WP/1199/2021 of Chavali Jaya Veera Venkatesh Vs The State of Andhra Pradesh, on 31 December 2024

ORDER:

The Writ Petitionis filed under Article 226 of the[Constitution][ of][ India]

seeking the following relief:

“to issue a writ or order or direction with moreparticuiarly in the nature of WRiT OF MANDAMUS declaringthe action of the respondents 2 to 6 in not appointing[the]petitioner as School Assistant (Special Category) underBCA(General)categoryinGuntur District, pursuanttoNotificationfor TET cum TRT dated15-02-2019,despiteselection in Provisional selection list (Phase 3) and[instead]appointing the f' respondent to the said post under[BCA](General) category, though sheis eligible under SportsPersonQuotabelatedlyasillegal,arbitrary,unconstitutionalandconsequentlydirectthe2to6respondents to appoint the petitioner as School Assistant(SpecialCategory)underBC-A(General)categoryinGuntur District by appointing the f*' respondent as[School]assistant(SpecialEducation)underSportspersonCategory”

2. Brieffactsofthecasearethatthe2nd respondenthereinissuednotification No.768/TRC-1/2018, dated 15.02.2019 for Teacher Eligibility test-cum-TeacherRecruitmenttestforpostofSchoolAssistants(Specialeducation). The petitioner completed B.A., and a special[B.Ed,][ had][ applied][ for]the post. The petitioner belongs to Guntur District[and][ 50][ posts][ were][ notified]for the district. Out of which 2 posts were earmarked for BC-A (GEN) and 2posts were earmarked for BC-A (Women). One post was[reserved][ for][ sports]thperson. The petitioner is eligible for reservation[under][ BC-A][ category.][ The][ 7]respondent herein also belongs to BC-A and in addition[to][ that][ she][ is][ a][ sports]person.. The petitioner appearedin the written examinationconductedon

30.06.2019 and secured a local rank of 100 and therespondent secured35*^ rank. Initially provisional selection list (Phase-1) was released by the1Strespondent andit contained the name of 7^^ respondent[at][ serial][ No.44][ with]roster BC-A-W and 3 others under BC-A category. Since the 7'^ respondentdid not produce the certificates in time, provisional selection list (phase-ll) wasreleased and 2 new candidates surfaced in the list. Subsequently provisionalselection list (Phase-Ill) was released and it contained the petitioner's name atSerial No.27 withroster BC-A-Glocalcategory. Thereafter, the pejtitionersubmitted his original certificates and also 2 sets of photo copies on the saiddate and attended the interview in the office of 5^'" respondent on 15.10.2020.The5**^ respondent told him that he would receive the appointment orderwithin a few days through post. As the appointment order was not received bythe petitioner after a long time, the petitioner sent a representation to the 5threspondent on 06.11.2020 through RPAD requesting to issue appointmentorder immediately for the post of School Assistant. The5*'^ respondent videdated 28.11.2020 has given reply to the representation of the petitioner, whichwas received on 03.12.2020 stating that, since four[vacancies][ notified][ under]BC-A category were already filled up including 7‘^ respondent, there was novacancy left under BC-A category in Guntur District and hence the applicationof the petitioner was rejected. Aggrieved by the same, the present writ petitionhas been filed.35*^ rank. Initially provisional selection list (Phase-1) was released by the1Strespondent andit contained the name of 7^^ respondent[at][ serial][ No.44][ with]roster BC-A-W and 3 others under BC-A category. Since the 7'^ respondentdid not produce the certificates in time, provisional selection list (phase-ll) wasreleased and 2 new candidates surfaced in the list. Subsequently provisionalselection list (Phase-Ill) was released and it contained the petitioner's name atSerial No.27 withroster BC-A-Glocalcategory. Thereafter, the pejtitionersubmitted his original certificates and also 2 sets of photo copies on the saiddate and attended the interview in the office of 5^'" respondent on 15.10.2020.The5**^ respondent told him that he would receive the appointment orderwithin a few days through post. As the appointment order was not received bythe petitioner after a long time, the petitioner sent a representation to the 5threspondent on 06.11.2020 through RPAD requesting to issue appointmentorder immediately for the post of School Assistant. The5*'^ respondent videdated 28.11.2020 has given reply to the representation of the petitioner, whichwas received on 03.12.2020 stating that, since four[vacancies][ notified][ under]BC-A category were already filled up including 7‘^ respondent, there was novacancy left under BC-A category in Guntur District and hence the applicationof the petitioner was rejected. Aggrieved by the same, the present writ petitionhas been filed.

