HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.429 OF 2023
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
"To issue an appropriate writ, order of direction, preferably one in the nature of Writ of Mandamus and to declare the action of the respondents are not considering the case of the petitioner for appointment to the post of Secondary Grade Teacher as per her merit in pursuance to the notification dated 06.12.2008, though she is selected and she is in selection zone in her District, is as highly illegal, arbitrary, unreasonable, discriminatory and also in violation of principles of natural justice and also in violation of Art.14, 16 & 21 of the Constitution of India and declare the same bad-in-law and consequently direct the respondents to consider the case of the petitioner for appointment to the post of Secondary Grade Teacher by extending the benefit by following the Division Bench Judgment of this Hon'ble Court in W.P.No.18683 of 2009, 17340 of 2013 and 25683 of 2015, dated 27.09.2022, by passing final orders on the representation dated 07.12.2022 which is pending with 2nd respondent and to pass such other order or orders as this Hon'ble Court may deems fit just and proper in the circumstances of the case."
2. The Division Bench of this Court in Common Order dated 27.09.2022 passed in W.P.No.18683 of 2009 and batch and, in particular, at paras 20 and 21 observed as under:
"20. However, If all the posts which were earmarked for 30% quota were filled up and if the petitioners were not coming within the zone of consideration, this Court has to necessarily adjudicate the validity of G.O.Ms.No.28 Education (Ser.VI) Department, dated 29.01.2009, as the vacancies 2 could not be filled up, this Court is of the considered view that it would be a futile exercise to adjudicate the validity of G.O.Ms.No.28 Education (Ser.VI) Department, dated 29.01.2009. More so, when the respondents could not fill up the 30% quota earmarked for died candidates.
21. Accordingly, all the writ petitions are disposed of directing the State Government to fill up the vacancies with the petitioners if they are coming within the zone of consideration and as per their merit. No costs."
3. The petitioners in pursuance to the orders of the Division Bench dated 27.09.2022 passed in W.P.Nos.18683 of 2009, 17340 of 2013 and 25683 of 2015, had addressed a detailed representation dated 07.12.2022 to the 2nd respondent herein to consider the petitioner's candidature for appointment to the post of SGT as per petitioners' merit in pursuance to the Notification dated 06.12.2008, on par with petitioners in W.P.Nos.18683 of 2009, 17340 of 2013 and 25683 of 2015, since the petitioners are also similarly situated to the petitioners in W.P.Nos.18683 of 2009, 17340 of 2013 and 25683 of 2015. It is the specific case of the petitioner's that the petitioners also possessed graduation and B.Ed and as per the notification and rules notified by the Government, the petitioners are eligible to be considered, since the petitioners are within the zone of consideration.
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4. Taking into consideration the orders of the Division Bench of this Court dated 27.09.2022 passed in W.P.Nos.18683 of 2009, 17340 of 2013 and 25683 of 2015 and also the contents of the petitioner's representation dated 07.12.2022, the writ petition is disposed of directing the 2nd respondent to consider the petitioner's representation dated 07.12.2022 for appointment to the post of Secondary Grade Teacher in pursuance to selection process of DSC-2008, in accordance to law and pass appropriate orders, within a period of four (04) weeks from the date of receipt of copy of this order, duly communicating the said decision to the petitioners. However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending in this writ petition, shall also stands disposed of.
_____________________________ MRS JUSTICE SUREPALLI NANDA 06.01.2023 Kgk