APHC010509382025 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: 26335/2025 Between: 1. PALA KRISHNA, GH ...PETITIONER AND 1. THE DISTRICT EDUCATION OFFICER / CONVENOR, gh ...RESPONDENT 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 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 Counsel for the Petitioner: 1. POODATTU AMARENDER Counsel for the Respondent: 1. GP FOR SERVICES II 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26335/2025 The Court made the following Order: In the present Writ Petition, the petitioner is questioning the action of the respondents in withholding the petitioner’s appointment as School Assistant (Physical Education) under Mega DSC-2025 as illegal and arbitrary. 2. The petitioner is working as a part time instructor in Sarva Siksha Abhyan program, Eluru, on honorarium basis which is temporary on hourly basis. The petitioner had obtained B.P.Ed from Adikavi Nannaya University, Rajamahendravaram on regular studies. In the examination conducted pursuant to the DSC notification, 2025, the petitioner had secured 75 marks with 81 rank. Thereafter, he was called for certificate verification on 28.08.2025 and in the certificate verification, he had submitted all the documents required. Thereupon, the petitioner’s appointment was withheld on the basis of a complaint said to have been made against his qualifications. Hence, the present Writ Petition. 3. Sri G. Rama Chandra Rao, learned Government Pleader would submit that the reason for withholding the further process of the petitioner was that the petitioner, while working as an part time instructor in Sarva Siksha Abhyan program, Eluru, had studied the B.P.Ed course without obtaining necessary permission from the Appointing Authority and therefore, the 3 candidature of the petitioner for appointment to the post of School Assistant (Physical Education) in DSC-2025 was rejected. 4. Having heard the respective counsel, there is no dispute to the fact that the Petitioner secured a B.P.Ed qualification from Adikavi Nannaya University 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 on account of not obtaining a 'No Objection Certificate' from the Sarva Siksha Abhyan program where he was working on temporary basis may not be a serious disqualification. 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. 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 (Physical Education) in the light of her qualifications and marks secured in the DSC examination, 2025. (ii) There shall be no order as to costs. As a sequel, miscellaneous applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 25.09.2025 MSI 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26335/2025 Date: 25.09.2025 MSI