3. ThisCourt,videorder,dated20.01.2021has passed the following order; As an interim measure, respondents are directed to[consider]the representation of the petitioner, dated 19.12.2020 within four (04)weeks. ”

Conclusion

4. The 7‘^ respondent filed counter affidavit denying the allegations madein the writ petition.It is stated in the counter affidavit that, in the Phase-Ilist,the 5**^ respondent called the 7'*^ respondent for interview on 03.07.2020, theselection committeerecordedtheirsatisfactionintheinterview sheetandasked to get signature of community in charge of BC Corporation, Guntur. AtthetimeofinterviewduetoCovid-19Lockdownandofficeofthe5threspondent staff suffering Covid-19 and lockdown with the reasons, the 7threspondent could not submit original certificates to[the][ concerned][ office][ and]frequested to give time for submit original certificates. Later the 7*^ respondentgot signatures and submitted the same to the 5*^ respondent. Thereafter, the5'^respondentappointedthe7'^respondentby wayofproceedingsRc.No.1382/A4/2019, dated 25.8.2020 and posted at ZPHS, Chavali, VemuruMandal, Guntur District. As the 7*^ respondent submitted original certificates inJuly, 2020 interview, they considered the 7**^ respondent[under][ BC-A][ Genera]Quota and stated that Sports Roster was allotted to OC-General, due[ to][ non]availability of sports person, the points reserved[for][ them][ should be][ deemed][ to]be allowed to open competition in the same recruitment. The 5*^ respondentin the writ petition.It is stated in the counter affidavit that, in the Phase-Ilist,the 5**^ respondent called the 7'*^ respondent for interview on 03.07.2020, theselection committeerecordedtheirsatisfactionintheinterview sheetandasked to get signature of community in charge of BC Corporation, Guntur. AtthetimeofinterviewduetoCovid-19Lockdownandofficeofthe5threspondent staff suffering Covid-19 and lockdown with the reasons, the 7threspondent could not submit original certificates to[the][ concerned][ office][ and]frequested to give time for submit original certificates. Later the 7*^ respondentgot signatures and submitted the same to the 5*^ respondent. Thereafter, the5'^respondentappointedthe7'^respondentby wayofproceedingsRc.No.1382/A4/2019, dated 25.8.2020 and posted at ZPHS, Chavali, VemuruMandal, Guntur District. As the 7*^ respondent submitted original certificates inJuly, 2020 interview, they considered the 7**^ respondent[under][ BC-A][ Genera]Quota and stated that Sports Roster was allotted to OC-General, due[ to][ non]availability of sports person, the points reserved[for][ them][ should be][ deemed][ to]be allowed to open competition in the same recruitment. The 5*^ respondent categorically statedintheproceedings videRc.No.1382/A4/2019,dated28.11.2020, that the 7'^ respondent with Rank-35 provisionally[selected][ under]BC-A, as School Assistant (lEDSS)in1list.But,the candidatehasnotsubmittedoriginalcertificatesat the time of certificateverificationduetoCOVID-19 lockdown. Later, the candidate has submitted original certificates,andalsostatedwhereinthenameofSmt.KancharlaRamaTulasiH.T.No.19070419,Rank-35,BC-A,whosecandidaturewasalreadyconsideredandthe nameof another candidatei.e.,SriC.JayaVeeraVenkatesh (Petitioner) with H.T.No.19070393, Rank-100,BC- A wasnotincluded under BC-A Category. Thepetitioner’srankis100 and the7*^/respondent rankis 35. Hence, the 7'^ respondentismeritorious thanthepetitioner. Therefore, prays to dismiss the writ petition.

5. The respondents 1 to 6 filed counter affidavit denying all the allegationsmade in the writ petition,it is stated in the counter affidavit that, as per DSC-2019 (Spl.DSC), under BC-A (G)-2 posts and BC-A (W)-2 posts were notifiedin 1®' provisional selection list. After verification process, Smt.Kancharla RamaTulasi, HT No. 1907049 candidature was pending as she was not submittedthe original Certificates at the time of certificate verification due to CO\/ID-19lockdown and seeks time for producing original certificatesfor verification.Later, Kancharla Rama Tulasi submitted the original[certificates][ to][ the]5*^respondent and requestedto consider her candidaturein BC-A category.

