Andhra Pradesh High Court - Amravati
Andhra Pradesh Head Masters ... vs State Of Andhra Pradesh on 7 April, 2022
HIGH COURT OF ANDHRA PRADESH
MAIN CASE: W.P. No. 13810 of 2021
PROCEEDING SHEET
SL. DATE ORDER OFFICE
NO. NOTE
24. 07.04.2022 RNT, J
This writ petition has been filed for the
following relief:
"..to issue an appropriate order writ or direction
more particularly one in the nature of writ of
mandamus, declaring the action of the
respondents in depriving the members of the
first petitioner association and petitioners 2 to 4
herein their legitimate right of being appointed
as Foreign Service Ad hoc Deputy Education
Officer in spite of their representation dated
05.07.2021 and appointing Assistant Directors
of the head masters and MEOs as illegal,
arbitrary, unjust and violation of articles 14, 21
and 300A of the Constitution and violation of
the norms of the NCERT (Statutory body) and
consequently direct the respondents to consider
the case of the petitioners for appointing the
Head masters/MEOs as Foreign Service Ad hoc
Deputy Educational Officers till the Deputy
Education Officer Posts are filled with direct
recruitment simultaneously instead of ADs and
pass such other order or orders...."
2. Learned counsel for the petitioners
submits that the petitioners who are working
either as the Head Masters or the Mandal
Educational Officers, in different Zilla Parishads,
are seeking appointment on the post of Deputy
Education Officer, against the vacancies in
accordance with G.O.Ms.No.73, dated
SL. DATE ORDER OFFICE
NO. NOTE
20.09.2017, i.e., the Andhra Pradesh Educational
Service Rules, 2017 (in short "the Service Rules,
2017) claiming to be eligible and qualified for
such appointment as per the mode of
appointment, which according to the learned
counsel for the petitioner, is (i) by direct
recruitment; (ii) by promotion from Category-1 of
Class-IV i.e., the post of Mandal Educational
Officer, Head Master and Head Mistress in
Government and Zilla Parishad High Schools.
3. Learned counsels, representing the
respondents submit that the Service Rules, 2017,
vide G.O.Ms.No.73, dated 20.09.2017 were
framed pursuant to the Presidential Order dated
23.06.2017 after dismissal of Civil Appeals
No.4886-4901 of 2009 and connected matters by
the Hon'ble Apex Court, vide judgment dated
30.09.2015 in the earlier round of litigation. The
Presidential Order as also the Service Rules, 2017
were challenged by the Teachers in the
Government Schools, in O.A.Nos. 2670 and 2671
of 2017, in which the A.P. Administrative Tribunal
did not grant an interim order. The Government
Teachers, preferred W.P.Nos.32717 and 32738 of
2017 before this Court in which the Division
Bench initially granted interim order dated
22.09.2017, directing to maintain status quo and
finally those writ petitions were disposed of by
order dated 07.02.2018, requesting the
A.P.Adminsitrative Tribunal to dispose of O.A.Nos.
2670 and 2671 of 2017 at the earliest, directing
the order of status quo to be maintained during
pendency of O.A(s). Later on, the A.P.
Administrative Tribunal was abolished and those
O.As were transferred to this Court, re-numbered
as W.P.(AT) Nos.1113 and 1114 of 2021.
SL. DATE ORDER OFFICE
NO. NOTE
4. In view of the above, the matter is
adjourned today to enable the learned counsels
for the parties to appraise this Court on the next
date of listing about the present position in those
writ petitions.
5. On the joint request of the learned
counsel for the parties, list on 25.04.2022.
_________
RNT, J
Dsr
