The High Court approved the Administrative Tribunal's dismissal of an application challenging the appointment of teachers with lower marks than the petitioner. The Court held the tribunal's reliance on the official merit list justified its decision and refused to interfere.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY
WRIT PETITION No.12624 of 2012
Dated:27.04.2012
Between:
Surapuraju Muralidhar Rao.
Petitioner
And
The District Collector & Chairman, DSC 1998, Nellore, SPSR Nellore District – 524 001, And others.
... Respondent
THE HON’BLE SRI JUSTICE V.V.S.RAO AND
THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY
WRIT PETITION No.12624 of 2012
ORDER: (Per Hon’ble Sri Justice V.V.S.Rao)
The petitioner with B.A., B.Ed., is statedly qualified for being appointed as Secondary Grade Teacher in District Selection Committee 1998. He appeared for Teachers Recruitment Test. He alleges that he secured 58 marks, but those who secured 50, 45 and 40 marks were appointed. Making these allegations he filed O.A.No.7223 of 2011 before the Andhra Pradesh Administrative Tribunal. By impugned order, the tribunal disposed of the Original Application observing that the relief sought by the petitioner cannot be acceded to by the tribunal. This is assailed in this writ petition.
This Court heard the Counsel for the petitioner. He would submit
that though the respondents filed counter affidavit stating that the last candidate got 63 marks, he obtained the information to contend that many candidates who got lesser marks than the petitioner were appointed, and this is illegal and arbitrary. The submission cannot be accepted. The tribunal called for the records and rejected the relief observing as follows.
In the counter affidavit it is stated that the selection list was prepared as per the norms prescribed in G.O.Ms.No.618, Edn.Department, dated 18.05.1998. The last selected candidate who was selected as Secondary Grade Teacher under OC category is T.V.Siva Rama Krishna Reddy, with Hall Ticket No.09104337 secured 55+8=63 marks, whereas, the applicant has secured 53+5=58 marks. Hence, the applicant did not come under the zone of consideration for appointment to the post of Secondary Grade Teacher.
Heard both sides and perused the material available on record.
This Tribunal has perused the original selection merit list maintained by the respondents department. What is stated in the counter affidavit is reflection of the merit list prepared and maintained by the respondents.
The consideration by the tribunal while denying the relief to the petitioner, in our considered opinion, does not suffer from any error, and therefore, we are not inclined to interfere in the matter.
The Writ Petition is accordingly dismissed. The miscellaneous petitions, if any, shall also stand dismissed. There shall be no order as to costs.
_______________ (V.V.S.RAO, J)
________________________________ (G.KRISHNA MOHAN REDDY, J)
27.04.2012 vs
2 issues framed by the court
Whether the High Court should interfere with the Tribunal's order rejecting the petitioner's claim for appointment as Secondary Grade Teacher based on lower qualifyingmarks.
Whether the selection process for Secondary Grade Teachers conducted by the District Selection Committee was arbitrary and illegal.
Surapuraju Muralidhar Rao
District Collector & Chairman, DSC 1998, Nellore
V.V.S. Rao
G. Krishna Mohan Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
