Dokuri Ramadevi, vs The Commissioner And Director Of ...
2021 Latest Caselaw 4653 Tel

   HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                       W.P.No.25555 of 2016

ORDER:

This Writ Petition is filed seeking a Writ of Mandamus

declaring that the petitioner is entitled to the post of Post Graduate

Teacher (PGT) (Economics) in the existing available vacancies

pursuant to Notification No.1 of 2012 dt.06-12-2012 in accordance

with her merit with all consequential benefits by holding the action

of the respondents in not considering the just claim of the petitioner

for selection and appointment to the post of PGT (Economics), even

though persons with lesser marks were considered for appointment

to the said post, in spite of orders of the Supreme Court in Special

Leave to Appeal (Civil) No.14955 of 2013 dt.30-09-2013, as illegal

and arbitrary.

2. Heard Sri D.Balakishan Rao, learned counsel for the

petitioner and the learned Government Pleader for School Education,

appearing for the respondents.

3. It has been contended by the petitioner that she is fully

eligible and qualified for the post of PGT and the petitioner has

studied education in Telugu medium and the respondents have issued

notification for filling up the post of PGT on 06-02-2012 and the

petitioner has responded to the said notification and she decently

well in the said selection. The grievance of the petitioner is that 2 AKS,J W.P.No.25555 of 2016

though she is decently well in the selection, her case has not been

considered on the ground that she has studied education in Telugu

medium instead of English medium and as per the Notification,

candidates who have studied in English medium alone are eligible

for appointment.

4. Learned counsel for the petitioner has further contended

that the matter went up to the Supreme Court and the Supreme Court

in Civil Appeal No.9103 of 2013 dt.16-03-2018 had held that

candidates, who have studied either in Telugu medium or English

medium, both the candidates can be considered for appointment on

the basis of merit and that order was made absolute and the said SLP

itself was disposed of vide order dt.16-03-2018 and in view of the

orders of the Supreme Court, the case of the petitioner deserves to be

considered for appointment to the post of PGT.

5. Therefore, learned counsel for the petitioner has

contended that appropriate orders be passed in the Writ Petition

directing the respondents to consider the case of the petitioner for

appointment to the post of PGT keeping in view of the law laid

down by the Supreme Court in Civil Appeal No.9103 of 2013

dt.16-03-2018.

6. Learned Government Pleader for respondents had not

disputed about the said fact.

                                   3                                  AKS,J
                                                       W.P.No.25555 of 2016

7. Having regard to the submissions made by the parties,

this Court is of the considered view that this Writ Petition can be

disposed of by directing the respondents to consider the case of the

petitioner for appointment to the post of Post Graduate Teacher by

duly taking into account the judgment of the Supreme Court in Civil

Appeal No.9103 of 2013 dt.16-03-2018 and pass appropriate orders

in accordance with law.

8. With these observations, the Writ Petition is disposed

of. No costs.

9. As a sequel, the miscellaneous petitions pending, if any,

shall stand closed.

______________________________________ JUSTICE ABHINAND KUMAR SHAVILI Date: 29-12-2021 kvr