ORDER : K MANMADHA RAO, J. The Writ Petition is filed under Article 226 of the Constitution of India , seeking the following relief: “….. to issue a Writ, Order or Director more particularly one in the nature of Writ of Mandamus to declare the action of the 3 rd respondent in rejecting the petitioner candidature for the post of School Assistant (Biology) in the L.P.C.T Gujarati Vidyalaya (E.M), High School, Vijayawada-1, Krishna District, vide Rc.No.1504/A1/2021, dated 07.09.2021 despite recommendation by the 5 th and 6 th respondents is arbitrary, illegal, violation of violation of fundamental rights guaranteed under Art 14, 16, 19 and 21 of Constitution of India and violation of Statutory Rules issued vide G.O.Ms.No.38, dated 19.11.2014, G.O.Ms.No.67, dated 26.10.2018 and G.O.Ms.No.15, dated 01.02.2019; consequently set aside Proceeding Rc.No.1504/A1/2021, dated 07.09.2021 and declare the petitioner is eligible to be promoted as School Assistant (Biology) in the L.P.C.T Gujarati Vidyalaya (E.M), High School, Vijayawada-1, Krishna District and direct the respondents to appoint the petitioner for the post of School Assistant (Biology) in the L.P.C.T Gujarati Vidyalaya (E.M), High School, Vijayawada-1 with all benefits from 06.01.2021 …….” 2. Brief facts of the case are that the date of birth of the petitioner is 01.02.1969. The petitioner completed her 10 th class in 1986 and intermediate in the year 1988 in Bi.P.C stream having Botany, Zoology, Physics and Chemistry as specialized subjects. The petitioner graduated in the year 1992 in Bachelor of Science (Home Science) and the relevant subjects are Rural health and Sanitation, Bio-Chemistry, Agriculture, Animal husbandry, Micro biology, Poultry, Therapeutic Nutrition, Fish Culture, Dairy Production and other subjects. The petitioner has completed her Degree of Bachelor of Education in 1996 with Biology as one subject. The petitioner further completed her B.Sc (Zoology) in 2004 from Dr.B.R.Ambedkar Open University and Master of Science in Zoology in May, 2007 and the petitioner also cleared Accountant test in August, 2019. The petitioner was appointed as Secondary Grade Teacher (SGT) in L.P.C.T Gujarati Vidyalaya High School, Vijayawada on 27.10.2004. The appointment was approved vide Procs.Rc.No.29/A1/2018, dated 11.05.2018 of DEO, Krishna, Machilipatnam and the said school is Linguistic Minority Institution recognized and aided by the Government of Andhra Pradesh. The petitioner was appointed as Secondary Grade Teacher (SGT) in L.P.C.T Gujarati Vidyalaya High School, Vijayawada on 27.10.2004. The appointment was approved vide Procs.Rc.No.29/A1/2018, dated 11.05.2018 of DEO, Krishna, Machilipatnam and the said school is Linguistic Minority Institution recognized and aided by the Government of Andhra Pradesh. In view of the vacancy arisen to the post of School Assistant (Biology) on 26.12.2020, the 5 th respondent has promoted the petitioner as School Assistant (Biology) with effect from 06.01.2021 and sent proposals vide Rc.No.04/2021 dated 27.01.2020 for necessary approvals from the 3 rd respondent. The 5 th respondent also states that the petitioner is fully qualified to hold the post. The 7th respondent has raised an objection saying that she is also eligible for the post. Considering the rival contentions, the deputy education officer, Vijayawada division has sent a communication to the 4 th respondent regarding the promotional proposals of the petitioner. Therefore, the 4 th respondent has returned the proposals to the 5 th respondent with an instruction to submit an explanation within 10 days. The 5 th respondent in turn submitted an explanation that as per the G.O.Ms.No.38, dated 19.11.2014, two allied subjects are required to be studied, however the petitioner has studied six (6) subjects and also submitted that AP ED CET Notification 2020 clearly mentioned B.Sc (Home Science) as eligible degree for School Assistant (Biology). Hence, the 6 th respondent vide Lr.Rc.No.133/2021, dated 28.07.2021 has submitted the proposals to promote the petitioner stating that the petitioner is fully eligible as per G.O.Ms.No.38, dated 19.11.2014 as she has studied six subjects, though she just needs to study any two allied subjects. After going through the explanation of the 5 th and 6 th respondents, the 4 th respondent has sent the proposal to the 3 rd respondent on 23.08.2021.Surprisingly, the 3 rd respondent without assigning any reasons simply rejected the candidature of the petitioner for promotion by saying "not feasible of consideration as per rules in vogue" vide RC.No.1504/A1/2021, dated 07.09.2021. Aggrieved by the same, a representation has been submitted to the 2 nd respondent on 22.09.2021 and the 2 nd respondent called for detailed report from the 3 rd respondent on 27.10.2021. But no action has been taken by the 3 rd respondent till date. Aggrieved by the same, a representation has been submitted to the 2 nd respondent on 22.09.2021 and the 2 nd respondent called for detailed report from the 3 rd respondent on 27.10.2021. But no action has been taken by the 3 rd respondent till date. Aggrieved by the action of the 3 rd respondent in rejecting the case of the petitioner vide RC.No.1504/A1/2021, dated07.09.2021, the present writ petition has been filed. 