Pathuri Uma Maheshwar Reddy, ... vs The State Of Ap., School Education ...

          THE HON'BLE SRI JUSTICE SANJAY KUMAR
                           AND
           THE HON'BLE SRI JUSTICE N.BALAYOGI

     WRIT PETITION NOs.18683 OF 2009, 17340 OF 2013
                   AND 25683 OF 2015

                       COMMON ORDER
                      (Per Sri Justice Sanjay Kumar)

      These three writ petitions are amenable to disposal by way of

this common order.

      Grievance for the petitioners to approach this Court was the

action of the authorities in reserving 30% of the posts in the cadre

of   Secondary    Grade    Teachers      for   candidates   with    D.Ed.

qualification, by adding a proviso to Rule 7 of the Rules

promulgated      under        G.O.Ms.No.161,       Education       (Ser-VI)

Department, dated 06.12.2008.

      The case of the petitioners was that this modification was

made to the Rules after commencement of the DSC-2008 selection

process pursuant to the notification dated 06.12.2008. Challenge

was accordingly made to the aforestated amendment to the Rules

and a consequential direction was sought to the respondent

authorities to complete the selection process of DSC-2008 in

accordance with the notification dated 06.12.2008. Challenge was

also made by the petitioners to the judgment dated 31.08.2009

passed    by    the   Andhra     Pradesh       Administrative   Tribunal,

Hyderabad, in O.A.Nos.9172, 9173, 9766 and 9744 of 2009,

whereby the Tribunal denied them relief and dismissed their O.As.

      By order dated 09.09.2009 passed in W.P.No.18683 of 2009,

this Court suspended the operation of the proviso added to Rule 7

of the Andhra Pradesh Direct Recruitment for the posts of Teachers

(Scheme    of    Selection)     Rules,    2008     promulgated      under
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G.O.Ms.No.161, Education (Ser.VI) Department, dated 06.12.2008

through the amendment made vide G.O.Ms.No.28, Education

(Ser.VI) Department, dated 29.01.2009, pending disposal of the

case.      This Court also made it clear that the selections and

appointments made, without reference to the aforestated proviso,

would be subject to further orders in the writ petition.                 This

interim order was challenged by some of the affected candidates

before the Supreme Court in Special Leave to Appeal (Civil)

No.24396 of 2009 and batch.              By order dated 04.10.2010, the

Supreme Court confirmed the interim order passed by this Court

but requested this Court to dispose of the case within a time

frame.

         While matters stood thus, the National Council for Teacher

Education (NCTE) issued a notification, published in the Gazette of

India dated 23.08.2010, under the Right of Children to Free and

Compulsory Education Act, 2009, wherein it was stated that a

candidate with B.A./B.Sc. with at least 50% marks and B.Ed.

qualification shall also be eligible for appointment as a Teacher for

Classes I to V up to 01.01.2012, provided he undergoes, after

appointment, an NCTE recognized 6-month special programme in

Elementary Education.

         Sri S.Ramachandra Rao, learned senior counsel, relies upon

the     judgment     of   the   Supreme      Court    in     CHAIRMAN    AND

MANAGING          DIRECTOR        SINGARENI         COLLIERIES    COMPANY

LIMITED V/s. M. RAMESH CHANDER1, wherein it was observed

that     reserving    a   quota    for   internal    candidates   for   direct

recruitment may not be constitutionally valid. He would further


1   Civil Appeal NOs.7665-66 of 1994 decided on 22.11.1994
                                    3




state that taking into account the amendment made to the statute

vide the National Council for Teacher Education (Amendment) Act,

2011, enacted by the Parliament, the Supreme Court closed Civil

Appeal Nos.7479 of 2009 and batch which had been referred to a

Larger Bench for consideration of the issue involving D.Ed. and

B.Ed. qualifications, in the context of recruitment to the cadre of

Secondary Grade Teachers.

      In the light of the aforestated facts, we are of the opinion

that the issue raised in these writ petitions is now rendered purely

academic. Learned Special Government Pleader appearing for the

State fairly concedes that owing to the interim order granted by

this Court, the reservation sought to be made in favour of

candidates with D.Ed. qualification was not implemented and all

the posts which were covered by this category of reservation were

filled up without reference to the same.

      This being the situation, the writ petitions are closed.

      In the light of the closure of these writ petitions, the

appointments made, which were subjected to further orders in

these writ petitions, shall stand regularized in all respects.

       Pending Miscellaneous Petitions, if any, shall stand closed

in the light of this final order. No order as to costs.



                                                  ____________________
                                                  SANJAY KUMAR, J.

___________________ N.BALAYOGI, J 8th FEBRUARY, 2017.

Note:

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