Accordingly, the 5*'^ respondent addressed a letter[to][ the][ Director][ of][ School]Education,A.P.,Amaravathiforissuanceofnecessaryorders.Inturn,thinstructions were issued torespondent to consider[the][ candidature][ of 7]frespondent to the post of School Assistant (Special[Education)]in SpecialDSC-2019 as she was provisionally selected in thelist. Accordingly, the 5threspondent has issued appointment orders to the 7*^respondent.Butinonline, the 7^^ respondent name was not included in the 2"'^ and[ 3'"'^] provisionalselection list even though the appointment order was given. Due to the abovereasonthecandidateisinpendinglist.Inplaceof the7*'^respondent,petitioner’s name wascalledforcertificateverification on14-10-2020 bywrongly mentioned in the Director of School Education[website.][ After][ following]dueprocedure,the5*^respondenthasissuedspeakingordersvideProcs.Rc.No.1382/A4/2019, dated 28.11.2020 duly stating[that four][ vacancies]were notified under BC-A category were already selected including the 7threspondent and subsequently there is no other vacancy under BC-A categorywas left as unfilled in Guntur District.It is further stated in the counter affidavitthat, as per Rule 22, in Sub-Rule (2), “In the event of non-availability of eligiblesports persons, the points reserved for them should[be][ deemed][ to][ be][ allotted]to open competition in the same recruitment" and sports[roster][ was][ allotted][ to]OC-G category as no candidate was available for sports[roster.][ Therefore,]prays tp dismiss the writ petition.

6. HeardMr.B.Sasanka,learnedcounselforthepetitioner;learnedAssistant Government Pleader for Services-lll, for respondent Nos.1 to 6 andMr.T.Sreedhar, learned counsel for the 7^'^ respondent.Assistant Government Pleader for Services-lll, for respondent Nos.1 to 6 andMr.T.Sreedhar, learned counsel for the 7^'^ respondent.

7. Onhearing,learned counselfor thepetitioner whilereiteratingthecontents urgedin the writ petition, submits that,if therespondent wasalreadyselectedinthe1Stlist vide orders of the 2"^ respondent dated14.08.2020, the petitioner shouldn't have beencalledfor the interview on14.10.2020 andpetitioner's name shouldnot havereflectedin provisionalselection list (Phase 3). He further submits that the 7*^ respondent belatedlysubmitted her certificates and already lost her chance for selection, besidesthat she has a reservation under sports person category[also.]If at all the 2ndrespondent wanted to accommodate her in any post, they should have givenher post under the 'sports person category' without denying the employment ofthe petitioner after his selection in the interview pursuant to call letter, dated14.10.2020. The single post reserved for sports person categoryin GunturDistrictisnotyetfilled up duetonon-availabilityofcandidates.The7threspondent is the only candidate in the entire selection (merit) list with a rosterpoint for sports person category. Therefore, the petitioner again has sentrepresentationstothe2'^^'3^^ andrespondents on15.12.2020and19.12.2020,throughRPAD,requestingthemtoappointhimasSchoolAssistant(SpecialEducation)inBC-A-Gcategoryandappointthe7thcontents urgedin the writ petition, submits that,if therespondent wasalreadyselectedinthe1Stlist vide orders of the 2"^ respondent dated14.08.2020, the petitioner shouldn't have beencalledfor the interview on14.10.2020 andpetitioner's name shouldnot havereflectedin provisionalselection list (Phase 3). He further submits that the 7*^ respondent belatedlysubmitted her certificates and already lost her chance for selection, besidesthat she has a reservation under sports person category[also.]If at all the 2ndrespondent wanted to accommodate her in any post, they should have givenher post under the 'sports person category' without denying the employment ofthe petitioner after his selection in the interview pursuant to call letter, dated14.10.2020. The single post reserved for sports person categoryin GunturDistrictisnotyetfilled up duetonon-availabilityofcandidates.The7threspondent is the only candidate in the entire selection (merit) list with a rosterpoint for sports person category. Therefore, the petitioner again has sentrepresentationstothe2'^^'3^^ andrespondents on15.12.2020and19.12.2020,throughRPAD,requestingthemtoappointhimasSchoolAssistant(SpecialEducation)inBC-A-Gcategoryandappointthe7th M

respondentasSchoolAssistant(SpecialCategory)in'SportsPerson'Category. But no action has been taken by the respondents.Therefore,learned counsel for thepetitioner requests this Court[to][ pass][ appropriate]orders.