3. This Court, vide order, dated 19.11.2021, has directed that Status-quo to be maintained. 4. The 3 rd respondent filed counter affidavit denying the allegations made in the writ petition and stated that the petitioner was initially appointed against sanctioned unaided post. In the 5 th respondent school the post of School Assistant (Biology) was arisen vacant on 26.12.2020. The Correspondent of the 5 th respondent school without seeking permission from the competent authority has absorbed petitioner into said vacancy and subsequently submitted proposals to the 3rd respondent on 23.08.2021. After going through the proposals it is found that petitioner was graduated in Bachelor of Science (Home Science) in the year 1992 with Botany, Zoology and Chemistry. As per G.O.Ms.No.38, dated 19.11.2014 and G.O.Ms.No.67, dated 26.10.2018, a person to be appointed as School Assistant (Biology) he/she should possess a Bachelors Degree with Botany and Zoology as optional subjects or one of the two as main and the other as subsidiary subject or any two of other allied subjects viz. Public Health/Human Genetics/Genetics/Bio-chemistry/Environment Sciences/Micro-biology/ Bio-Technology/Industrial Micro-biology/Agriculture/Food Technology/Fisheries/ Nutrition/geology/Sericulture/Horticulture/Forestry/Poultry and a B.Ed. Degree with Biological Science/Natural Sciences/Science/Botany/General Micro Biology subject and 1, chemistry optional Subject-2, Genetics, Bio Informatics, Molecular Biology, Agricultural and marine Bio Technology options subject and MSc. Bio Technology 5 years integrated course and B.Ed Degree with Biological Science/natural sciences/Sciences/Botany/Zoology as methodology subject. It is further stated that as the petitioner does not have required qualification, the proposals submitted by the Correspondent were rejected by the 3 rd respondent vide proceedings Rc.No.1504/A1/2021, dated 07.09.2021.Therefore, prays to dismiss the writ petition. 5. The 7 th respondent filed counter affidavit denying the allegations made in the writ petition and stated that the petitioner herein is not qualified for appointment as School Assistant (Biology) in the 4 th Respondent School. The official Respondents had correctly rejected her candidature. 5. The 7 th respondent filed counter affidavit denying the allegations made in the writ petition and stated that the petitioner herein is not qualified for appointment as School Assistant (Biology) in the 4 th Respondent School. The official Respondents had correctly rejected her candidature. It is further stated that the 7 th respondent is senior most teacher and fully qualified for the post of School Assistant in the 4 th respondent school. The 7 th respondent was appointed on 27 th October, 2004 and graduate (B.Sc. with B.Z.C. group and B.Ed. with optional as Biology and Zoology). The writ petitioner is not having the qualification for the post of School Assistant as per the Rules. She claims to be a graduate in Home Science and B.Ed. in Biology and English. It is not a sufficient qualification for appointment as School Assistant as per the Rules and her candidature was rightly rejected by the official Respondents. It is further stated that as the petitioner is not eligible and is not qualified, the official Respondents should have appointed the 7 th respondent as School Assistant. At that juncture, the petitioner filed this Writ Petition and obtained interim order of status quo. However, the official and un-official Respondents in violation of interim orders passed by this court, issued proceedings appointing the petitioner as School Assistant. Hence, the 7 th respondent filed Contempt Case No.700 of 2022. After the notice and papers were served in the said Contempt Case, the official respondents had issued formal proceedings cancelling the appointment of the petitioner as School Assistant. However, the official respondents are allowing the petitioner to function as School Assistant. This is in gross violation of the orders passed by this Court. It is further stated that the petitioner is not qualified for the post of School Assistant (Biology) in the 4 th Respondent School and the rejection of the petitioner's case for appointment as School Assistant (Biology) is lawful, valid and is in accordance with the relevant Rules. Therefore, prays to dismiss the writ petition. 