Vankudoth Bansilal v. The Project Director

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.26697 OF 2018

ORDER

This writ petition is filed seeking the following relief: "....to issue an appropriate Writ, Order or direction more particularly a Writ in the nature of Mandamus (i) to declare the inaction on the part of the 3rd respondent in continuing non-tribal non-local as Inclusive Education Resource Teachers in Bhadradri Khammam Agency Area even inspite of availability of qualified local tribe candidates for appointment as against the posts of Inclusive Education Resource Teachers including the petitioners as illegal, arbitrary, unjust apart from violative of principles of natural justice and against the orders issued by the Government in G.O.Ms.No.3, Social Welfare (TW.EDN.II) Department, dated 10.01.2000; and (ii) to consequently direct the respondents herein to consider representations of the petitioners for appointing them in the post of Inclusive Education Resource Teachers as they are qualified local tribes being eligible to be appointed and continued; and to pass such other orders as this Hon'ble Court deems fit and proper in the circumstances of the case."

Heard Sri Nandigam Krishna Rao, learned counsel appearing for the petitioners and learned Standing Counsel appearing for respondent Nos.1, 2, 3, and 5.

It is the case of the petitioners that they belong to Scheduled Tribe and they are fully eligible and qualified to be appointed as Inclusive Education Resource Teachers. During 2015, the respondents have appointed certain individuals on

tenure basis and the tenure of such appointees has come to an end and that the respondents are proceeding to fill up those vacancies.

Learned counsel appearing for the petitioners contends that whenever the respondents take steps for filling up the vacancies of Inclusive Education Resource Teachers, the cases of the petitioners should be considered strictly in terms of G.O.Ms.No.3, dated 10-01-2000.

Learned Standing Counsel appearing for the respondents submits that the cases of the petitioners would be considered and appropriate orders would be passed strictly in terms of G.O.Ms.No.3, dated 10-01-2000.

Having considered the rival submissions made by the learned counsel on either side, this Writ Petition is disposed of directing the respondents to consider the cases of the petitioners for appointment to the post of Inclusive Education Resource Teachers strictly in accordance with G.O.Ms.No.3, dated 10-01-2000 whenever they undertake the exercise of filling up those vacancies either on regular basis or on tenure basis. No costs.

Miscellaneous petitions, if any, pending shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI 24th April, 2019 rkk