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High Court for State of TelanganaWP/11472/2014allowed no costs

The Government Of Andhra Pradesh, v. Riyazuddin,

2017-07-192 pages

HON'BLE SRI JUSTICE SURESH KUMAR KAIT AND HON'BLE Dr.JUSTICE SHAMEEM AKTHER WRIT PETITION No.11472 of 2014 ORDER: (Per Suresh Kumar Kait, J) Vide the present petition, petitioners petitioner has challenged the order dated 13.03.2013 passed in O.A.No.8807 of 2010, whereby O.A., filed by the 1st respondent has been allowed and petitioners were directed to give posting orders to the 1st respondent within four weeks. The case of the 1st respondent before the Tribunal was that he was selected in D.S.C. 2008 for the post of S.G.T. (U/M), but was not given posting orders. Though his name was shown in the selection list, posting orders were not given on the ground that he did not study Intermediate, which is the requisite qualification for the post of S.G.T. The case of the petitioners herein is that the post of S.G.T.

, is a district cadre post and 120 vacant posts of Secondary Grade Teachers (Urdu Medium) were notified along with other category posts in Ranga Reddy District. The 1st respondent appeared in D.S.C. 2008 for the post of S.G.T. At the time of submission of application for D.S.C. 2008, the 1st respondent submitted Urdu Fazil certificate issued by the IDARA-E-ADABIYATE URDU, Punjagutta, Hyderabad. The Government issued Memo No.10711 Ser.VII/2006 dated 11.07.2006 and 15605 Ser.VI/2007-I dated 17.10.2007, by mentioning that Urdu Fazil certificate issued by IDARA-E-ADABIYATE URDU, Punjagutta, Hyderabad, is considered as equivalent to intermediate education for the period from 1999-2000 to 2004-2005. As per G.O.Ms.No.161, Education Department, dated 06.12.

2008, a candidate who seeks appointment as Secondary Grade Teacher must possess Intermediate qualification from the Board of Intermediate Education and D.Ed.

SKK, J & Dr.SA, J W.P.No.11472 of 2014 Examination, Andhra Pradesh. It is the further case of the petitioners that Government issued Memo No.1014/SE-Ser.V12009 dated 30.01.2009, by way of clarification that the Urdu Fazil certificate issued by IDARA-E-ADABIYATE URDU, Punjagutta, Hyderabad is not equivalent to intermediate education, as the private bodies which do not run any educational institutions nor submit copies of their syllabus/exam paper/list of examination/exam papers evaluation guidelines on result to Board of Intermediate Education etc., cannot be given such consideration.

It is pertinent to mention here that Memo No.10711 Ser.VII/2006 dated 11.07.2006 has been quashed by this Court in W.P.No.3440 of 2007 by order dated 19.07.2017. Therefore, the order dated 13.03.2013 passed by the Tribunal in O.A.No.8807 of 2010 is hereby set aside. Petition is accordingly allowed. As a sequel, miscellaneous petitions if any pending therein stand disposed of. No order as to costs. _______________________ SURESH KUMAR KAIT, J _______________________ Dr.SHAMEEM AKTHER, J July 19, 2017 MRR