6. Heard Mr.T.Yogesh, learned counsel for the petitioner; learned Assistant Government Pleader for School Education and learned Assistant Government Pleader for Services-III, for respondent Nos.1 to 6 as well as Ms.C.Sindhu Kumar, learned counsel for respondent No.7. 7. Therefore, prays to dismiss the writ petition. 6. Heard Mr.T.Yogesh, learned counsel for the petitioner; learned Assistant Government Pleader for School Education and learned Assistant Government Pleader for Services-III, for respondent Nos.1 to 6 as well as Ms.C.Sindhu Kumar, learned counsel for respondent No.7. 7. On hearing, learned counsel for the petitioner while reiterating the contents urged in the writ petition, submits that, the Rules in G.O.Ms.No.15, dated 01.02.2019 specifically mentions that any two allied subject may be treated as valid qualification. Besides the rule further says that even students graduated in B.C.A (Bachelor of Computer Applications) are also eligible provided they have studied intermediate in Botany and Zoology and did their B.Ed in biological science/botany/zoology. Therefore it is amply clear that those who have not studied any specialized subject in graduation may also be considered for School Assistant (Biology) if they have studied intermediate with Botany and Zoology and did their B.Ed with the specific methodology. As per Union of India guidelines irrespective of subject in graduation, methodology in B.Ed should be considered for Schools Assistant Post. He further submits that the B.Ed course allows candidates with B.Sc (Home Science) to do Biological Science Methodology to be eligible for School Assistant (Biology), but the 3 rd respondent rejected the candidature for the promotion to the School Assistant (Biology). Therefore the action of the 3 rd respondent in rejecting the candidature for the post of School Assistant (Biology) is irrational, arbitrary and violation of Article 14 , 16, 19 and 21 of the Constitution of India . 8. Learned counsel for the petitioner placed reliance upon the proposal sent by the 4 th respondent to the 3 rd respondent vide Rc.No.59/D3/2021, dated 23.08.2021, wherein it was held as follows: “I Further submit that, the Correspondent, L.P.C.T Gujarati Vidyalaya E.M High School, Vijayawada-1, Krishna District has informed that, according to GO Ms. No.38, School Education (Exams) Department, Dt. 19.11.2014 two allied subject are required to have been studied by a candidate for qualifying for the post of School Assistant (Biology) and Smt Padmaja has studied six (06) subjects out of the given subjects in the said Government Orders and also informed that in the AP ED CET notification 2020 clearly mentioned B.Sc., (Home Science) as eligible, degree for School Assistant (Biology). I Further submit that, the Correspondent, L.P.C.T Gujarati Vidyalaya E.M High School, Vijayawada-1, Krishna District has informed that, the both of teachers are equally qualified for promotion to the post of School Assistant (Biology) and the date of appointment of both the teachers are same, their age is considered to be the criteria for sending promotion proposals and hence the promotion proposal of Smt. B.Padmaja, SGT were sent as she is elder than Smt V Lakshmi Sujatha and also in the appointment approval order issued by the District Educational Officer, Krishna, Machilipatnan the name of Smt B Padmaja was mentioned in the top of the list.” Therefore, learned counsel requests this Court to allow the writ petition. 