APHC010509352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26760/2025 Between: 1. PALA LAKSHMI PRAVALLIKA, , D/O. PNV SATYANARAYANA, AGED ABOUT 35 YEARS, UNEMPLOYEE, R/O. H. NO 14-73, SAKINETIPALLI VARI STREET, VEERAVASARAM, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE DISTRICT EDUCATION OFFICER / CONVENOR, DISTRICT SELECTION COMMITTEE-2025, WEST GODAVARI DISTRICT. 2. THE DISTRICT COLLECTOR / CHAIRMAN, DSC-2025, WEST GODAVARI DISTRICT. 3. THE DIRECTOR OF SCHOOL EDUCATION, A.P., VIJAYAWADA, KRISHNA DISTRICT. 4. THE STATE OF A P, REP., BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. ...RESPONDENT(S): 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 an appropriate writ, order or direction more 2 particularly one in the nature of Writ of Mandamus to declare the action of the Respondents in not including the name of the Petitioner in the final selection list of School Assistants (NL) -Physical Education Teachers in DSC-2025, West Godavari District, in spite of her merit in the selection process as illegal, arbitrary, discriminatory and violative of Articles 14, 16 AND 21 of the Constitution of India and consequently, direct the Respondents to include the name of the Petitioner in the final selection list of School Assistants (NL) - Physical Education Teacher in DSC-2025, West Godavari District, strictly as per her merit in the selection process and consider her case for appointment to the post of School Assistant (PE) on par with others and to pass such other order. IA 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 consider the case of the Petitioner for inclusion of her name in the final selection list of School Assistants (NL) - Physical Education Teachers in DSC- 2025, West Godavari District, strictly as per her merit, in the selection process and consider her case for appointment to the post of School Assistant (PE) on par with others pending disposal of the above writ petition and to pass such other order. Counsel for the Petitioner: 1. POODATTU AMARENDER Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 3 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.26760 of 2025 ORDER: 1. In the present Writ Petition, the Petitioner is questioning the action of the Respondents in not including the name of the Petitioner in the final selection list of School Assistants (NL) – Physical Education Teachers in DSC-2025, West Godavari District, in spite of her merit in the selection process, as illegal and arbitrary. 2. The brief facts are as follows; 3. The Petitioner belongs to BC-B community, she studied M.Sc., (Zoology), M. Ed., and also obtained B.P.Ed., Training Certificate and she is eligible for appointment to the post of School Assistant (Science) as also School Assistant (Physical Education). While so, Respondent No.3 issued a Notification No.01/Mega DSC-TRC-1/2025, dated 20.04.2025 for recruitment to the various posts. It is stated that the Petitioner applied for the posts of School Assistant (Biological Science) and School Assistant Physical Education (PE) on 28.04.2025, secured 65 marks with 259th rank and she is within the zone of consideration for appointment to the said posts. 4. While so, it is stated that on 08.09.2025, the D.E.O. West Godavari informed the Petitioner over telephone that one Guttala Bimba Vani made 4 a representation to them alleging that the Petitioner had obtained B.P. Ed., Training Certificate, while she was doing Government job, and requested to treat the said certificate as fake and to stop further selection process. 5. Further, it is stated that on 09.09.2025 the Petitioner made a representation to Respondent No.1 stating that she worked as Guest Faculty in MJP AP BCW, Residential School, Neggipudi as part-time and she rendered regular B.P. Ed., Course during the years 2021 to 2023 in DNR College of Physical Education, Bheemavaram, however, the Respondents are not considering her case for appointment to the said posts. Hence, the present Writ Petition came to be filed. 6. Sri G. Ramachandra Rao, learned Government Pleader would submit that the reason for withholding the further process of the Petitioner was that the Petitioner, while working as Guest Faculty had studied B.P. Ed., Course without obtaining necessary permission from the appointing authority and therefore, the candidature of the Petitioner for appointment to the Post of School Assistant (Physical Education) in DSC-2025 was rejected. 7. Having heard the respective counsel, there is no dispute to the fact that the Petitioner secured a B.P. Ed., qualification from Sri Adikavi Nannaya University, Rajamahendravaram and is entitled to be appointed 5 on the score that she has obtained in the DSC Examinations, 2025. The rejection of the candidature of the Petitioner on account of not obtaining a ‘No Objection Certificate’ from the MJP AP BCW, Residential School, Neggipudi, where she was working as ‘Guest Faculty’ may not be a serious disqualification. 8. Therefore, this Court is of the opinion that as long as the Petitioner has the requisite qualification for being appointed as School Assistant as per the DSC Notification, 2025, the candidature of the Petitioner cannot be rejected. 9. Hence, the present Writ Petition is disposed of with the following directions; (i) The Respondent Authorities are directed to consider the case of the Petitioner for recruitment to the post of School Assistant (Science) and School Assistant (Physical Education) in the light of her qualifications and marks secured in the D.S.C. Examinations, 2025. (ii) No order as to costs. As a sequel, miscellaneous applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 25.09.2025 IS 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26760 of 2025 Dt. 25.09.2025 IS