8. Per Contra, learned Assistant Government Pleader while[reiterating][ the]contents made in the counter affidavit, submits that, therespondent wasthnot able to submit original certificates at the time[of][ verification.][ Later,][ the][ 7]respondent has submitted her original certificates[for][ verification][ and][ stated]that, due to non-availability of transport facility during lockdown she[ is] unableto get Special Diploma Education certificate from Andhra[University.][ Later][ she]produced the certificate and accordingly she got appointment[under][ BC-A]category.Further, the petitioner got message from[the]Directorof SchoolEducation, A.P., Amaravathi that, to upload the certificates[and][ download][ the]callletter.Accordingly,thepetitioneruploadedthecertificatesanddownloaded the call letter and attended for the certificate[verification.][ Before]issuance of appointment order to the petitioner, concerned[District][ Educational]Officer office staff verified the roster points with roster register and informed tothe candidate orally by concerned District Educational[Officer][ office][ staff.][ But,]the petitioner repeatedly represented the Director[of][ School][ Education,][ A.P.,]IbrahimpatnamaswellastheDistrictEducationalOfficer,Gunturandthrequested to issue appointment order under BC-A category.[Hence,][ the][ 5]contents made in the counter affidavit, submits that, therespondent wasthnot able to submit original certificates at the time[of][ verification.][ Later,][ the][ 7]respondent has submitted her original certificates[for][ verification][ and][ stated]that, due to non-availability of transport facility during lockdown she[ is] unableto get Special Diploma Education certificate from Andhra[University.][ Later][ she]produced the certificate and accordingly she got appointment[under][ BC-A]category.Further, the petitioner got message from[the]Directorof SchoolEducation, A.P., Amaravathi that, to upload the certificates[and][ download][ the]callletter.Accordingly,thepetitioneruploadedthecertificatesanddownloaded the call letter and attended for the certificate[verification.][ Before]issuance of appointment order to the petitioner, concerned[District][ Educational]Officer office staff verified the roster points with roster register and informed tothe candidate orally by concerned District Educational[Officer][ office][ staff.][ But,]the petitioner repeatedly represented the Director[of][ School][ Education,][ A.P.,]IbrahimpatnamaswellastheDistrictEducationalOfficer,Gunturandthrequested to issue appointment order under BC-A category.[Hence,][ the][ 5]

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respondentissuedspeakingorderstothepetitionervideProcs.Rc.No.1382/A4/2019, dated 28.11.2020 duly stating[that four]vacancieswere notified under BC-A category were already selected including the 7threspondent and subsequently there is no other vacancy under BC-A categorywasleftasunfilledinGunturDistrict.Therefore,learnedAssistantGovernment Pleader prays to dismiss the writ petition.

9. Perused the record.

10. On a perusal of the material on record, this Court observed that, therespondent was selected in the 1®* provisional list. But due to lockdown, shehas not submitted her original certificates. Later she has submitted originalcertificates to the 5*^ respondent and got appointed.Further, when therespondent was appointed in 1®* provisional list, the sports person rosterwasallottedtoopencompetitioninthe samerecruitment.Assuch,allthevacancies are filled as per BC-A roster and appointment orders were alsoissued to the selected candidates.!respondent was selected in the 1®* provisional list. But due to lockdown, shehas not submitted her original certificates. Later she has submitted originalcertificates to the 5*^ respondent and got appointed.Further, when therespondent was appointed in 1®* provisional list, the sports person rosterwasallottedtoopencompetitioninthe samerecruitment.Assuch,allthevacancies are filled as per BC-A roster and appointment orders were alsoissued to the selected candidates.!

11Havingregardtothefacts and circumstancesof the caseandonconsidering the submissions of both the learned counsels, this Court is of theopinion that, at the time of 1®‘ provisionallist, therespondent was notselectedin sports roster and hence, the sports roster was allotted to OpenCompetitionin the same recruitment andthereare novacancieslefttoconsidering the submissions of both the learned counsels, this Court is of theopinion that, at the time of 1®‘ provisionallist, therespondent was notselectedin sports roster and hence, the sports roster was allotted to OpenCompetitionin the same recruitment andthereare novacanciesleftto !

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considsr the request of the petitioner to appoint the[7^]respondent in sportspersoncategory and appoint the petitionerin BC-A (General)category.Hence, this Court found no merit in the instant writ[petition][ and][ devoid][ of]merits and the same is liable to be dismissed.

12. Accordingly, the Writ Petition is dismissed .No costs.

13. As a sequel, miscellaneous applications pending,if[any,]shall stand closed.

SDI- K. TATA RAODEPUTY REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

1. One CC toSri Sasanka Bhuvanagiri, Advocate [OPUC]

2. Two CCs to GP for Services III, High Court of Andhra Pradesh. [OUT]3. Two CCs to GP for ServicesI, High Court of Andhra Pradesh. [OUT3. Two CCs to GP for ServicesI, High Court of Andhra Pradesh. [OUT

4. One CC to Sri Tummalapudi Sridhar, Advoate (OPUC)

5. Three C.D. Copies.

Cnr

HIGH COURT

DATED:31/12/2024

ORDER

WP.No.1199 of 2021

DISMISSING THEW.P.WITHOUT COSTS

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