9. Per Contra, learned Assistant Government Pleader for School Education while reiterating the contents made in the counter affidavit, submits that, keeping in view of the rules in G.O.Ms.No.15, dated 01.02.2019, the case of the petitioner was considered and her promotion was approved vide proceedings Rc.No.1504/A1/2021, dated 23.12.2021 with effect from the date of approval. He further submits that, as per Rule (3) and 12 (8) of G.O.Ms.No.1, Education Department, dated 01.01.1994, the Regional Joint Director of School Education is the competent authority for approval of selections in the Aided Secondary Schools. Further the proposal for approval promotion of the petitioner was initially rejected by the 3 rd respondent. But without considering same, the 5 th respondent issued proceedings vide Procs.Rc.No.04/2021., dated 06.01.2021 to the petitioner with instructions to join duties School Assistant (Biology) at L.P.C.T. Gujarati E.M. High School, Vijayawada, as soon as the approval is obtained from the competent authority. He further submits that, in view of the Status-quo orders of this Court, the 3 rd respondent has withdrawn the promotion orders of the petitioner and reverted back her to the post of Secondary Grade Teacher vide Procs.Rc.No.1504/A1/2021, dated 18.04.2022. Therefore, learned Assistant Government Pleader requests this Court to pass appropriate orders. 10. On the other hand, learned counsel for the 7 th respondent while reiterating the contents made in the counter affidavit, submits that, even as per G.O.Ms.No.15 dated 01.02.2019, a person must possess graduation qualification with Biology and Zoology as optional subjects or any one of the two as Main or other two as optional subjects and or any two of them as allied subjects. In the subjects mentioned in the said G.O., the petitioner is not having any qualification and the students graduated in B.C.A. are also eligible is not true and correct. The emphasis is that as the post is School Assistant (Zoology) a person should be graduate with Botany and Zoology as optional and one of the two as Main and the other as Subsidiary. Mere study of these two subjects in some other course, where they are not Optional or Mains is of no consequence or relevance. The assertion that a graduation in any specialised subject should also be considered for the post of School Assistant is not true and correct. Even assuming that the petitioner has studied Botany or Zoology in Intermediate, it is not a sufficient qualification. The guidelines of Union of India have no application. The methodology in B.Ed. cannot be considered for appointment as School Assistant. The appointment of School Assistant is governed by the relevant Rules framed by the State Government. She further submits that the qualifications prescribed under APEDCET have no relevance to the present writ petition. Therefore, learned counsel prays to dismiss the writ petition. 11. Perused the record. 12. On a perusal of the material on record, this Court observed that, the 3 rd respondent has issued approval orders for promotion of the petitioner vide Rc.No.1504/A1/2021, dated 23.12.2021 with the following observations: “The Correspondent, L.P.C.T. Gujarati High School, Vijayawada is requested to take necessary action accordingly and the promotion now approved are liable for reversion at any time without notice and without assigning any reason thereof and subject to final verdict of W.P.No.26781 of 2021 filed by the individual and any other court cases and subject to condition that the Management is held responsible for any discrepancies arises in future for issue of promotions.” 13. It is pertinent to mention here that, as per G.O.Ms.No.38, School Education (Exams) Department, dated 19.11.2014, Post wise qualifications reads as follows: “(c) School Assistant (Biological Science):- Must possess a Bachelors Degree with Botany and Zoology as optional subjects or one of the two as main and the other as subsidiary subject or any two of other allied subjects viz. Public Health/Human Genetics/Genetics/Bio-chemistry/Environment Sciences/Micro-biology/Bio-Technology/Industrial Micro-biology/ Agriculture/Food Technology/Fisheries/Nutrition/geology/Sericulture/ Horticulture/Forestry/Poultry and a B.Ed. Degree with Biological Science/Natural Sciences/Science/Botany/Zoology as a methodology subject.” 14. Public Health/Human Genetics/Genetics/Bio-chemistry/Environment Sciences/Micro-biology/Bio-Technology/Industrial Micro-biology/ Agriculture/Food Technology/Fisheries/Nutrition/geology/Sericulture/ Horticulture/Forestry/Poultry and a B.Ed. Degree with Biological Science/Natural Sciences/Science/Botany/Zoology as a methodology subject.” 