STATE OF ANDHRA PRADESH Vs. SHAIK MAHIBULLA SHARIEF

JUDGEMENT

(1.) Leave granted. The Appellants were directed by the Andhra Pradesh Administrative Tribunal at Hyderabad (hereinafter referred to as the 'Tribunal') to consider the Respondent for appointment to the post of Language Pandit (Telugu) Grade-II. The High Court confirmed the said direction by dismissing the Writ Petition filed by the Appellants. The Appellants have filed this Appeal challenging the correctness of the judgment of the High Court.

(2.) The Appellant-State issued a notification for recruitment of teachers in Government schools. The Respondent applied for the post of Language Pandit (Telugu). He participated in the selection process and secured rank No.1195. His name was included in the provisional selection list of Language Pandit (Telugu) Grade-II under the B.C. (E) quota for East Godavari District. There were five posts earmarked for B.C.(E) category. The Respondent was one of two candidates selected in the said category. As the Respondent was not selected and appointed, he approached the Andhra Pradesh Administrative Tribunal by filing O.A. No.10250 of 2012. An interim order was passed by the Tribunal on 26.12.2012 by which the Appellants were directed to consider the case of the Respondent for appointment as Language Pandit (Telugu).

(3.) The Respondent passed BA with History, Economics and Political Science in the year 1998 and B.Ed. with Telugu and Social Studies as methodology subjects in the year 2005. He also passed BA in Telugu literature as a single subject from Dr. B.R. Ambedkar Open University, Hyderabad in the year 2007. He also completed MA in Telugu in distance mode from Dr. B.R. Ambedkar Open University in the year 2013. The Appellants contended before the Tribunal that the Respondent was not eligible for appointment as he did not possess the requisite educational qualifications. The Appellants relied upon the Andhra Pradesh Direct Recruitment for the post of Teachers (Scheme of Selection) Rules, 2012. According to Rule 4 (2) (iii) (a) of the said Rules, the qualification prescribed for the post of Language Pandit (Telugu) is as follows:-