APHC010164692026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 8433/2026 Between: 1. AREPALLI PRAKASA RAO, S/O PULLAIAH AGE 48 YEARS OCC- SECONDARY GRADE TEACHER, SUB - TELUGU, MPPS, NAWABUPET VILLAGE, PENUGANCHIPROLU (M), H-NO- 5-218/A, MUKKAPATI NAGAR, WATER TANK BAZAR NANDIGAMMA, NTR DISTRICT-521185. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI.- 522020 2. THE COMMISSIONER SCHOOL EDUCATION, VIDYA BHAVAN,ATMAKUR VILLAGE, AMARAVATHI.-522020 3. THE DISTRICT EDUCATIONAL OFFICER, KRISHNA DISTRICT, MACHILIPATNAM- 521001 ...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 topleased to issue an order or a direction or a writ particularly a writ of mandamus declaring the action of the respondents in preparing the seniority List of SGTs in the year 2026 for effecting promotion to School Assistant in Krishna District without following the provisions of Right to Education Act and 2 also the Judgement of Supreme Court in Civil Appeal No 1385/2025 decided on 01-09-2025 and without considering passing of TET examination as Prerequisite for promotion is as illegal, arbitrary, violation of Article 21,and 21A of the Constitution of India and Consequently direct the respondents to consider the case of the petitioner promotion to School Assistant taking into Consideration of his passing the TET examination and also provision of Right to Education Act and also the judgement rendered by the Hon'ble Supreme Court in Civil Appeal NO 1385/2025 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 not to effect the promotion until revising the seniority list on the basis TET Examination, 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 respondents to take action on the objections raised by the petitioner on 20-3-2026 and pass Counsel for the Petitioner: 1. DEVAKUMAR SALIKITI Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.8433 OF 2026 ORDER: The writ petition is filed challenging the action of respondents in preparing the seniority list of SGTs in the year 2026 for effecting promotions to the post of School Assistant in Krishna District, without following the provisions of Right to Education Act and also the observations made by the Hon’ble Supreme Court in Civil Appeal No.1385 of 2025 in Anjuman Ishaat- E-Taleem Trust v. The State of Maharashtra and others. 2. Heard learned counsel for petitioner and learned Government Pleader for respondents. 3. The grievance of the petitioner is that the respondents have not adhered to the Rules and also the observations of the Hon’ble Apex Court in Civil Appeal No.1385 of 2025, while preparing the impugned tentative seniority list. In fact, the said issue has fallen for consideration before the Hon’ble Apex Court and Hon’ble Apex Court held as follows: “…216. Bearing in mind their predicament, we invoke our powers under Article 142 of the Constitution of India and direct that those teachers who have less than five years' service left, as on date, may continue in service till they attain the age of superannuation without qualifying the TET. However, we make it clear that if any such teacher (having less than five years' service left) aspires for promotion, he will not be considered eligible without he/she having qualified the TET. 217. Insofar as in-service teachers recruited prior to enactment of the RTE Act and having more than 5 years to retire on 4 superannuation are concerned, they shall be under an obligation to qualify the TET within 2 years from date in order to continue in service. If any of such teachers fail to qualify the TET within the time that we have allowed, they shall have to quit service. They may be compulsorily retired; and paid whatever terminal benefits they are entitled to. We add a rider that to qualify for the terminal benefits, such teachers must have put in the qualifying period of service, in accordance with the rules. If any teacher has not put in the qualifying service and there is some deficiency, his/her case may be considered by the appropriate department in the Government upon a representation being made by him/her…” 4. But surprisingly, the respondents have prepared the tentative impugned seniority list without considering the aforesaid observations and they have prepared solely based on the length of service. 5. By noticing the same, the petitioner has submitted his objections on 20.03.2026. Without considering the said objections, the respondents are proceeding with finalization of the seniority list. Hence, the present writ petition is filed. 6. The learned Government Pleader appearing on behalf of the respondents has submitted that the writ petition itself is premature, as the respondents have prepared the tentative seniority list based on the length of service, and they would finalize the seniority based on the objections and also by following the observations made by the Hon’ble Apex Court referred supra. 7. Considering the submissions, the present Writ Petition is disposed of directing the respondents, more particularly respondent No.3, to consider the objections filed by the petitioner in terms of the observations made by the 5 Hon’ble Apex Court in judgment referred supra, while preparing the final seniority list. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE D.RAMESH Date: 01.04.2026 KBN 6 57 THE HON’BLE SRI JUSTICE D.RAMESH WRIT PETITION No.8433 of 2026 Date: 01.04.2026 KBN