D. Venkata Lakshmi v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND FIFTEEN :PRESENT:

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WP .NO:2601 of 2015 Between:

D. Venkata Lakshmi W/o. P. Suresh Babu, ..... Petitioner AND 1 The State of Andhra Pradesh, Rep. by its Principal Secretary Education Department, Secretariat Buildings, Hyderabad. 2 The Commissioner and Director of School Education, and Ex-Officio Project Director, RMSA, A.P. Hyderabad.

3 The Regional Joint Director of School Education, Guntur. .....Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased Issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus to call for the records relating to the impugned proceedings No. 263/B1/Model Schools/RMSA/2014 dt. 22.12.2014 issued by the 2nd respondent and set aside the same by holding the same as illegal, arbitrary and in violation of Principles of natural Justice and consequently direct the respondents to appoint the petitioner as PGT Commerce under ST Women quota in Prakasam District in the interest of justice.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof, and upon hearing the arguments of SRI K. SRINIVASA PRASAD, Advocate for the Petitioner, and GP for Education (AP), for Respondent Nos. 1 to 3, the Court made the following

ORDER

GP for Education takes notice and seeks further time to get instructions. It is evident from the impugned order Ex. P1 that petitioner's candidature for the post of PGT Commerce is rejected only on the ground that she does not have B.Ed. qualification. However, by the notification Ex. P2 under Clause 2 (A) (j), it is not set out B.Ed. as a qualification required so far as PGT Commerce is concerned. Hence, prima facie the rejection of petitioner's candidature does not appear as justified. Hence, the impugned order shall remain stayed until further orders.

List after two weeks.

ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To

1 The Principal Secretary Education Department, Secretariat Buildings, State of Andhra Pradesh, Hyderabad.

2 The Commissioner and Director of School Education, and Ex-Officio Project Director, RMSA, A.P. Hyderabad.

3 The Regional Joint Director of School Education, Guntur 4 Two CC's to the GP for Education (AP), High Court Buildings, Hyderabad. (OUT) 5 One CC to SRI K. SRINIVASA PRASAD, Advocate (OPUC) 6 One spare copy.

BRT HIGH COURT VVAJ DATED: 16-2-2015 NOTE: LIST AFTER TWO WEEKS

ORDER:

WP.NO. 2601 OF 2015 DIRECTION HIGH COURT BRT DRAFTED ON: 19-2-2015 VVAJ DATED: 16-2-2015

NOTE: LIST AFTER TWO WEEKS ORDER:

WP.NO. 2601 OF 2015 DIRECTION