The High Court dismissed the Writ Petition challenging the Andhra Pradesh Administrative Tribunal's order dismissing an application for restoration of services. The Court upheld the Tribunal's finding that qualified candidates were available, holding the petition devoid of merits.
No costs.
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THE HON'BLE SRI JUSTICE K.C. BHANU AND
THE HON’BLE MRS JUSTICE ANIS
WRIT PETITION No.17448 of 2004
ORDER:- (per Hon’ble Sri Justice K.C. Bhanu)
This Writ Petition is filed challenging the order dated 04-082004 in Original Application No.2671 of 2004 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short, ‘the Tribunal’).
2. Petitioner herein is the applicant, and the respondents herein are the respondents, in the Original Application. The petitioner herein filed O.A. before the Tribunal assailing the impugned orders dated 13-04-2004 through which her services have been terminated. The said O.A. was dismissed. Hence, the writ petition.
3. The case of the petitioner is that in pursuance of a notification for recruitment of Teachers in the year 2002, the petitioner herein appeared for selection process and later she was given appointment. Subsequently, the concerned authority came to know about the illegal selection of the petitioner and after issuing show cause notice the services of the petitioner were terminated. In the said notification it is clear that for Secondary Grade Teacher a candidate must possess qualification of Intermediate Examination conducted by the Board of Intermediate Education, A.P. or its equivalent. Must possess Teacher Training Certificate issued by the Commissioner for Government Examinations,
Andhra Pradesh or its equivalent.
4. As per notification issued for recruitment of Teachers 2002, the minimum educational qualifications for the post of Secondary Grade Teachers are (i) Must possess the qualifications of atleast Intermediate Examination conducted by the Board of Intermediate education A.P. or its equivalent and (ii) must possess Teacher Training Certificate issued by the Commissioner for Government Examinations, Andhra Pradesh or its equivalent. Candidates with higher qualifications may also be eligible for selection. It is not in dispute before this Court that the petitioner had a qualification of Intermediate and Teacher Training Certificate in Craft Course issued by the State Board of Technical Education (S.B.T.E.T.). But no material is filed to show that the Craft Course certificate of Teacher Training Certificate (for short T.T.C.) issued by SBTET, Hyderabad is equivalent to the Teacher Training Certificate issued by the Commissioner for Government Examinations.
5. Learned counsel for the petitioner contended that in view of the fact that she belongs to BC-B community note-1 of the notification would clearly go to show that even without Teacher Training Certificate she could be considered and accordingly she was selected and appointed. Note-1 of the notification reads as follows:
“Note.1: BC, SC, ST & PHC candidates without TTC or D.Endowment Department/Pendit Training/UGDPEd, qualification are also eligible for selection for the posts of Secondary Grade Teacher/Language Pandit grade-II/ Physical Education Teacher. They will be considered for selection only, if BC, SC, ST & PHC candidates with TTC or D.Ed./Pandit Training/UGDPEd qualification are not available.”
Note-1 is in the nature of exception to the general educational qualification. It clearly postulates that in case no qualified candidates available in a particular category then only the candidates without TTC can be considered for appointment. The applicant does not possess TTC qualification. In this regard a specific finding has been recorded by the Tribunal to the effect that:
“Here is a case, where qualified candidates are available. Therefore, the question of appointing the applicant, who is an unqualified candidate, does not arise.”
6. The question of her appointment arises only in the event when there are no candidates available with requisite qualifications in the respective reserve category. Here is a case, where qualified candidates with Intermediate and TTC qualifications are available. The said finding has not been challenged in the writ petition and no ground has been taken to show that the Tribunal has given an incorrect finding. No material is filed to show that finding is factually wrong. Therefore, we do not find any reasons to interfere with the same and the writ petition is devoid of merits.
7. Accordingly, the Writ Petition is dismissed. No costs.
8. Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.
______________________ JUSTICE K.C. BHANU
_______________ JUSTICE ANIS
June 06, 2014
PN
THE HON'BLE SRI JUSTICE K.C. BHANU AND
THE HON’BLE MRS JUSTICE ANIS
WRIT PETITION No.17448 of 2004
June 06, 2014
PN
1 issue framed by the court
Whether the writ petition challenging the termination of services and the Tribunal's finding on educational qualifications deserves interference.
The Petitioner
The Respondents
K.C. Bhanu
Anis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