14. It is pertinent to mention here that, as per G.O.Ms.No.67, School Education (Exams) Department, dated 26.10.2018, Post wise qualifications reads as follows: “(c) School Assistant (Biological Science):- Must possess a Bachelor's Degree with Botany and Zoology as optional subjects or one of the two as main and the other as subsidiary subject or any two of other allied subjects viz. Public Health/Human Genetics/Genetics/Bio-chemistry/Environment Sciences/Micro-biology/Bio-Technology/Industrial Micro- biology/Agriculture/Food Technology/Fisheries/Nutrition/geology/ Sericulture/Horticulture/Forestry/Poultry/General Micro-Biology optional subject-1, Chemistry optional Subject-2, Genetics, Bio- Informatics, Molecular Biology, Agricultural and Marine Bio- Technology optional Subject-3 and M.Sc. Bio-Technology 5 years integrated course and a B.Ed. Degree with Biological Science/Natural Sciences/Science/Botany/Zoology as a methodology subject” 15. It is pertinent to mention here that, as per G.O.Ms.No.15, School Education (Exams) Department, dated 01.02.2019, Rule 4(2)(i) substituted as follows: “Must possess a Graduation with Botany and Zoology as optional subjects or one of the two as main and the other as subsidiary subject or any two of other allied subjects viz. Public Health /Human Genetics / Genetics / Bio-chemistry / Chemistry/Environment Sciences / Micro-biology / Bio-Technology / Industrial Micro-biology /Agriculture/ Food Technology/Fisheries/ Nutrition/ geology /Sericulture / Horticulture / Forestry /Poultry/ General Micro-Biology optional subject-1, Chemistry optional Subject-2, Genetics, Bio-Informatics, Molecular Biology, Agricultural and Marine Bio-Technology optional Subject-3 and M.Sc.Bio- Technology 5 years integrated course and a B.Ed. Degree with Biological Science / Natural Sciences /Science / Botany / Zoology/ as a methodology subject. OR B.C.A Candidate with Botany and Zoology at Intermediate level as group subjects and B.Ed. Degree with Biological Science / Natural Sciences /Science / Botany / Zoology as a methodology subject.” 16. Degree with Biological Science / Natural Sciences /Science / Botany / Zoology/ as a methodology subject. OR B.C.A Candidate with Botany and Zoology at Intermediate level as group subjects and B.Ed. Degree with Biological Science / Natural Sciences /Science / Botany / Zoology as a methodology subject.” 16. As seen from the material on record, this Court observed that, the5 th respondent has given promotion to the petitioner vide R.C.No.04/2021, dated 06.01.2021 with the following observations: “Due to Promotion of Smt. J. Grace Miriam, School Assistant (Biology)as Headmaster on 26-12-2020, the post of School Assistant (Biology) falls vacant from 26-12-2020 and hence Smt. B. Padmaja, B.Sc., M.Sc., B.Ed., who has been working as S.G.T since 27-10-2004 in L.P.C.T. Gujarati Vidyalaya E.M. Primary School, Vijayawada and who is the senior among the teachers with similar qualifications in the cadre of Secondary Grade Teacher in the school, both L.P.C.T. Gujarati Vidyalaya E.M. Primary & High School, Vijayawada and as per the subject requirement is promoted as SCHOOL ASSISTANT (BIOLOGY) with effect from 06-01-2021 as she is fully qualified to hold the post. The individual is here with instructed to join into duties as School Assistant (Biology) at L.P.C.T. Gujarati Vidyalaya E.M. High School, Vijayawada-1 as soon as the approval is obtained from the competent authority.” 17. Having regard to the facts and circumstances of the case and on considering the submissions of both the learned counsels, it appears that, as per the above said GOs, it is clear that any two allied subjects may be considered as valid qualifications, and the post of School Assistant can be filled by a with the candidate who holds a B.C.A. with Botany and Zoology at Intermediate level as group subjects, along with a B.Ed. Degree with Biological Science, Natural Sciences, Science, Botany or Zoology as a methodology subject. Further, the 5 th respondent has confirmed that the petitioner is fully qualified to hold the post of School Assistant (Biology) vide proceedings dated 06.01.2021. Therefore, this Court is of the opinion that, despite the recommendations made by the respondent Nos.5 and 6, the 3 rd respondent has rejected the petitioner’s case for the School Assistant without providing any reasons, which is in violation of Statutory Rules issued vide G.O.Ms.No.38, dated 19.11.2014, G.O.Ms.No.67, dated 26.10.2018 and G.O.Ms.No.15, dated 01.02.2019. Hence, this Court is inclined to allow the writ petition by setting aside the impugned proceedings dated 07.09.2021. Hence, this Court is inclined to allow the writ petition by setting aside the impugned proceedings dated 07.09.2021. 18. Accordingly, the Writ Petition is allowed. The respondents are directed to appoint the petitioner for the post of School Assistant (Biology) at L.P.C.T Gujarati Vidyalaya (E.M), High School, Vijayawada, with all consequential benefits with effect from 06.01.2021, within a period of two (02)months from the date of receipt of a copy of this order. No costs. 19. As a sequel, miscellaneous applications pending, if any, shall stand closed.