THE HON'BLE SRI JUSTICE P. NAVEEN RAO
AND
THE HON'BLE SMT DR. JUSTICE G. RADHA RANI
WRIT PETITION NOs. 491, 490 AND 908 OF 2002
Date:04.01.2022
W.P.No.491 of 2002:
Between:
Government of Andhra Pradesh, Rep by its.,
Principal Secretary, Education Department,
Secretariat Buildings, Hyderabad & Others.
.....Petitioners
And
Porandla Santhaiah, BC-B,
R/o. Atmakur Post, Nalgonda District,
H.T.No.17002625, and others.
.....Respondents
The Court made the following:
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THE HON'BLE SRI JUSTICE P. NAVEEN RAO AND THE HON'BLE SMT DR. JUSTICE G. RADHA RANI
WRIT PETITION NOs. 491, 490 AND 908 OF 2002
COMMON ORDER: (Per Hon'ble Sri Justice P.Naveen Rao)
Heard learned Government Pleader for Services - I,
appearing for petitioners. No representation for the respondents.
2. Writ petition Nos. 491, 490 and 908 of 2002 are filed by the
Government of Andhra Pradesh, challenging the orders passed by
Andhra Pradesh Administrative Tribunal (for short 'the Tribunal')
in O.A.Nos.6276 of 2001, 685 of 2001 and 7524 of 2000
respectively. The subject matter of the O.As., before the Tribunal
concerns recruitment to the posts of Secondary Grade Teacher/
School Assistant/ Language Pandits, pursuant to D.S.C.2000
Teachers' Recruitment Notification.
3. The Tribunal disposed of the said O.As., with directions. The
State filed these writ petitions aggrieved by the directions issued by
the Tribunal in paragraph No.28 of the common order dated
28.09.2001, which reads as under:
"28. In the aforesaid judgment, the Tribunal upheld the validity of the second limb of Rule 13(1) (b) of the rules issued in G.O.Ms.No.72, dated 3.7.2000, subject to the following exigencies.
(a) Where candidates were selected both in DSC 1998 and DSC 2000 and in the even the selected candidates opting for selection and appointment based on DSC 1998, such vacancies cannot be treated as non-joining vacancies.
(b) The posts that remained vacant due to selection of candidates for more than one category, say both the S.G.Teacher and School Assistant, Grade-I language Pandit and Grade-II language Pandit, cannot be treated as non-joining vacancies.
(c) Where candidates were selected against each category to which they do not belong say O.C. candidate against Physically Handicapped category for the reason that this mistake occurred due to human error or mechanical error in computerization process and consequently, Appointment orders were issued to them. Such vacancies cannot be treated as non-joining vacancies".
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4. This Court by order dated 04.01.2002 granted interim
suspension.
5. According to learned Government Pleader, the entire
selection process and appointments were completed. Thereafter,
many more D.S.C.s., were conducted.
6. Writ Petition Nos. 489, 570 and 585 of 2002, were also filed
challenging another judgment of the Andhra Pradesh
Administrative Tribunal, but concerning the very same D.S.C.
2000 Teachers' Recruitment Notification. Having regard to the long
lapse of time from the date of recruitment notification, this Court
by order dated 26.10.2016 has set aside the order of the Tribunal
and allowed the writ petitions.
7. In these writ petitions also, in view of the interim order
granted by this Court, the directions issued by the Tribunal were
not implemented and as reported by learned Government Pleader,
the selections to said posts were finalized based on the original
understanding of the petitioners and without regard to the
directions issued by the Tribunal. Having regard to the same, we
are not inclined to upset the selections and appointments made
long ago. The Writ Petitions are accordingly allowed. However, the
principle of law decided by the Tribunal is left open to be urged in
the appropriate proceedings. Miscellaneous petitions, pending if
any, shall stand closed.
___________________ P. NAVEEN RAO, J
________________________ DR. G. RADHA RANI, J
5Th January, 2022 PT -4-
THE HON'BLE SRI JUSTICE P. NAVEEN RAO AND THE HON'BLE SMT DR. JUSTICE G. RADHA RANI
WRIT PETITION Nos. 491, 490 AND 908 OF 2002
Date :04.01.2022
PT
