assistant Government Pleader appearing for the respondents further submitted that the said vacancies were filled under the above said notification and leftover vacancies if any, they were carried forward to the future recruitment and as such, there is no vacancy under the above said notification for the post of PGT (Commerce). 10. For the foregoing reasons, this Court is not inclined to interfere with the impugned proceedings of the respondents as they have rightly rejected the 8 HBKM,J W.P.No.9992 of 2016 claim of the petitioner for the above said post on the ground of lack of prescribed qualification, which was a justifiable action and this Court cannot show any indulgence in respect of the action and decision taken by the respondents. 11. Hence, this Writ Petition is dismissed. Interim order if any deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 24.02.2025 PGT