4APHC010083402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4537/2025 Between: 1. SHAIK SHAJAHAN, S/O LATE SHAIK SALEEM, AGED ABOUT 28 YEARS, OCC UNEMPLOYEE, R/O D.NO. 16B-10-49, TANGELLAMUDI VILLAGE LANKAPETA, 6TH STREET, ELURU, ELURU DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR OF SCHOOL EDUCATION, ANDHRA PRADESH, IBRAHIMPATNAM, VIJAYAWADA, N.T.R. DISTRICT. 3. THE DISTRICT EDUCATIONAL OFFICER, ERST WHILE WEST GODAVARI DISTRICT, ELURU. 4. THE DISTRICT EDUCATIONAL OFFICER, ELURU DISTRICT, ELURU. ...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 Pleased to issue a writ, order or direction more particularly one in the nature of a writ of mandamus, declaring the action of the respondents in not considering and disposing of the representations dated 230-03-2023 and 03-02-2025 made by the petitioner for selection and appointment as Secondary Grade Teacher (Urdu) as per his merit vide Notification No. 768/ 2 TRC-1/2018 dated 26-10-2018 in terms of orders passed by this Honble Court in WP No. 12963 and 21122 of 2019 dated 24-06-2022 is illegal, arbitrary, unjust, discriminatory and violative of the Article 14 of the Constitution of India and consequently direct the respondents to appoint the petitioner as Secondary Grade Teacher (Urdu) as per his merit in DSC-2018 and pass 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 and dispose of the representations dated 20-03-2023 and 03-02-2025 made by the petitioner forthwith, pending disposal of the main Writ Petition, and to pass Counsel for the Petitioner: 1. KAVITHA GOTTIPATI Counsel for the Respondent(S): 1. GP FOR SERVICES III The Court made the following: ::ORDER:: Heard Smt.Kavitha Gottipati, learned counsel for the petitioner and Sri Sarath, learned Assistant Government Pleader for Services-II appeared for the respondents. 2. The above writ petition is filed to declare in action on the part of the respondents in considering the representation dated 20.03.2023 and 03.02.2025 made by the petitioner for selection and appointment as Secondary Grade Teacher (Urdu) as per his merit, vide Notification No.768/TRC-1/2018, dated 26.10.2018 (Ex.P2) and in terms of orders passed in W.P.Nos.12963 and 21122 of 2019, dated 24.06.2022, as illegal and arbitrary. 3. The Government issued G.O.Ms.No.67 School Education (Exams) Department, dated 26.10.2018, framing certain rules, for teacher recruitment 3 posts. The 2nd respondent issued notification vide Notification No.768/TRC- 1/2018, dated 26.10.2018 (Ex.P2) calling for applications for the post of School Assistants (S.A.), Language Pandits (LPs), Physical Education Teachers (PETs), Music Teachers, Craft Teachers and Art & Drawing Teachers and TET-cum-TRT for the posts of Secondary Grade Teachers (SGTs). The petitioner applied for the post of Secondary Grade Teacher (Urdu). As per the notification, the qualification for the post of Secondary Grade Teacher is Intermediate and a two-year Diploma in Education (D.Ed.) or must possess a graduation with at least 50% marks and a Bachelor of Education (B.Ed.). Clause-ix of the notification prescribes, Language, Medium, and Study Qualification. The petitioner belongs to the West Godavari District. Fourteen vacancies were notified for Secondary Grade Teacher (Urdu). The department has prepared a list of provisionally selected candidates. Certain candidates have filed their objections by way of representation to the department. The 3rd respondent addressed a letter vide Lr.Rc.No.7859/ A1/2018, dated 30.08.2019 to the 2nd respondent to clarify in consideration of the second language of Urdu at Intermediate level and Urdu optional subject at B.A. level of the candidates. The 2nd respondent by endorsement dated 28.10.2019, directed the 3rd respondent to stop proceedings till further orders. 4. The petitioner got 44.5333 Marks and stood at Sl.No.17 in the merit list. The petitioner belongs to BC-E category. The personnel standing at Sl.No.4 do not have the requisite qualification prescribed under G.O.Ms.No.67 School Education (Exams) Department, dated 26.10.2018. The similarly situated persons filed W.P.No.21122 of 2019 and the same was disposed of by an order dated 24.06.2022. Later the appointment order was issued in favour of the petitioner in W.P.No.21122 of 2019. 5. The petitioner made representations dated 20.03.2023 and 03.02.2025 to the respondents and requested to consider his appointment as Secondary Grade Teacher (Urdu) as per his merit in terms of orders in W.P.No.21122 of 4 2019 dated 24.06.2022. However, no orders were passed on the representation. 6. At the hearing, learned counsel for the petitioner confined his arguments and urged to direct respondents 2 and 3 to pass appropriate orders on the representations made by the petitioner dated 20.03.2023 and 03.02.2025. 7. Learned Assistant Government Pleader for Services did not refute the submission made by learned counsel for the petitioner. 8. Indeed, directing the authorities to consider the representation is deprecated by the Hon’ble Apex Court in Government of India v. P.Venkatesh1. 9. However, given the facts and circumstances of the case, without going into the merits of the matter, this Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side, directing respondents 2 and 3 to consider the petitioner’s representations dated 20.03.2023 and 03.02.2025 and pass appropriate orders, strictly as per the Rules, as expeditiously as possible, preferably within three (03) months from the date of receipt of a copy of this order. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 20.02.2025 SNI 1 (2019) 8 SCALE 544 5 123 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4537 of 2025 Date: 20.02.2025 SNI