Andhra Pradesh High Court - Amravati
Constitution Of India vs Language Pandit Telugu In The ... on 24 July, 2023
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No. 18272 of 2023
ORDER:
This writ petition is filed under Article 226 of the
Constitution of India, seeking the following relief:
"to issue an ORDER DIRECTION or WRIT more
particularly one in the nature of WRIT OF MANDAMUS
challenging the action of the Respondents in insisting
for submission of Agency Schedule Area certificate from
the petitioner having been selected for the post of
Language Pandit Telugu in the schools (Ashram
Schools- Agency) run by the Tribal Welfare Department
in the agency areas of Vizianagaram District as per the
merit list vide Notification No 768/TRC1/2018 dt
26.10.2018 of the 2nd Respondent as illegal, arbitrary,
bad in law, discriminatory, violative of Articles 14, 15,
16, 21 and 342 of the Constitution of India and contrary
to the Judgments in W.P. No. 23976, 23855 and 24270
of 2020 dt 6.5.2022 as confirmed in W.A No. 118 and
157 of 2023 dt 31.01.2023 and Contempt Case No.
5844 of 2022 dt 24.4.2023 on the file of this Honourable
Court and consequently to direct the Respondents to
issue appointment order to the petitioner in the
available vacant post of Language Pandit Telugu in the
schools (Ashram Schools-Agency) run by the Tribal
Welfare Department in the agency areas of Vizianagaram
District without insisting for submission of Agency
Schedule Area certificate with all consequential and
attendant benefits ....
2. Sri T.S.V.L. Narsimha Swamy, learned counsel for
the petitioner has submitted that the facts in this writ petition
are similar to that of facts in writ petition No. 23976 of 2020
and the said writ petition was allowed on 08.07.2022 with the
following directions:-
"It is undisputed fact that as per directions of
this Court, the respondent authorities have kept the
post vacant for these petitioners. Therefore, this
court feels that the petitioners are eligible for the
posts of Secondary Grade Teachers (Telugu) notified
under Notification No. 768/TRC-1/2018 dated
26.10.2018 and keeping in view of the post kept
vacant for these petitioners, the respondents are
directed to consider the candidature of the
petitioners for appointment as Secondary Grade
Teachers (Telugu) as per the notification stated
supra, without insisting the petitioners to produce
Nativity (Agency Area) Certificate further in the
matter, within a period of six (06) weeks from the
date of receipt of a copy of this order."
3. Therefore, requested to pass similar order in this
writ petition also.
4. Heard both sides and perused the material placed on
record.
5. In view of the above, this writ petition is allowed on
the same identical lines as was granted in writ petition No.
23976 of 2020 dated 08.07.2022, directing the respondents to
consider the representation dated 03.06.2023 and pass
appropriate orders within a period of two (2) weeks from the
date of receipt of a copy of this order. No costs.
6. The office is directed to enclose a copy of the order
dated 08.07.2022 issued in writ petition No. 23976 of 2022 to
this order.
Consequently, miscellaneous petitions pending, if any,
shall also stand closed.
________________________
JUSTICE V.SUJATHA
Date: 24.07.2023
Psr.
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No. 18272 of 2023
Date: 24.07.2023
Psr
