1 APHC010093762022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY ,THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 5774/2022 Between: Kamineni Vijaya ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KAVITHA GOTTIPATI Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: ORDER This petition is filed under Article 226 of the Constitution of India for the following relief:- “…pleased to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in issuing proceedings vide Rc.No.A1/49/2018 dt 30.12 2021 wherein promoting the unofficial respondent No.4 as School Assistant Telugu in spite he is not having requisite qualification is illegal, arbitrary and unjust and consequently set aside the same by directing the respondents to consider the case of petitioner for promotion as School Assistant Telugu in the existing vacancy i.e at Government Tribal 2 Welfare Ashramam High School, Ponnaluru Village and Mandal Prakasam District and pass…”. 2. The case of the petitioner in brief is that the petitioner was appointed as Language Pandit(Telugu) on 02.01.2013 and working as such in Government Tribal Welfare Ashramam High School, Garapenta Village, Pullalacheruvu Mandal, Prakasam District. The petitioner is fully eligible and qualified to get promotion as School Assistant(Telugu). The School Education Department has issued G.O.Ms.No.77, dated 30.10.2010 according sanction for upgradation of 10224 posts of language pandit, Grade-II as School Assistant (languages) for filling up of the posts by way of promotion. As per the above rule position, the persons who are having M.A(Telugu) are not eligible to hold the post of School Assistant (Telugu). But, surprisingly the 3rd respondent has promoted the 4th respondent who is having academic qualification of B.A(Social) and M.A(Telugu) vide proceedings in Rc.No.A1/49/2018, dated 30.12.2021 . In the promotion order, the 3rd respondent has referred G.O.Ms.No.45, Social Welfare Department, dated 28.06.2011. Aggrieved by the said proceedings of the 3rd respondent, dated 30.12.2021, the present Writ Petition has been filed. 3. Heard Smt Kavitha Gottipati, learned counsel for the petitioner and the learned Government Pleader for Services-II appearing for the respondents. 3 4. On hearing, learned counsel for the petitioner submits that though the 4th respondent has academic qualification of B.A(Social) and M.A(Telugu), the 3rd respondent vide proceedings in Rc.No.A1/49/2018, dated 30.12.2021 promoted the 4th respondent as School Assistant, which is illegal, arbitrary and violative of principles of natural justice. Hence, the learned counsel for the petitioner requests to pass appropriate orders. 5. Whereas, the learned Government Pleader basing on the averments made in the counter affidavit, submits that the representations submitted by the petitioner on 07.02.2022 and 21.03.2022 were disposed of vide Proceedings in Procgs.No.A1/189/2021, dated 23.03.2022 informing that the petitioner is not eligible to get promotion as School Assistant (Telugu) as there were 5 candidates over and above the petitioner who stands at S.No.26, 65, 66, 70 and 71. He further submits that as the 4th respondent stood at S.No.22, the 4th respondent was given promotion to the post of School Assistant(Telugu). 6. Considering the submissions of learned counsel for the petitioner and the learned Government Pleader for Services-II, in the considered opinion of this Court as the representations of the petitioner were rejected by the 3rd respondent vide proceedings, dated 23.03.2022, no cause survives in the present Writ Petition and it may be closed. 7. Accordingly, the Writ Petition is closed. However, liberty is given to the petitioner to challenge the proceedings issued by the 3rd respondent 4 vide Procgs.No.A1/189/2021, dated 23.03.2022, if she is so advised. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ________________________ DR. K. MANMADHA RAO, J. Date : 21.02.2025 TM