APHC010486272026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE 16th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26456/2026 Between: 1. MUTHYALA KUSUMA KUMARI, D/O M.G. GURULINGAM, AGED ABOUT 39 YEARS, OCC SCHOOL ASSISTANT (PE), GOVERNMENT TRIBAL WELFARE ASHRAM SCHOOL (GIRLS), TATIPARTHI, V. MADUGULA MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRADESH-531027 ERSTWHILE VISAKHAPATNAM DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TRIBAL WELFARE DEPARTMENT A.P. SECRETARIAT, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT -522238 2. THE DIRECTOR OF TRIBAL WELFARE, VIJAYAWADA, NTR DISTRICT, A.P. 520010 3. THE COLLECTOR AND DISTRICT MAGISTRATE, ALLURI SITARAMA RAJU DISTRICT, PADERU, A.P. -531024 4. THE DEPUTY DIRECTOR OF TRIBAL WELFARE, ITDA, PADERU, ALLURI SITARAMA RAJU DISTRICT, ANDHRA PRADESH - 531024 ...RESPONDENT(S): 2 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 a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the respondents 3 and 4 in not considering the case of petitioner for promotion to the post of Head Master - Grade II on par with others is illegal, arbitrary, unjust and violative of 14 and 16 of the Constitution of India and consequently direct the respondents to consider the case of petitioner for promotion to the post of Head Master Grade II w.e.f. 13-07-2026 on par with others before taking up the process of allotment of School Assistants/Head Masters to the newly formed Districts as per Presidential Order, 2025, and pass IA NO: 1 OF 2026 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 petitioner for promotion to the post of Head Master — Grade ll on par with others before taking up the process of allotment of School Assistants/Head Masters to the newly formed Districts as per Presidential Order, 2025, pending disposal of the above writ petition and pass IA NO: 2 OF 2026 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 2nd respondent to consider and dispose of the representation dated 31-08-2026 made by the petitioner forthwith before taking up the process of allotment of School Assistants/Head Masters to the newly formed Districts as per Presidential Order, 2025, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. KAVITHA GOTTIPATI Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.26456 of 2026 ORDER: The present Writ Petition is filed questioning the action of Respondent Nos.3 and 4 in not considering the case of the Petitioner for promotion to the post of Head Master, Grade-II on par with others, as illegal and arbitrary. 2. Heard Smt.Kavitha Gottipati, learned counsel for the petitioner and learned Assistant Government Pleader for Services–I. 3. The Petitioner was initially appointed as Physical Education Teacher (PET) on 10.12.2021. Vide G.O.Ms.No.1, dated 03.01.2024, the State Government issued permission for upgradation of 251 posts of Language Pandits and 60 posts of Physical Education Teachers (PETs) to the cadre of School Assistants in the Tribal Welfare Ashram High Schools, which were not having School Assistant posts in the Subjects of Telugu, Hindi and PETs, on par with the School Education Department and MA & UD Department. Subsequently, the post of the petitioner was upgraded as that of School Assistant (PE) on 11.03.2024, and she has completed more than two years of service in the said cadre. 4 4. Further promotion, as per the Rules, is to the post of Head Master, Grade-II. The qualification prescribed under the Andhra Pradesh Tribal Welfare Service Rules, framed under proviso to Article 309 of the Constitution of India, vide G.O.Ms.No.23, dated 01.04.2011, is that an individual should possess a Bachelor’s Degree in Arts / Science / Commerce or its equivalent and a B.Ed. Degree, or the General Educational Qualification of SSC with five years of further study to acquire a degree and professional qualification. The relevant Rule reads as under: No person shall be eligible for appointment to the post of Head Master Grade-II unless he possess Bachelors Degree in Arts / Degree or the General Educational Qualification of SSC and five years of Science / Commerce and its equivalent and B.Ed. Degree (or the Bachelors further study to acquire a degree and professional qualifications i.e. B.Ed./B.P.Ed./Pandit Training. 5. The petitioner possesses the qualifications of B.Tech and B.P.Ed., which satisfy the requisite qualifications prescribed under the Rules for promotion to the post of Head Master, Grade-II. At that stage, the Respondent No.4 addressed a letter dated 06.07.2026 to the Director of Tribal Welfare seeking clarification as to the eligibility of the qualification possessed by the petitioner for promotion to the post of Head Master, Grade-II (Gazetted). While the issue was pending before Respondent No.2, promotions were effected to the post of Head 5 Master, Grade-II, and one post of Head Master, Grade-II, was kept vacant as no further decision had been taken in the matter. 6. On the issue of equivalence, this Court, in C.C.No.1032 of 2019, pertaining to the very same Respondent held that B.Tech Degree is equivalent to a Bachelor’s Degree which satisfies the requisite qualification for promotion. The relevant portion of paragraph No.23 is extracted hereunder: 23. The G.O.Ms.No.45 (Social Welfare (TW.SER.I11/A1) Department) dated 28.06.2011 is very clear. The qualification possessed by the petitioner is also not in dispute. The petitioner had the Graduation Degree (B.Tech) with Maths as one of the subjects. B.Tech degree is also a Bachelor's Degree. The contention raised by the respondent that the Bachelor Degree, is normally understood as B.Sc.,/B.Com.,/ B.A., with three years course and B.Tech., degree is four years study course, is nothing but after thought and an effort to justify the act of seeking clarification from the Director of Tribal Welfare which is unexpected of the respondent who held the post of Dy. Director at that point of time and as per her letters seeking clarification, possess the educational qualification of M.A., LL.B. Besides, in the order of the writ Court it was clearly observed that, ".. ..finding prima facie the petitioner is meeting all the requirements of G.O.Ms.No.45, Social Welfare (TW.SER.III/A1) Dept., dated 28.06.2011…..". Nothing has been brought on record, contrary to such prima facie finding of the writ Court to justify seeking of clarification from the Director of Tribal Welfare as also for not considering the petitioner's case in accordance with the order of the writ court. The rejection after 17 (seventeen) months, holding the petitioner not 6 qualified as per G.O.Ms.No.45, is in clear defiance of the order of the writ court. The subsequent Memo dated 25.09.2022 of the Director, Tribal Welfare also clearly holds the petitioner fulfilling the qualification, but in spite thereof also, it was only after about 8 (eight) months that the petitioner was granted promotion. 7. In the light of the above, the Writ Petition is disposed of, with the following directions:- (i) Respondent Nos.2 and 3 shall consider the case of the petitioner for promotion to the post of Head Master, Grade-II, taking note of the observations of this Court in C.C.No.1032 of 2019, as extracted above, regarding the equivalence of the B.Tech Degree, and pass appropriate orders within a period of four weeks from today, before finalizing the allotments. (ii) No order as to costs. 8. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 16.09.2026 Pmk 7 170 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.26456 of 2026 Dated: 16.09.2026 Pmk