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2023 DIGILAW 1000 (AP)

G. Gopala Rao v. State of Andhra Pradesh

2023-07-06

D.RAMESH

body2023
ORDER : 1. This Writ Petition is filed declaring the action of the respondents in not appointing the petitioner as Language Pandit, Grade-II (Telugu) as per his merit-rank in DSC-2006 on par with other selected candidates of DSC-2006 on the alleged ground that the petitioner passed Special Telugu as additional subject in B.A., degree from Andhra University, as illegal and arbitrary. 2. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Services-III. 3. Facts in Nutshell: Pursuant to the notification for recruitment of teachers i.e., DSC-2006, dated 14.06.2006 and as per Rules in G.O.Ms.No. 96, Education (SER-II) Department, dated 25.07.2005 and G.O.Ms.No. 44, Education (Services-VII), dated 16.05.2006, the petitioner had submitted his application, dated 15.07.2006 for the post of Language Pandit Grade-II (Telugu). As per Special Rules for the Andhra Pradesh School Educational Sub-ordinate Service (for short ‘the Special Rules’), wherein, the relevant Rule, which prescribed qualifications, reads as under: III-By Direct Recruitment : 3. Language Pandit (Telugu): “Must possess a Bachelor Degree with Telugu as main subject or one of the three equal optional subjects or a P.G. Degree or an oriental title or its equivalent and B.Ed., with Telugu as methodology or pundits training or its equivalent.” 4. According to the averments made in the writ petition, the petitioner has passed 10th class with Telugu as first language, Intermediate with Telugu as 2nd language, B.A., Degree with Telugu as 2nd language and Special Telugu as one of the additional subjects along with optional subjects i.e., History, Economics and Politics. He also passed B.Ed., with Telugu and Social Studies as methodology and also passed Special Telugu as Additional subject from Andhra University in the year 2005. 5. As per Rules, for promotion to Telugu Pandit, the individual must possess a Bachelor Degree with Telugu as main subject or one of the three equal optional subjects or a P.G. Degree or an oriental title or its equivalent and B.Ed., with Telugu as methodology or pundits training or its equivalent. As the petitioner has requisite qualification, he applied for the post of Language Pandit Grade-II, accordingly, Hall-ticket No. 03700078 was allotted, and the petitioner appeared for the selection process and his name was included in the provisional selection list of Language Pandit Grade-II (Telugu). 6. As the petitioner has requisite qualification, he applied for the post of Language Pandit Grade-II, accordingly, Hall-ticket No. 03700078 was allotted, and the petitioner appeared for the selection process and his name was included in the provisional selection list of Language Pandit Grade-II (Telugu). 6. Pursuant to the marks obtained in the written test, the 3rd respondent through proceedings in Rc.No. 345/A1/2006, dated 15.11.2007, informed that the petitioner has selected for the post of Language Pandit Grade-II and directed to attend the counselling scheduled on 20.11.2007 at Z.P. meeting hall, Visakhapatnam along with original certificates for verification and accordingly, he attended the counselling. On the same day, the respondents issued proceedings, vide Rc.No. 345/A1/2006, dated 20.11.2007 informing that the selection of the petitioner for the post of Grade-II Language Pandit (Telugu) is withheld, until further orders to be issued by the Director of School Education, Andhra Pradesh, regarding eligibility of single/additional subject for selection to the post of Grade-II Language Pandit (Telugu). Accordingly, the 3rd respondent addressed a letter to the Director of School Education for clarification of qualification. Though, the petitioner has acquired requisite qualification, the respondents neither rejected his selection for the post of Language Pandit Grade-II (Telugu) nor issued any appointment order, till now. Aggrieved by the same, the petitioner filed the present Writ Petition. 