Telangana High Court
WA/2044/2004 of Y. Ahmad Basha S/o Y. Khasisab Vs The Stte of A.P., rep by Secretary, Education on 29 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE S.ANANDA REDDY WRIT APPEAL NO.2044 of 2004 (Writ Appeal under Clause 15 of the Letters Patent against the
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MRS JUSTICE T.MEENA KUMARIAND THE HON'BLE MR JUSTICE S.ANANDA REDDY
WRIT APPEAL NO.2044 of 2004
(Writ Appeal under Clause 15 of the Letters Patent against the Order dated08/10/2004 in WPMP.No.23851 of 2004 in WP No.18155 OF 2004 on the file of theHigh Court.)
Between:
1 Y. Ahmad Basha S/o Y. Khasim sab
Aided Arabic High School, Uravakonda, Anantapur District 2 S. Abdul Khader Jelani S/o S. Shaikusab, Aided Arabic High Schoo, Uravakonda, Anantapur District 3 S. Shabbir Ahmed S/o S. Mahamood Sab Aided Arabic High Schoo, Uravakonda, Anantapur District 4 A.Veeranarayana Swamy S/o A. Naganna Aided Arabic High Schoo, Uravakonda, Anantapur District 5 H.Md. Amanulla S/o H. Hussain Peera Aided Arabic High Schoo, Uravakonda, Anantapur District 6 The Aided Arabic High School, rep by Correspondent D.B. Zeelan S/o Babu sab, Uravakonda, Anantapur District.
..... APPELLANTS
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1. The State of A.P., rep by its Secretary, Education Department, SecretariatBuildings, HyderabadBuildings, Hyderabad
2. The Commissioner & Director of School Education, A.P. Hyderabad.3. The District Educational Officer, Anantapur, Anantapur District.
.....RESPONDENTS
Counsel for the Appellants: MR. KASA JAGANMOHAN REDDYCounsel for the Respondent Nos.1 to 3: GP FOR EDUCATION
The Court at the admission stage made the following Order: (per TMK,J).
The present writ appeal is filed against the order passed by a learned singleJudge of this Court in WPMP.No.23851 of 2004 in W.P.No.18155 of 2004, dated08.10.2004.
Heard the learned Government Pleader for Education.
The appellants herein filed the above WPMP seeking suspension of the order ofthe first respondent dated 22.07.2004 and consequential order of the thirdrespondent dated 24.07.2004.
The learned single Judge of this Court dismissed the above WPMP holding thatin pursuance of the orders of respondents 1 and 3, the selection list is no morein force and unless and until it is held that those orders are illegal, petitioners 1to 5 cannot be treated as selected candidates.
We are not in agreement with the observation made by the learned single Judgeof this Court in view of the fact that the main writ petition itself is pending.Taking into consideration the submission made by the learned counsel for theappellants that the appellants have already joined the service on 19.07.2004, itwould suffice, if a direction is issued to the third respondent to continue theappellants subject to the result of the writ petition.
Accordingly, the writ appeal is allowed setting aside the order of the learnedsingle Judge of this Court in WPMP.No.23851 of 2004 in W.P.No.18155 of2004, dated 08.10.2004.
The Registry is directed to post the writ petition for final hearing in the firstweek of February, 2005.
____________________T.MEENA KUMARI,J
29-12-2004
_________________S.ANANDA REDDY,J
Lvl/usd
To
1. The Secretary, State of A.P., Education Department, Secretariat Buildings,HyderabadHyderabad
2. The Commissioner & Director of School Education, A.P. Hyderabad.3. The District Educational Officer, Anantapur, Anantapur District.4. Two CCs to G.P. for Education, High Court of A.P., Hyderabad(OUT).5. Two CD copies.3. The District Educational Officer, Anantapur, Anantapur District.4. Two CCs to G.P. for Education, High Court of A.P., Hyderabad(OUT).5. Two CD copies.