The State of Andhra Pradesh Vs S Naheeda Sultana

Writ Appeal under clause 15 of the Letters Patent to set aside the interim orders passed by the learned single judge in W.P.No.23614/2025, dated 04.09.2025 by allowing the present writ appeal in the interest of justice

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Between:

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THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY SCHOOL EDUCATION DEPARTMENT A P SECRETARIAT VELAGAPUDI AMARAVATI GUNTUR DISTRICT

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THE DIRECTOR OF SCHOOL EDUCATION, ANDHRA PRADESH D NO 398/3 VIDYA BHAVAN VENKATADRI TOWERS ATMAKUR VILLAGE MANGALAGIRI GUNTUR DISTRICT

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THE CONVENOR MEGA DSC2025, THE ANDHRA PRADESH TEACHERS RECRUITMENT TEST TRT VIDYA BHAVAN VENKATADRI TOWERS ATMAKUR VILLAGE MANGALAGIRI GUNTUR DISTRICT

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THE DISTRICT EDUCATIONAL OFFICER, CHITTOOR DISTRICT CHITTOOR

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...APPELLANT(S)

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AND

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S NAHEEDA SULTANA, D/o S Abdul Azeern Aged about 49 years Occ Unemployee R/o D NO 174113A N V R Street Madanapalle Madanapalle Mandal Annamayya District Andhra Pradesh Erst while

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...RESPONDENT

Chittoor District

IA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the interim orders passed in W.P.No.23261/2025, dated 03.09.2025 pending disposal of the above writ appeal in the interest of justice

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Counsel for the Appellant(S):

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1.GP FOR SCHOOL EDUCATION

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Counsel for the Respondent:

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1.KAVITHA GOTTIPATI

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The Court made the following:

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THE HON’BLE SRI JUSTICE BATTU DEVANAND

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&

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THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA

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WRIT APPEAL No.1030 of 2025

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JUDGMENT: (Per Hon’ble Sri Justice Battu Devanand)

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This Writ Appeal is filed aggrieved by the interim order, dated 04.09.2025 passed by the learned Single Judge of this Court in W.P.No.23614 of 2025.

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Heard the learned Government Pleader appearing for the appellants and Smt Kavitha Gottipati, learned counsel for the respondent. Perused the material available on record.

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The facts leading to filing of this Appeal are herein under:-

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The Respondent herein/writ petitioner had appeared for Teachers Eligibility Test (TET) conducted by Respondent No.2 – Director of School Education and secured 82.17 marks (Rank 2) against the category of School Assistant (Urdu). Respondent also appeared for the post of School Assistant (Social Studies) vide Notification No.01/Mega-DSC-TRC-2025, dated 20.04.2025 and secured 62.73 marks (Rank 3). However, the respondent could not produce the EWS certificate on a bonafide mistake and later approached the appellant authorities to consider the EWS certificate and her case for appointment under the said quota. As the request of the respondent herein was not considered, she approached this Court by filing

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W.P.No.23614 of 2025. At the stage of admission, after hearing both sides,

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the learned Single Judge of this Court opinied that as long as the certificates issued in favour of the respondent stating that the respondent hails from EWS are genuine and undoubted, the case of the respondent should be considered under the said category notwithstanding the invalidity of BC-E Community Certificate. Accordingly, the learned Single Judge of this Court passed an interim order, dated 04.09.2025, to consider the EWS certificate of the respondent and to consider her case under the said category. Aggrieved by the said order, the present Writ Appeal is filed.

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Learned Government Pleader appearing for the appellants would submit that in the DSC application itself, the respondent failed to mention that she belongs to EWS category and the EWS certificate was also not uploaded. Further, the learned Government Pleader brought the attention of this Court to the Instruction No.25 of the Notification, dated 20.04.2025, wherein it is clearly provided that the candidate must personally complete all sections of the application form and thoroughly review the information before submission. Candidates have opportunity to make corrections before final submission and fee payment through payment gateway. No option to edit the form will be provided after submission. The candidate will be solely responsible for the accuracy of the information provided. Accordingly candidates are strongly advised to exercise utmost caution when selecting their preferences for posts and managements.

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On perusal of the personal details of the Respondent in the application form submitted through online it is mentioned therein that the respondent belongs to BC-E category and she is not eligible for EWS category. Infact, if it happened by mistake she could make correction before final submission of the application and fee payment. But, as per the learned counsel for the respondent, she made representation to the concerned authorities after declaration of the result. As such, when the selection process is at the final stage, the respondent cannot raise such contentions.

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No doubt, we are agreeing with the opinion of the learned Single Judge that as long as the EWS certificate issued in favour of the respondent is subsisting, she is entitled for consideration under the said category. But, in the present case, the respondent failed to submit that certificate while making application. As such, she is not entitled for such benefit to be extended under the EWS category at present.

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In view of the above, in our considered view, it is appropriate and reasonable to set aside the interim order, dated 04.09.2025 in W.P.No.23614 of 2025 passed by the learned Single Judge.

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Accordingly, the interim order of the learned Single Judge, dated 04.09.2025 in W.P.No.23614 of 2025 is hereby set aside. It is needless to mention that the learned Single Judge has to dispose of the Writ Petition uninfluenced by any of the observations made in this order.

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