7. Based on the above pleadings, learned counsel for the petitioner has mainly relied on the Rule-III (3) of the Special Rules, which described the qualification that is required for Language Pandit (Telugu). According to the said Rule, the petitioner is fully qualified and eligible. He further contends that initially the petitioner passed B.A., Degree from Andhra University, with Registration No. 2293, consisting of English, Telugu, Indian Heritage and Culture in Part-I and consisting of optional subjects i.e. History, Economics and Politics in Part-II. Later, in the month of March, 2005, the petitioner passed B.Ed., with Telugu and Social Studies as methodology from Andhra University through Distance Education. Thereafter, in the year 2005, the petitioner passed Special Telugu as Additional subject from Andhra University. The petitioner passed B.A., and also passed special Telugu as additional subject, thereby eligible for the post of Language Pandit Grade-II (Telugu). Thereafter, in the year 2005, the petitioner passed Special Telugu as Additional subject from Andhra University. The petitioner passed B.A., and also passed special Telugu as additional subject, thereby eligible for the post of Language Pandit Grade-II (Telugu). Therefore, in view of the clarification given by the Director, Andhra University and as per Rule-III (3) of the Special Rules, the petitioner is fully qualified and eligible for appointment to the post Language Pandit Grade-II Telugu. 8. Learned counsel for the petitioner further submits that an identical issue was held by the Division Bench of the composite High Court in W.P.No. 31532 of 2015, which reads as follows: “...7. The relevant Rule, which prescribed qualifications, reads as under: “4(2)(iii)(a). Language Pandit (Telugu): Must possess a Bachelor’s Degree with Telugu as the main subject or one of the three equal optional subjects or Bachelor’s Degree in Oriental Language in Telugu (B.O.L.) or its equivalent or a Post Graduate Degree in Telugu and B.Ed., with Telugu as methodology or Telugu Pandit Training or its equivalent.” As per the above reproduced Rule, if a person possesses a Bachelor’s Degree with Telugu as main subject, or one of the three equal optional subjects or Bachelor’s Degree in Oriental Language in Telugu or its equivalent etc., he is entitled to be considered and appointed as Language Pandit (Telugu). No doubt, respondent No. 1 does not have a Bachelor’s Degree with Telugu as main subject or one of the three equal optional subjects. He also does not possess Bachelor’s Degree in Oriental Language in Telugu (B.O.L.). However, he obtained a Bachelor’s Degree in single subject, i.e., Telugu Literature from Dr. B.R. Ambedkar Open University. In our opinion, the Tribunal has rightly interpreted the above Rule in favour of respondent No. 1 and held that as he holds a Bachelor’s Degree in Telugu Literature, he satisfies the qualification prescribed under the above-mentioned Rules. The petitioners have referred to Memo No. 18103/Ser.VI-1/2005, dt.03.10.2015, issued by petitioner No. 1, in support of their plea that the Degree obtained by respondent No. 1 cannot be considered as an equivalent Degree as the same is a Single Subject Course. Ordinarily, it is only the University which conferred the Degree determines whether a particular Degree is equivalent to another Degree or not. However, for the reasons best known to the petitioners, they have not sought for the views of the Dr. Ordinarily, it is only the University which conferred the Degree determines whether a particular Degree is equivalent to another Degree or not. However, for the reasons best known to the petitioners, they have not sought for the views of the Dr. B.R. Ambedkar Open University, which conferred the Degree to respondent No. 1, as to whether the said Degree is equivalent to the Degree in Oriental Language in Telugu. Be that as it may, as per the above-mentioned Rule, a person who holds a Degree in Oriental Language in Telugu is qualified to be appointed as Telugu Language Pandit. If that be so, it defies any reason or logic as to why a person holding a Degree exclusively in Telugu Literature cannot be considered as holding a Degree equivalent to the Bachelor’s Degree in Oriental Language. Since the notified post is Language Pandit (Telugu), which calls for proficiency in Telugu Literature, and respondent No. 1 holds the Degree in Telugu Literature, apart from General Degree and also B.Ed., with Telugu and Social Studies as methodology subjects, we are of the opinion that he fully satisfies the qualification prescribed in the above reproduced Rule and the Tribunal has rightly allowed the O.A. filed by him.” 9. Learned counsel for the petitioner also placed reliance on the judgment of the Hon’ble Supreme Court in State of Andhra Pradesh vs. Shaik Mahibulla Sharief, 2017 (5) SCC 237 wherein, it is held that “there is nothing in the Rules which makes a degree issued by one Open University, which is recognized by the University Grants Commissioner (UGC) from being considered as equivalent to any other degree.” Upon which, the learned counsel argues that withholding the selection of the petitioner, on the aspect of possessing single subject certificates as per Memo, dated 03.10.2005, which is contrary to the findings of the Hon’ble Apex Court as referred supra. 10. Based on the findings of the Division Bench as well as the Hon’ble Apex Court, learned counsel for the petitioner submits that the issue involved in the present case is also covered under the same situation and sought for appointment of the petitioner as Language Pandit Grade-II Telugu, as per his marks and merit. 11. 10. Based on the findings of the Division Bench as well as the Hon’ble Apex Court, learned counsel for the petitioner submits that the issue involved in the present case is also covered under the same situation and sought for appointment of the petitioner as Language Pandit Grade-II Telugu, as per his marks and merit. 11. After receipt of notice, learned Government Pleader appearing on behalf of the respondents have reiterated their submissions, inter-alia contended that the case of the petitioner is not considered at this point of time, on the ground that he passed Special Telugu as additional subject in B.A.Degree from Andhra University, during Novermber-2005. He further contends that in the year 2007 itself, vide Proceedings, Rc.No. 345/A1/2006, dated 20.11.2007, it is informed to the candidate, that he is not eligible as per notification. On perusal of the said proceedings, it is evident that “In view of the above, Sri Goka Gopala Rao is hereby informed that his selection to the post of Grade-II Language Pandit (Telugu) is withheld until further orders to be issued by the Director of School Education, Andhra Pradesh, regarding eligibility of single/additional subject for selection to the post of Grade-II Language Pandit (Telugu).The same addressed to the Director of School Education, for giving directions in this regard.” Learned Government Pleader further contends that the petitioner has not challenged the same, if he aggrieved by the same, at that juncture. Now, after lapse of 16 years, the petitioner is not entitled for the said relief, that too, after filling up of all vacancies. He further states that the competent authority has considered and rejected the claim of the petitioner in the year 2007 itself and the petitioner has not challenged at that point of time and now, after lapse of 16 years, the petitioner is not entitled for the relief, which was granted in the earlier writ petitions. 12. Considering the submissions made by the petitioner, it is pertinent to mention here that no doubt, the petitioner has acquired requisite qualifications and the same is identical as discussed earlier in W.P.No. 31532 of 2015. In fact, in the said writ petition, the Court has held that the candidates, who hold Degree in Telugu language, apart from general Degree and also B.Ed., with Telugu and Social Studies as methodology subjects are fully satisfies the qualifications prescribed as per the Rules. 13. In fact, in the said writ petition, the Court has held that the candidates, who hold Degree in Telugu language, apart from general Degree and also B.Ed., with Telugu and Social Studies as methodology subjects are fully satisfies the qualifications prescribed as per the Rules. 13. As such, in view of the above said declaration made by the Division Bench in W.P.No. 31532 of 2015 and the proceedings issued by the respondents, dated 20.11.2007 are only indicating that the petitioner is provisionally selected to the post of Language Pandit Grade-II (Telugu) and subject to clarification, he addressed a letter to the Director of School Education. But, the respondents have not issued any proceedings either rejecting the provisional selection of the petitioner or not given any appointment for the post of Telugu Pandit, since 2007 onwards. 14. Therefore, taking all the aspects into consideration as well as the observations made by the Division Bench in W.P.No. 31532 of 2015, this Court is of the considered view that the respondents are directed to pass appropriate orders, in this regard, after clarification from the 2nd respondent. 15. In view of the aforesaid discussion, the Writ Petition is disposed of directing the respondents to issue appointment orders to the petitioner as Language Pandit Grade-II (Telugu), subject to clarification, as per the Rules, within a period of one (1) month from the date of receipt of a copy of this order. No order as to costs. 16. As a sequel, miscellaneous applications pending, if any, shall also stand closed.